Traumatic Brain Injury: Long-Term Costs and Recovery

A traumatic brain injury (TBI) is a head injury caused by an external force, typically an impact. It can range from a mild concussion to severe brain damage. Because it affects brain function, it is not just a physical injury. It also affects the victim’s daily life and independence.

Common causes and symptoms of TBIs

TBIs can arise from a variety of causes including car accidents (especially side impacts in cars without airbags), slip and fall accidents, sports participation (being hit by a baseball, for example), and workplace accidents. Symptoms typically include headaches, memory loss, and even personality changes, depending on the severity of the injury.

Some of these symptoms might not arise until hours or even days after injury, raising the possibility that the victim might not even connect them to the accident.

Why TBI cases matter more than people realize

Unfortunately, TBIs are often invisible to medical imaging, which makes them hard to detect. Although the human brain is renowned for its healing ability, many severe TBIs are permanently debilitating. Insurance companies tend to exploit the difficulty of detecting TBIs to undervalue the seriousness of these injuries.

If you are a TBI victim, however, take heart—the average compensation in TBI cases is higher than you might expect.

Long-term medical treatment and care needs

Medical treatment for TBI comes in three varieties: emergency care, rehabilitation, and ongoing therapy. Rehabilitation is short-term treatment focused on restoring lost function, while ongoing therapy is long-term care designed to maintain your quality of life.

You might need treatment from many different types of specialists–neurologists, neurosurgeons, physiatrists, neuropsychologists, physical therapists, occupational therapists, speech-language pathologists, psychiatrists, clinical psychologists, counselors, social workers, case managers, vocational rehabilitation specialists and life care planners, for example.

Long-term care for TBI can cost hundreds of thousands, or even millions of dollars over a lifetime, especially when assisted living or 24/7 supervision are required. These costs often include not just medical treatment, but also personal care and cognitive supervision that families typically lack the expertise to provide on their own.

How TBIs affect your ability to work and earn a living

If you are employed before your accident, you will lose work time (and therefore earnings) while you are in the hospital or at home recovering. But what if your injuries prevent you from returning to your original position or even force you into early retirement?

A serious, long-term cognitive disability can easily put you in this position. You might have trouble with memory, high-level executive functioning, or even mental stamina. There are dozens of ways that a brain injury can affect your earning capacity.

Example

Imagine the extreme case–you are a 30-year-old anesthesiologist earning $400,000 a year and your TBI forces you to retire early. Assuming you would otherwise have retired at 65, that amounts to 35 lost years of work. At $400,000 a year, that adds up to $14 million without even taking into account future pay increases.

Now contrast that scenario with the opposite extreme. You are 60 years old and you make $35/hour or $1,400 a week. You are forced to reduce your hours from 40 per week to 20 per week for the remainder of your career (5 years), thereby losing $700/week, due to cognitive fatigue affecting your work performance. Your diminished earning capacity would amount to $182,000.

The emotional toll on you and your family

Lost income is not the only casualty you might have to deal with. The emotional toll can be devastating. You might experience depression, anxiety, frustration, PTSD, or any one of a number of other conditions. Perhaps you can’t play chess anymore or read the novels that used to fascinate you. These maladies can affect you, your family, and your caregivers.

Many people don’t realize that intangible losses such as emotional distress and loss of enjoyment of life can justify high compensation in addition to other elements of compensation, such as medical expenses.

Why expert testimony is key in TBI cases

Because of the difficulty of detecting TBI despite its potentially devastating effects on your life, you might need to work with a variety of experts to establish a strong case—neurologists, economists and therapists, for example.

Two kinds of experts matter–consulting witnesses and testifying witnesses.

• Consulting witnesses help you and your lawyer understand your case. You can also use reports they prepare in settlement negotiations, although certain precautions are in order if you do this.
• Testifying witnesses testify at trial. Obviously, you will only use a testifying expert if your case goes to trial, and most cases don’t.

An expert witness can help you prove the severity and impact of your injury. Having a well-respected testifying witness on your side can help you win at trial and encourage the other side to settle on your terms.

Settlement value and why it can be high

Tennessee law recognizes multiple elements of a settlement based on traumatic brain injury, including:

• Past and future medical expenses
• Lost wages
• Incidental expenses (child care, etc.)
• Physical pain and suffering
• Diminished earning capacity
• Loss of enjoyment of life
• Various other tangible and intangible losses

Compensation for intangible losses, such as loss of enjoyment of life or pain and suffering, might far exceed compensation for medical expenses. The best way to win a large settlement, ironically, is to prepare for trial. Insurance companies and defendants will settle to avoid potentially catastrophic trial results.

Two of the best ways to prepare to win at trial are (i) hire a lawyer with a strong track record of winning at trial and (ii) assemble a respected team of experts with experience testifying in court.

You don’t have to handle this alone

There are many resources viable for those attempting to navigate life after a TBI. Compassionate and committed legal advocacy cannot undo your injury, but it can ensure that you receive the compensation you deserve.

Chattanooga’s Wagner Personal Injury Lawyers and Workers’ Compensation Attorneys will fight relentlessly to win you the highest possible compensation. And we won’t charge you a dime in attorney’s fees unless we win. Contact us today to schedule a free consultation.