If you are suffering from a brain injury, you may be worried about covering your ongoing treatment costs. California law recognizes that traumatic brain injuries require long-term care. When someone else’s negligence causes your injury, you have the right to seek compensation for future medical expenses, not just current bills.
Why do brain injuries need rehabilitation?
Brain injuries can affect the way you think, move and speak. This is because the neural pathways that control speech or mobility may have been altered or destroyed. Rehabilitation helps your brain learn new ways to perform tasks after an injury. Since the brain rewires itself slowly, recovery often takes months or years.
The severity of your injury determines how long rehabilitation continues. You may show gradual improvement over months. However, if certain abilities never fully return, you may require ongoing support. Over time, the costs of rehabilitation can add up.
Can you recover future medical expenses in a claim?
California law allows you to recover damages for expenses you will incur in the future. To calculate this, life care planners evaluate your specific injuries and create long-term treatment plans. These include therapy sessions, medications and support services you will need.
Medical economists then calculate what future costs are equal to in today’s dollars. The calculation accounts for inflation, your changing medical needs and your life expectancy. Your age and required level of care also factor into the final amount.
Should you wait before settling a claim?
Once you accept a settlement, you give up your right to pursue additional compensation. This means you may not be able to request more money when additional problems surface.
Brain injuries are unpredictable. Some symptoms may not fully manifest after the accident. You might develop seizures, cognitive decline or mobility issues that were not initially present.
If you settle too early, you risk accepting an amount that cannot sustain future care. Legal counsel may be able to help you account for all future rehabilitation costs in your settlement. This can prevent you from accepting offers that fall short of your medical needs.