Traumatic brain injuries (TBIs) can occur in car crashes, slip-and-falls and even violent attacks. Any of these scenarios might give rise to an insurance claim or a personal injury lawsuit based on negligence or misconduct.
Although choosing not to litigate can seem like taking the high road, personal injury lawsuits exist for a reason. Brain injuries will have a lasting effect not just on the person who suffers the TBI but also on their family members. There are many good reasons for those with a TBI to pursue compensation for their injuries, such as the three below.
Medical care for brain injuries often exceeds insurance coverage
Whether you have a premises liability claim because someone fell down poorly-maintained stairs or a motor vehicle liability claim because of a distracted driver, there are limits to the insurance available after an injury.
The insurance company will limit your compensation to the maximum policy benefit or possibly less in certain circumstances. Insurance policies could fall woefully short of your actual costs. An international study looking at hospitalization costs for TBIs around the world found that the United States has some of the highest costs for care related to brain injury. People can expect average in-hospital care costs to range from $258,790 to $401,808.
Brain injuries often lead to a lifetime reduction in earning potential
TBIs cause many different kinds of symptoms. They can affect someone’s sense of balance or their memory. People ranging from construction professionals to medical doctors may discover that they can no longer do the same job after a brain injury.
Some people with a TBI may not be able to work at all. A lifetime of lost wages or lower earning potential could easily exceed the insurance coverage available after a brain injury, if medical care didn’t already consume the reimbursement from the policy.
TBIs often generate secondary expenses
A brain injury won’t just cost someone money when they are in the hospital or when they can’t work. A TBI may require in-house nursing support, specialized machinery or changes to the house itself.
Making a space accessible, adding a wheelchair lift to a van and buying medical equipment can cost tens of thousands of dollars. You may have no way to pay for those expenses unless you pursue a personal injury claim against the property owner or driver who directly caused the brain injury of your loved one.
Understanding the impact of a brain injury can help you better advocate for your family when someone gets hurt.