Traumatic brain injuries (TBIs) in cycling are unfortunately not a rarity. In just a moment a crash can change everything about the trajectory of your life. It’s why life care planning can be an important part of a brain injury case, especially when treatment or symptom management is slated to continue indefinitely.
Each year, thousands of cyclists will land in emergency departments for a TBI, making the sport the highest recreation-related reason people seek emergency care, according to the Centers for Disease Control and Prevention. While some TBIs resolve within a few weeks and a person is able to return to their normal life, that’s not the reality for many cases.
In serious TBIs, physical, mental, and behavioral symptoms can last for months, years, or for the rest of the person’s life. Even in TBIs that are diagnosed as “mild” — which include concussions — symptoms can continue for far longer than expected, impacting a person’s day-to-day life, job and earning capabilities, personal relationships, and overall quality of life.
Because TBIs can be so impactful, it’s often recommended that clients develop a life care plan in the occurrence of a brain injury.
→ Read More: The Most Common Brain Injuries After a Cycling Crash
What is life care planning?
TBIs can require lots of treatment, from intense physical therapy to behavioral health care.
Recovery is not always linear and not every person’s journey looks the same. Life care planning — which is often described as a dynamic document based on standards of practice, research, and comprehensive medical assessments that provide a plan for current and future needs and costs associated with catastrophic injuries — can provide a helpful roadmap for that treatment journey, especially when there are chronic health care needs associated with the injury.
“It is a way to plan for the lifetime needs of an individual with a disability,” explains the International Association of Rehabilitation Professionals.
The American Academy of Physician Life Care Planners recommend that these documents include:
- An overview of the patient and summary of records
- Interviews/examinations
- Presence of impairments and disabilities
- Probable duration of care
- What future medical needs the person may need
- Cost analysis and vendor survey
- Citations and references for information in the document
- Exhibits
These life care plans should be completed by a board certified physician who is well-versed in life care planning, which will give the plan credibility, especially in regards to diagnosis and future medical needs. Having experience in this area will lend important expertise.
Ask your life care planner about their training and certifications to ensure they are the right fit for your case.
Importance in TBI
A life care plan can be beneficial for a variety of different reasons and scenarios. In brain injury cases they’re particularly helpful because a TBI can alter a person’s mental capacity so significantly. Memory, cognitive, and behavioral changes can be common and mean that a person no longer has the same capabilities as they did before the crash.
Unlike other injuries, especially those that rely on X-ray or imaging, TBIs require different approaches to diagnosis and identifying what long-term care will look like. These injuries also are known to put a person at risk for degenerative diseases later on, and so sometimes recovery does not mean that symptoms will eventually resolve or plateau.
Disputes, insurance, and the value of a life care plan
A life care plan can be beneficial in many ways, such as helping patients know what to expect, and helping close family members or caretakers know the journey ahead. In personal injury cases, however, these documents serve as a guide to what treatment and care will be required in the future, and thus what financial resources will be required.
In trial cases and settlements alike, these life care plans can provide an important foundation for valuing a case.
As expected, insurance companies may dispute these plans, especially when it comes to cost – which is why it’s critical to find a trusted and certified planner to help in your case. While healthcare is often expensive, these plans may also call for assistance around the house, childcare, and other professional help that’s required for a person with a brain injury.
Life care plans don’t only cover what care will likely be required for the extended future, but also what the diagnosis means for employment and income. Does the TBI mean a person will experience less concentration and need to cut back at work? In what capacity can they continue to work, if at all, and why? Planners with TBI experience will be able to offer clear and defined answers to these and similar questions for the life care plan.
Working with a trusted planner and a trusted legal team is vital to getting the most in your case to cover your future.
Need a lawyer? Call us today
It’s understandable that the legal process that follows a bicycle crash be overwhelming, especially when a TBI is present. The staff at Bay Area Bicycle Law work every day on cases that require the expertise of somebody who understands the nuances of insurance, what cyclists experience during and after a crash, and how to best navigate the challenges that arise along the way.
Our promise to clients is that we will always work in your best interest and involve you in the process. Consultations are always free. We want to hear from you about your individual case and what needs you have.
You can call (415) 466-8717 or email [email protected] today.