Life Care Planning for Traumatic Brain Injury Cases
Life Care Plan applied to traumatic brain injury litigation: methodology, deliverables, and case-specific considerations.
How Life Care Planning applies to Traumatic Brain Injury
Life care plans for TBI routinely address cognitive rehabilitation, neuropsychological follow-up, medications, assistive technology, case management, home modifications, attendant care, and in severe cases 24-hour supervised care. Plans are typically built in coordination with the treating physiatrist, neurologist, and neuropsychologist.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
What is a traumatic brain injury for litigation purposes?
For litigation, TBI is typically defined using clinical criteria such as the Glasgow Coma Scale, loss of consciousness, post-traumatic amnesia, and imaging findings, consistent with CDC and American Congress of Rehabilitation Medicine guidance. Severity is generally classified as mild, moderate, or severe, which correlates with expected functional outcomes.
How is earning capacity evaluated after a TBI?
Earning capacity is evaluated by integrating the pre-injury vocational profile (education, training, skills, work history, earnings) with post-injury medical and neuropsychological findings, applying transferable skills analysis and labor market data to determine what occupations remain within the person's residual functional capacity and what those occupations pay in the relevant geographic labor market.
Do mild TBI cases require vocational experts?
Mild TBI cases can require vocational experts when persistent post-concussive symptoms affect occupational performance, particularly in cognitively demanding roles. Not every mild TBI results in vocational loss, which is precisely why an objective evaluation is useful in litigation.
How does a life care planner coordinate with treating physicians in TBI cases?
A certified life care planner obtains recommendations from the treating team (physiatrist, neurologist, neuropsychologist, therapists) and translates those recommendations into a comprehensive, itemized plan of care with projected costs over the life expectancy of the evaluee.
References
Ready to Get Started on life care plan engagements for traumatic brain injury cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.