What is Considered Long-Term Care in a Personal Injury Case?
When a serious personal injury occurs, the aftermath can leave victims facing significant changes to their daily lives. In some cases, these changes include the need for long-term care. But what exactly constitutes “long-term care” in the context of a personal injury case, and how is it factored into a claim? Let’s explore this critical aspect of personal injury law.
Defining Long-Term Care
Long-term care refers to a range of services and support designed to meet a person’s ongoing medical and personal needs when they are unable to perform daily activities independently. Unlike short-term treatments aimed at recovery, long-term care focuses on maintaining a person’s quality of life over an extended period of time—often for months, years, or even a lifetime.
In personal injury cases, long-term care may be required due to:
- Severe traumatic brain injuries (TBI),
- Spinal cord injuries leading to paralysis,
- Catastrophic burns,
- Amputations,
- Chronic pain conditions, and
- Permanent mobility issues or cognitive impairments.
Types of Long-Term Care Services
Depending on the injury and its impact, long-term care can involve:
- Medical care, including ongoing treatments, surgeries, or therapies, prescription medication, and regular visits with specialists (such as neurologists or orthopedic surgeons).
- Rehabilitative therapies, including physical therapy to maintain mobility and strength, occupational therapy to regain or adapt to daily skills, and speech therapy for communication impairments.
- Personal and custodial care, including assistance with daily activities like bathing, dressing, or eating, and home health aides or professional caregivers.
- Residential care, including placement in nursing homes, assisted living facilities, or rehabilitation centers for full-time care.
- Mental health support, including counseling for emotional and psychological challenges resulting from the injury.
Assessing the Need for Long-Term Care in a Claim
Determining whether long-term care is necessary involves a comprehensive evaluation of the injured person’s condition and prognosis. A key factor in determining if long-term care is truly needed is the medical evidence present in a specific case. Experts often examine this evidence and provide opinions on the extent of a person’s injuries and the anticipated need of care. “Experts” may include doctors, specialists, and therapists.
Another main tool in assessing whether or not a victim needs long-term care is life care planning. A life care plan is often developed by a healthcare professional to project the long-term costs and needs of the injured person.
Compensation for Long-Term Care
In a personal injury case, compensation for long-term care can be a significant component of the damages sought. This typically includes:
- Past and future medical expenses,
- Costs of caregivers or facilities,
- Modifications for accessibility, and
- Loss of earning capacity.
Why Long-Term Care Matters in Personal Injury Cases
Accurately assessing the need for long-term care is essential to ensuring victims receive adequate compensation. Without this, the injured party risks being undercompensated and left to shoulder enormous financial and emotional burdens in the future.
If you or a loved one has suffered a serious injury and may require long-term care, consulting with an experienced personal injury attorney can make all the difference. A skilled lawyer will help quantify these needs, advocate for proper compensation, and secure the resources necessary for a better quality of life.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.