Future Care in a Brain Injury Car Accident Claim

A car accident brain injury claim may seek compensation for future medical care and for lost earning ability. Which of these apply depends on medical proof and work history. This page explains what each category covers and which records support it. A future care brain injury car accident claim rests on your own medical and work records, so starting those records early matters. The firm handles car accident and serious injury claims across West Virginia.

What a Car Accident Brain Injury Claim Can Include

A brain injury claim may seek two main kinds of future loss. They are future medical care and lost earning ability.

Future medical care means the treatment you will likely need after the crash. Lost earning ability means you may earn less over the years because of the injury. Both are losses a claim may seek to recover.

A claim may also address past medical bills, pain and suffering, and other losses. Which of these apply turns on your crash and your medical history.

Traumatic brain injury (TBI) means damage to the brain from a blow or sudden jolt to the head. The Model Systems TBI fact sheet explains that recovery may involve rehabilitation and ongoing treatment. That ongoing treatment is why future care often becomes part of the discussion.

For a broader overview, read the firm’s traumatic brain injury claims overview.

Future Medical Care After a Brain Injury

Future medical care is the treatment a doctor expects you will need after the crash. It goes beyond your first hospital stay.

After a TBI, a physician may recommend follow-up visits with a neurologist. The plan may also include therapy, medications, equipment, or help at home. Therapy might focus on speech, memory, or daily tasks.

The treating doctor’s records carry the most weight here. Look for notes that describe the diagnosis, the recommended plan, and the reason for each part of it. A written statement that explains what care is expected, and for how long, helps connect the crash to that care.

A claim may need both current care and projected care. Current care shows what you need now. Projected care shows what the medical record says may be needed later. Projections are only as clear as the records behind them, so ask your provider to keep written plans up to date. Keeping that file current is a key step in any future care brain injury car accident claim.

Lost Earning Ability Versus Lost Wages

Lost wages are pay you missed because of the crash. Lost earning ability is income you may not be able to earn in the future.

The two often overlap, but they are not the same. Lost wages look back at time away from work after the crash. Lost earning ability looks forward. It asks whether the injury may lower how much you can earn over your working life.

After a brain injury, memory, attention, fatigue, and mood changes can affect work. A person may struggle to finish tasks or keep a steady pace. Some may need fewer hours or a different role, or may miss out on promotions.

A person who can still work in a reduced capacity may still have a claim, depending on the facts. The key question is how the injury changed the job, the hours, and the pay.

Work records help show that change. Useful records include job descriptions, pay stubs, attendance notes, performance reviews, and any written work accommodations. Records from before the crash matter as much as those after it. Without a clear “before” picture, it is harder to show what changed.

Proving Future Care and Lost Earning Ability

Future care and lost earning ability are shown mainly through medical and work records. The records below are the ones that most often matter.

Medical records include:

• emergency and hospital records from the crash
• neurology notes and neuropsychological testing results
• physician statements about future care
• therapy notes

Work and income records include:

• pay stubs and tax returns
• employer records about hours, duties, and changes

Consistent treatment matters. Keeping appointments and describing symptoms the same way at each visit creates a clear record. Gaps in care or unrecorded symptoms may make the story harder to show.

Mild TBI can be difficult to diagnose, and its effects may not be immediately apparent. A brain injury health care review describes this challenge.

Some insurers may dispute how much future care or earning loss a claim involves. Organized records can help answer those questions.

When Brain Injury Symptoms Appear Later

Some brain injury symptoms may not show up until days or weeks after a crash. Headaches, sleep trouble, and trouble concentrating can appear later.

The VA brain injury awareness page notes that TBI can affect thinking, behavior, and daily functioning. Those effects may show up at home and at work, not only in the hospital.

If sleep problems started after your head injury, read about sleep problems after head injury.

Tell your doctor about new symptoms, even if they seem minor at first. Each report adds to the medical record a claim relies on. Describe what you notice, when it started, and how it affects work or daily life.

When a Brain Injury Leads to a Death

When a crash-related brain injury causes death, West Virginia law may allow family members to bring a wrongful death claim. The claim is brought by the personal representative of the person who died.

West Virginia generally requires a wrongful death action to begin within two years after the death, and exceptions may apply. W. Va. Code § 55-7-6 sets out this rule and the damages the claim may include. Those damages may include sorrow, mental anguish, and solace. They may also include the reasonably expected loss of the person’s income and the care the person provided.

A survival claim works differently. W. Va. Code § 55-7-8a provides that causes of action for injuries to the person not resulting in death also survive. If the injured person dies while an action that was begun during their lifetime and within the period permitted by the statute of limitations is pending, the action may be revived for the personal representative. You can read more about a survival action after a fatal crash.

Why the Details of Your Case Matter

The details of your crash, your medical records, and your work history shape what a claim can include. No two claims look the same.

West Virginia uses a modified comparative fault rule. Under W. Va. Code § 55-7-13c, a plaintiff’s fault bars recovery only if it is greater than the combined fault of all others responsible. W. Va. Code § 55-7-13c reads: “(c) Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.” If it is less, recovery is reduced in proportion to the plaintiff’s share of fault.

If another driver was at fault, that driver’s insurer may become involved in the claim. Each party’s role can affect how the claim is handled.

The firm serves brain injury victims across West Virginia, including people in the Charleston area. You can read about traumatic brain injury claims in Charleston.

If you are weighing a future care brain injury car accident claim, your medical and work records are the place to start. If a doctor has described ongoing care, or your job has become harder since the crash, you can request a free case review with the firm. The firm can talk with you about what your records show.