Legally Reviewed by Jason Chambers, JD on September 2, 2026
How Long-Term Care Planning Can Impact Your Personal Injury Claim
Whether you suffered a brain injury due to a car accident, medical malpractice, a fall, or other incident, you may need long-term care, such as assisted living, physical therapy, rehabilitation, and at-home caregiving. When filing a claim, it can be difficult to understand the scope of the damages involved. We help you work through the complexities of the legal process by helping you understand how your long-term care needs affect your brain injury claim.
Brain injuries can range widely in severity, and the type of long-term care a survivor needs often depends on the specific effects of the injury, including physical limitations, cognitive changes, and emotional or behavioral challenges. Because these needs can evolve over months or years, a personal injury claim should account for both the care you require today and the care you are likely to need well into the future.
What Types of Long-Term Care Might a Brain Injury Survivor Need?
Depending on the severity of the injury, long-term care needs after a brain injury may include:
- Skilled nursing or residential care: Some survivors require care in a nursing facility or specialized brain injury rehabilitation center, particularly in the months following the injury.
- In-home caregiving: Others are able to remain at home with the help of a caregiver who assists with daily activities, medication management, and mobility.
- Outpatient therapy: Physical, occupational, speech, and cognitive therapy are common components of ongoing recovery.
- Case management: A case manager may help coordinate medical appointments, therapy schedules, and community resources over the long term.
A policy analysis published by the National Institutes of Health on multidisciplinary rehabilitation access after severe brain injury found that consistent access to coordinated rehabilitation services can improve outcomes and reduce the ongoing need for higher levels of long-term care. This underscores why a well-documented care plan matters both for a survivor’s recovery and for the accuracy of a personal injury claim.
Legal Considerations
If you need long-term care after suffering a brain injury caused by another party’s negligence, having a seasoned lawyer by your side is essential. We help you understand the nuances of these cases, which include the following:
- Proving Fault: To pursue compensation for your long-term care, your claim must show the liable party owed you a duty of care, neglected that duty, and directly caused the accident and your injuries.
- Expert Testimony: To strengthen your claim, we may obtain expert testimony from a medical professional who can provide insight into your brain injury, its cause, and the care you need.
- Future Care: Medical and life care planning experts can help us evaluate the anticipated cost of your long-term care needs so we can incorporate them into our strategy.
- Litigation: Due to the often high value of brain injury claims, we may need to take your claim to court. Our lawyer is prepared to present your case to a judge and jury if necessary.
We want you to be able to regain as much independence as possible after suffering a brain injury, so we work to ensure your claim addresses your long-term care needs.
How a Life Care Plan Supports Your Claim
In many serious brain injury cases, attorneys work with medical and rehabilitation experts to develop a life care plan, which is a detailed projection of the medical treatment, equipment, therapy, and support services a survivor is likely to need over their lifetime. A life care plan generally accounts for factors such as life expectancy, the anticipated progression or stability of symptoms, and the likely cost of care in the survivor’s specific geographic area. This document often becomes one of the most important pieces of evidence in valuing the long-term care portion of a claim.
Damages
If your brain injury requires long-term care, it is essential to consider every detail to calculate future costs accurately. You should not have to pay for treatments associated with an injury someone else caused, so we work to calculate your claim’s worth as accurately as possible. Depending on the type of long-term care you need, you may recover the following costs with the help of Hollis Law Firm:
- Past, present, and future medical bills
- Prescribed medications
- Rehabilitation and physical therapy
- Psychological counseling and therapy
- Assistive medical devices
- Home modifications
- Home care
When calculating your long-term care costs, we listen to your story, understand your needs, and utilize valuable resources to ensure your claim addresses the full extent of your damages. This helps you avoid settling for a lowball offer from insurance companies that may use tactics designed to minimize your claim.
How to Start Documenting Your Long-Term Care Needs
Because long-term care costs can be one of the largest components of a brain injury claim, early documentation matters. It can help to keep a record of every provider you see, every therapy session you attend, and every piece of equipment or home modification you need. Saving receipts, appointment summaries, and notes from your care team gives your legal team a clearer picture of your current needs and helps support projections about what care you may require going forward.
Statute of Limitations for Brain Injury Claims
Every state sets its own deadline for filing a personal injury claim, known as a statute of limitations. Because brain injury symptoms can sometimes take time to fully appear and long-term care needs can take even longer to become clear, it is important to speak with a lawyer as soon as possible after an injury so your claim is filed within the applicable deadline.
Learn More About Long-Term Care Planning and Personal Injury Claims With Hollis Law Firm
The aftermath of suffering a brain injury through no fault of your own can be overwhelming, and you may need long-term care. It can be difficult to know the costs of these needs, and without the help of a lawyer, you risk accepting an unfair settlement. At Hollis Law Firm, we work to ensure your claim addresses the full scope of your long-term care needs.
Our lawyer provides comprehensive legal services to brain injury survivors, using extensive knowledge and skill to advocate for your rights. To learn more about your brain injury claim, fill out our contact form to schedule a free consultation.
Frequently Asked Questions About Long-Term Care Planning for Brain Injury Survivors
What is a life care plan and why does it matter for my claim?
A life care plan is a detailed projection, usually prepared with a medical or rehabilitation expert, of the treatment, equipment, and support services a brain injury survivor is likely to need over their lifetime. It matters because it helps translate ongoing medical needs into a documented estimate that can support the long-term care portion of a personal injury claim.
How do insurance companies typically respond to long-term care claims?
Insurance companies may try to minimize the value of a claim by disputing the necessity or cost of future care, or by offering an early settlement before the full scope of long-term needs is known. Detailed medical documentation and, where appropriate, expert input can help counter these tactics and support a more accurate valuation of your claim.
Can I still recover future medical costs if my brain injury symptoms are still developing?
Yes, in many cases a claim can account for anticipated future costs, not only expenses already incurred. Medical experts can help project how symptoms may progress or stabilize over time, and that projection can be used to support a claim for future medical bills, therapy, and other long-term care costs.
Who pays for long-term care while a brain injury claim is pending?
This depends on your circumstances, including any applicable health insurance, personal injury protection coverage, or other benefits available to you while your claim is pending. An attorney can help you understand what resources may be available and how ongoing care costs may ultimately factor into your settlement or verdict.
How long do I have to file a brain injury claim?
Filing deadlines vary by state and depend on the specific facts of your case, including when the injury occurred and when it was discovered. Because these deadlines are strict, it is best to speak with a lawyer as soon as possible after a brain injury to make sure your claim is filed on time.
About the Attorney
Managing Attorney
Jason Chambers is the managing attorney at Hollis Law Firm, where he represents clients across Kansas and Missouri in personal injury, medical malpractice, and defective drug and device cases, including brain injury claims. His background in biology and pathology informs his approach to the medical and legal complexity of long-term care planning.
