Workers' Comp LCP applied to traumatic brain injury litigation: methodology, deliverables, and case-specific considerations.
TBI plans typically address physiatry and neurology follow-up, neuropsychological re-evaluation at defined intervals, cognitive rehabilitation, speech-language and occupational therapy, medications for seizures, headache, mood, and sleep, assistive technology for memory and organization, case management, home safety modifications, transportation, and attendant care or supervision. In moderate-to-severe injury the plan addresses 24-hour supervision, behavioral support, and residential or supported-living options when family caregiving is not sustainable.
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Once the injury has stabilized enough for the treating team to describe long-term needs, typically after acute rehabilitation and an initial neuropsychological evaluation. Retaining before those data exist produces a plan that has to be substantially revised.
Sometimes. Persistent post-concussive symptoms can require ongoing therapy, medication, and periodic specialist follow-up. The planner documents what the treating providers actually recommend rather than assuming a level of care from the diagnosis alone.
Supervision and attendant care are expressed in hours per day by level of service, based on functional assessment and the treating team's recommendations. The plan states who provides the care, at what rate, and whether family-provided care is valued at market rates in the jurisdiction.
The neuropsychological evaluation identifies the cognitive and behavioral deficits; the planner translates those findings into specific services, frequencies, and durations, and confirms the recommendations with the treating providers before costing them.
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