Planning for a Lifetime: Life Care Plans in Virginia Brain Injury Claims

A life care plan is a written list of the services a seriously injured person may need over their lifetime. In a brain injury claim, it turns many scattered medical recommendations into one organized document. This guide explains what a plan includes, who prepares it, and how it fits into a claim in Virginia. Correll Law Firm represents people hurt in car and commercial truck crashes, with offices in Winchester and Harrisonburg.

What a Life Care Plan Is

A life care plan itemizes the medical care, therapy, personal care and other support a person may need. It looks forward. It separates needs that already exist from needs the records show are likely to come later.

Brain injuries vary widely. A traumatic brain injury from a vehicle crash can be moderate to severe. The Brain Injury Association of America notes these injuries can affect physical abilities, relationships, home life, employment and recovery. Because effects can change over time, a plan gives those needs a clear, readable form.

For an overview of these claims, see the firm’s guide to traumatic brain injury claims.

Who Prepares the Plan and What It Is Built On

A life care planner is an outside professional who gathers medical information and organizes it into a plan. The planner does not treat the injured person. The planner works from the records.

Those records usually include hospital and emergency notes, physician and rehabilitation recommendations, neuropsychological testing, and a description of the person’s current condition and daily functioning. The plan reflects that medical history as documented when it is prepared. If the condition changes, the plan may need updating.

Symptoms do not always appear right away. The Brain Injury Association of America reports that symptoms after a car crash may be delayed or masked during an emergency room exam. Patients should report new or worsening problems to their health care providers. Later visits often become part of the record. For the kinds of records that support a plan, see the firm’s guide to records to keep after a brain injury.

Medical Care, Therapy and Medications Included in a Plan

A plan lists the medical services that treating providers recommend. Common medical categories include:

• Physician follow-up visits
• Neurology and neuropsychology visits
• Prescribed medications
• Diagnostic testing
• Ongoing monitoring that a provider has recommended

Rehabilitation is often a large part of the plan. Categories can include physical therapy, occupational therapy, speech-language therapy and cognitive therapy. Each entry is based on what the records show a provider has recommended.

Each line usually shows how often a service is expected. That frequency comes from the provider’s recommendation. The plan does not predict how fast a person will recover. It shows what the records support now.

Attendant Care, Daily Living Support and Supervision

Attendant care means hands-on help with daily tasks. Supervision means another person watches over the injured person’s safety. Both can appear in a plan.

A brain injury can affect memory, judgment, mobility or behavior. Because of this, a person may need help with bathing, dressing, meals, medication management and household tasks. The plan lists these needs only when the records document a limitation.

Supervision is often listed separately from hands-on care. Some brain injuries call for monitoring rather than physical help. Reminders, planning help and safety checks may not show up on a routine physical exam. Families often notice these needs first, so the plan should describe them clearly.

Equipment, Home Modifications and Transportation

Equipment and home changes can appear in a plan when the records support them. Examples include durable medical equipment, mobility aids, adaptive devices and communication tools.

Home modifications may also be listed. These are changes that make a home easier and safer to use after an injury. A plan may include them when the injured person’s records show a need.

Transportation can be part of the plan too. This may include accessible transport to medical appointments. Questions about driving often come up after a brain injury. The firm’s guide to driving after a brain injury covers how those questions are raised.

Work, Vocational Needs and Daily Life Over Time

A plan may include a vocational assessment or job retraining. This happens when records show the injury affects the ability to work.

Needs can also change over time. Providers may record changes in cognitive function or a need for care as a person ages. The plan can reflect those updates as the records change.

The plan describes documented needs. It does not state how much a person’s future work or income will change. In Virginia, provable damages for lost income due to injury are not reduced because of reimbursement from another source (Va. Code § 8.01-35).

How a Life Care Plan Fits Into a Brain Injury Claim

A life care plan helps describe future needs clearly. Insurers, courts and others involved in a claim can read it and see what the injured person may need.

A plan is evidence of needs. Its support comes from the records and professional recommendations behind each line item. A plan with no medical basis carries little weight. A plan that ties each item to a record is easier to follow.

Which future needs can be pursued under Virginia law depends on the facts of each claim. The plan is one part of documenting them. Timing also matters. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions.

Frequently Asked Questions