Managing a TBI Victim's Case and Life Care Plans

By Schefman & Associates, PC
Doctor and man with brain concussion examining MRI scan

Even a minor motor vehicle impact can result in a concussion or traumatic brain injury (TBI). Under Michigan law, a TBI can qualify as a serious impairment of body function, which is a critical threshold to bring suit against an at-fault driver. TBI symptoms could include light sensitivity, difficulty reading or comprehending, dizziness, headache, or sudden irritability with loved ones, or sensitivity to loud noises. If you have these symptoms following a collision, call us for a free consultation.

When we take on a TBI case at Schefman & Associates, PC, we recognize that TBIs can vary greatly in severity — from mild concussions to severe brain trauma that causes permanent disability; from subtle cognitive impairments to significant processing, mental, and physical disabilities. We focus on the complete picture because damages need to be understood as impacting the victim long into the future in many different areas of life and human function. 

Throughout Oakland, Wayne, Macomb, and Washtenaw Counties, Schefman & Associates, PC, has helped scores of victims of TBI face the new normal, which can present not only physical and emotional challenges but also long-term financial burdens that require careful planning, and these elements must be managed and presented in the damage case. Please reach out today for help with your TBI and life care concerns following a motor vehicle crash.

Michigan Law and the Rights of TBI Victims

Michigan law provides strong protections for TBI victims, especially under the state’s No-Fault insurance system. For auto-related injuries, victims can claim benefits that cover medical expenses, rehabilitation costs, and lost income. 

However, when a TBI results from negligence — such as a distracted driver or a drunk driver — victims can pursue damages through a personal injury lawsuit.

In such cases, we work to prove that another party’s negligence directly caused the injury and show how the injury has permanently altered the victim, and navigate the new normal in the ability to work, communicate, or live independently.

At Schefman & Associates, PC, our experience in TBI cases allows us to build the strongest case for justice, using medical experts who can assist and guide the victim, provide testimony, and we obtain detailed life care assessments, which plan for the future care needs of a victim.

These elements form the foundation for both liability and damages, allowing us to maximize the compensation that accurately reflects the victim’s long-term needs.

The Importance of Life Care Plans in TBI Cases

A life care plan is one of the most critical components in any TBI-related personal injury case. It serves as a roadmap for the victim’s ongoing medical and personal needs. This plan outlines the future costs of treatment, therapy, assistive devices, home modifications, and in-home care — often projected over decades.

In Michigan, courts and insurers rely on life care plans to assess damages in personal injury cases involving catastrophic injuries. Without one, it’s nearly impossible to demonstrate the full scope of future financial loss. 

We work closely with medical professionals and rehabilitation specialists to develop comprehensive life care plans tailored to each client’s condition.

These plans not only help establish the value of the claim but also give families peace of mind. Knowing that future medical needs have been anticipated allows victims to focus on recovery rather than financial uncertainty.

How We Build a Strong TBI Case

Every TBI case we handle follows a detailed and strategic process. We know that personal injury litigation can be emotionally and financially draining, so we focus on clarity, preparation, and precision.

Here’s the single list we rely on when managing TBI cases:

  1. Initial consultation and case evaluation: We review the facts, medical records, and circumstances of the injury to determine legal options under Michigan’s personal injury statutes.

  2. Comprehensive medical review: We obtain diagnostic tests, neurology reports, and neuropsychological evaluations to understand the full extent of the injury.

  3. Life care planning: We work with medical and economic professionals to estimate lifetime costs, including care, therapy, and loss of earning capacity.

  4. Evidence gathering: This includes witness interviews, accident reconstruction, surveillance, and documentation of the victim’s daily challenges.

  5. Negotiation and litigation preparation: We prepare each case as if it will go to trial, strengthening our position during settlement discussions.

  6. Ongoing client support: We keep communication open with clients and their families to make informed decisions throughout the process.

Each of these steps is essential to achieving fair compensation and justice under personal injury law. We believe that meticulous preparation not only strengthens our cases but also helps families regain stability during one of the most difficult periods of their lives.

Proving Damages in a TBI Case

In Michigan, proving damages in a personal injury case may involve demonstrating both economic and non-economic losses. Economic damages include measurable financial losses such as medical bills, rehabilitation costs, and lost wages. Non-economic damages, on the other hand, compensate for pain and suffering, emotional distress, and loss of enjoyment of life.

Because TBIs often result in lifelong impairments, calculating these damages requires more than just adding up medical receipts. 

We work with economic experts who can project future care costs, inflation adjustments, and potential income loss over time. This evidence helps the jury understand the true magnitude of the injury’s impact.

We also highlight the human element. TBI victims may lose independence, relationships, or the ability to pursue activities they once enjoyed. These non-economic factors are just as real as medical expenses or lost wages, and Michigan's injury law allows each aspect to be fully compensated.

Life Care Plans as a Legal Tool

Life care plans aren’t just medical documents; they’re powerful legal tools. They give juries and insurers a clear, structured view of the victim’s future. A well-prepared life care plan can bridge the gap between medical testimony and financial recovery, presenting the jury with a picture it can understand.

At Schefman & Associates, PC, we integrate the life care plan directly into our personal injury case strategy. It supports claims for both economic and non-economic damages, demonstrating why the requested compensation is reasonable and necessary under Michigan law.

Life care plans also guide discussions to resolve a case. When opposing counsel or insurance companies see a detailed projection of future costs supported by medical evidence, they’re less likely to undervalue the claim. This approach has allowed us to secure meaningful recoveries for many TBI victims and their families, recoveries that can sustain the family for a lifetime.

Coordinating Medical and Legal Efforts

In TBI cases, coordination between medical treatment and legal action is crucial. While doctors focus on recovery, we focus on preserving evidence and protecting our clients’ rights. We make sure medical documentation aligns with the legal requirements for establishing liability and damages.

For example, Michigan law requires medical evidence to demonstrate that the injury constitutes a “serious impairment of body function.” This requires us to maintain close collaboration between legal and medical efforts, building a stronger case and helping the client access the care they need as the case progresses.

Helping Families Cope With the Long-Term Impact of TBI

Traumatic brain injuries don’t just affect the individual — they reshape entire families. We often see spouses, children, and parents take on caregiving roles, facing emotional strain. Part of our commitment at Schefman & Associates, PC is to support these families through every stage of the case and recovery process.

Through litigation, we fight for compensation that enables families to hire professional caregivers, modify their homes, and access rehabilitation services without compromising their financial stability.

Our understanding of the law allows us to connect families with community resources and medical providers while pursuing compensation. We recognize that a successful legal outcome is about more than a settlement figure — it’s about rebuilding lives.

Call for Help Building a Lifelong Path Toward Recovery

A traumatic brain injury can change everything in an instant, but with the right legal guidance, victims and their families can rebuild their lives. At Schefman & Associates, PC, TBI victims have the power to pursue full compensation for both current and future damages.

At Schefman & Associates, PC, we take pride in helping clients create life care plans that reflect their true needs — physically, emotionally, and financially. Through dedication and compassion, we strive to bring stability back into their lives.

Every personal injury case we handle is more than a legal challenge; it’s a human story of resilience and recovery. Our mission is to make sure those stories end with hope, justice, and the security our clients need to move forward. We’re proud to serve clients in Michigan, throughout Oakland, Wayne, Macomb, and Washtenaw Counties. Call or Text today; WE CAN HELP.