Who Pays for Brain Injury Treatment After an Accident in Ohio?

You survived a serious accident. The doctors say you have a traumatic brain injury. Now the bills are starting to arrive, and they’re stacking up fast.

Emergency room visits. CT scans. MRIs. Neurology consultations. Physical therapy. Cognitive rehabilitation. Maybe even surgery. The costs are overwhelming, and you’re wondering one simple question: Who is going to pay for all of this?

The answer depends on how the accident happened, who was at fault, and what insurance coverage is available. Here’s what you need to know if you’re facing brain injury treatment costs after an accident in Ohio.

How Expensive Is Brain Injury Treatment?

Brain injuries are among the most expensive injuries to treat. The CDC estimates that TBI-related care costs the United States over $76.5 billion annually. On an individual level, research from Northwestern University puts lifetime treatment costs between $85,000 for mild TBIs and over $3 million for severe cases.

Those numbers cover medical care alone. They don’t include lost wages, reduced earning capacity, or the cost of in-home assistance. When you factor everything in, the financial burden of a brain injury can be staggering.

Understanding who is legally responsible for these costs is critical to protecting your family’s financial future.

The At-Fault Party’s Insurance: Your Primary Source of Compensation

If someone else caused the accident that led to your brain injury, their insurance is typically responsible for covering your damages. This is true whether the accident was a car crash, a slip and fall, a workplace incident, or any other situation where another party’s negligence caused your injury.

In Ohio, all drivers are required to carry liability insurance. When an at-fault driver’s negligence causes your brain injury, you can file a claim against their auto liability policy to recover compensation for:

• Medical expenses (past and future)
• Lost wages and future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

The problem? Insurance companies don’t make this easy. Adjusters will scrutinize your medical records, question the severity of your injury, and look for any reason to reduce or deny your claim. Brain injuries are particularly vulnerable to this because they’re often called “invisible injuries.” Standard imaging tests may appear normal even when a patient is dealing with serious cognitive and emotional symptoms.

That’s why having an experienced personal injury attorney on your side can make all the difference.

What Happens When Insurance Isn’t Enough?

Here’s a harsh reality: the at-fault party’s insurance policy may not be large enough to cover your brain injury costs. Ohio’s minimum liability coverage for bodily injury is just $25,000 per person. For a severe TBI that requires years of treatment, that amount barely scratches the surface.

When the at-fault driver’s coverage falls short, you have several options.

Underinsured/uninsured motorist coverage (UM/UIM). If you carry UM/UIM coverage on your own auto insurance policy, it can help bridge the gap between the at-fault driver’s policy limits and your actual losses. This is one of the most valuable types of coverage you can have, and it applies in situations where the other driver has no insurance or not enough insurance.

Medical payments coverage (MedPay). Some Ohio auto policies include MedPay, which covers medical expenses regardless of who caused the accident. It’s usually a smaller amount, but it can help with immediate costs while your claim is being processed.

Health insurance. Your own health insurance can cover brain injury treatment, but your insurer may seek reimbursement later through a process called subrogation if you receive a settlement from the at-fault party.

Filing a personal injury lawsuit. If insurance claims don’t produce a fair result, you have the right to file a lawsuit against the at-fault party directly. Under Ohio Revised Code § 2305.10, you have two years from the date of the accident to take legal action.

Who Pays If the Accident Happened at Work?

If your brain injury occurred on the job, Ohio’s workers’ compensation system is typically the first source of coverage. Workers’ compensation can pay for:

• Medical treatment related to your injury
• A portion of your lost wages (usually about two-thirds of your average weekly pay)
• Permanent disability benefits if your brain injury causes lasting impairment

Workers’ compensation covers these costs regardless of who was at fault. You don’t have to prove that your employer was negligent to receive benefits.

However, workers’ comp has significant limitations. It does not cover pain and suffering, emotional distress, or full lost wages. If a third party, such as a negligent contractor, equipment manufacturer, or another driver, contributed to your injury, you may also have a personal injury claim against that party. This can help you recover the full range of damages that workers’ compensation doesn’t cover.

Who Pays If You Were a Pedestrian, Cyclist, or Passenger?

If you suffered a brain injury as a pedestrian, cyclist, or passenger in someone else’s vehicle, the at-fault driver’s liability insurance is still the primary source of compensation. You weren’t driving, so comparative fault arguments are often weaker in these situations.

If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage (if you have an auto policy) may still apply, even if you weren’t in your own car at the time of the accident. This is an important detail that many people don’t realize.

Who Pays If the Accident Was on Someone Else’s Property?

Brain injuries from slip and fall accidents, falling objects, or unsafe premises conditions fall under premises liability law. In these cases, the property owner or occupier may be legally responsible for your treatment costs.

Businesses, landlords, government entities, and homeowners all have a duty to maintain reasonably safe conditions on their properties. If they failed in that duty and you suffered a brain injury as a result, their liability insurance should cover your damages.

These cases can be complicated. Property owners will often argue that you were at fault for not watching where you were going, or that the hazard was “open and obvious.” Having an attorney who knows how to counter these defenses is critical.

Don’t Wait to Get Help: Why Timing Matters

Ohio’s two-year statute of limitations puts a hard deadline on your ability to take legal action. But there are practical reasons to act much sooner.

Evidence disappears. Surveillance footage gets deleted. Witnesses forget details. Accident scenes change. The earlier you contact an attorney, the better your chances of preserving the evidence that proves your case.

Medical documentation matters. Gaps in your medical treatment give insurance companies ammunition to argue that your brain injury isn’t serious. Follow your doctor’s treatment plan and keep records of every appointment, prescription, and therapy session.

Early legal guidance protects you. Insurance adjusters may contact you shortly after the accident and try to get a recorded statement or push a quick settlement. Anything you say can be used to undermine your claim. An attorney can handle those conversations for you.

How The Jones Firm Can Help You Get Your Treatment Covered

At The Jones Firm, we understand that brain injury patients need answers now, not months from now. Attorney Geoff Jones has spent over a decade helping Ohio families navigate the aftermath of serious injuries.

We can help you identify every source of coverage available to you, negotiate with insurance companies on your behalf, and pursue a lawsuit if that’s what it takes to get your treatment costs covered. We can also work to arrange medical treatment while your case is pending, so you’re not forced to delay the care you need.

The consultation is free. There are no upfront fees. You only pay if we recover compensation for you.

If you or a loved one is struggling with brain injury treatment costs after an accident in Ohio, don’t face the insurance companies alone.

Call or contact us online to schedule your free case evaluation today.

For additional support and resources, the Brain Injury Association of Ohio offers a HELPline at 1-833-783-1495, connecting brain injury survivors and their families with education, support groups, and community services across the state.