Home and Vehicle Modifications After a Serious Injury

A catastrophic injury can change the way a person moves through the world. Someone who once walked up a flight of stairs without thinking about it may suddenly need a wheelchair ramp or stair lift. A person who drove to work every day may no longer be able to operate a standard vehicle without hand controls, a wheelchair lift, or other adaptive equipment.

These changes can be expensive. Some modifications may cost thousands of dollars at the beginning, while others require ongoing maintenance, replacement, upgrades, or eventual rebuilding as a person’s needs change. For someone who has suffered a permanent disability because of another party’s negligence, these costs can become a significant part of the financial burden created by the injury.

At Kalfayan Merjanian, LLP, we recognize that the cost of a catastrophic injury is not limited to hospital bills and doctor visits. A serious injury may require changes to the person’s home, vehicle, work environment, and daily life. We work to identify both current and anticipated expenses so that a personal injury claim accounts for the long-term consequences of a permanent injury.

What Kinds of Changes to a Home Are Required After a Serious Injury?

The modifications needed will depend on the nature and severity of the injury. Someone with a spinal cord injury, traumatic brain injury, amputation, severe orthopedic injury, or permanent mobility impairment may have difficulty using a home that was designed for a person without those limitations.

Common home modifications can include:

• Ramps, threshold changes, and accessible entrances
• Stair lifts or residential elevators
• Widening doorways to accommodate a wheelchair
• Accessible bathrooms with roll-in showers, grab bars, lowered fixtures, and specialized toilets
• Lowered kitchen counters and accessible appliances
• Modified bedroom layouts and accessible closets
• Changes to flooring and other surfaces to make movement safer
• Handrails and other mobility or safety equipment
• Automated doors, lighting, or other assistive technology
• Modifications to outdoor areas, garages, or pathways

Not every injured person needs all of these changes. In some cases, relatively modest alterations may allow a person to remain safely in an existing home. In other cases, extensive remodeling may be necessary.

When Is a Person’s Existing Home No Longer Suitable?

Some catastrophic injuries create accessibility problems that cannot be solved through a few inexpensive modifications. A person may need substantial structural changes to make the home usable or safe.

For example, a wheelchair user may need a bedroom and bathroom on the same floor because stairs are no longer practical. A narrow hallway or doorway may make it impossible to reach certain rooms. A standard bathtub may be unusable even with assistance. An individual with severe balance or mobility problems may need substantial changes throughout the house to reduce the risk of additional falls.

In some circumstances, purchasing a different home that is more appropriate for the person’s disability may be more practical than extensively remodeling the existing property. Determining what is reasonably necessary requires consideration of the person’s medical condition, functional limitations, rehabilitation needs, and living circumstances.

The objective is not to provide an unnecessary upgrade to someone’s home. It is to determine what changes are reasonably necessary because of the injury.

What Vehicle Modifications May Be Necessary After a Catastrophic Injury?

Driving can present another major challenge after a serious injury. A person who can no longer use conventional pedals may need hand controls. Someone who cannot transfer from a wheelchair independently may need a wheelchair lift or ramp. Other individuals may require specialized seating, steering modifications, or electronic controls.

Common vehicle adaptations can include:

• Hand controls for acceleration and braking
• Steering devices or modified steering systems
• Wheelchair ramps and lifts
• Wheelchair-accessible vans
• Modified seating systems
• Transfer equipment
• Electronic or voice-activated controls
• Specialized braking or acceleration systems
• Roof or interior modifications to accommodate mobility equipment

The appropriate solution depends on the person’s physical abilities, vehicle, and anticipated long-term needs. An occupational therapist, driving rehabilitation professional, or other qualified specialist may be needed to evaluate what adaptations are appropriate.

The initial cost of adapting a vehicle is only one part of the potential expense. Wheelchair-accessible vehicles and specialized equipment may require maintenance, repairs, replacement parts, and eventual replacement.

The vehicle itself may also need to be replaced more frequently or with a different type of vehicle because of the person’s disability. A person who needs a wheelchair lift, for example, may require a vehicle large enough to accommodate both the equipment and the passenger. The person’s transportation needs may also change over time.

A long-term damages analysis therefore should not necessarily stop with the invoice for the first vehicle modification. It may need to consider the anticipated cost of maintaining and replacing adaptive equipment and vehicles throughout the person’s expected lifetime.

How Much Do Home and Vehicle Modifications Cost?

The answer can vary dramatically based on the person’s injury and the level of adaptation required. A relatively simple ramp or bathroom modification can have a very different cost from a major home renovation involving structural changes, an elevator, or extensive accessibility work.

Vehicle costs likewise vary depending on whether an existing car can be adapted or whether an accessible vehicle must be purchased. Complex mobility equipment can add significant expenses to both the initial purchase and long-term ownership.

There is no single price that applies to a catastrophic injury case. The important issue is identifying the modifications that are reasonably necessary for the particular person’s disability and calculating their reasonable costs.

Should Future Home Modification Costs Be Included in a Personal Injury Claim?

California recognizes damages for future losses when the evidence establishes that future expenses are reasonably certain to occur. California’s current civil jury instructions specifically allow recovery for the reasonable cost of reasonably necessary future medical care when the plaintiff is reasonably certain to need it. The broader damages analysis in a serious personal injury case can likewise account for future consequences of the injury when they are supported by competent evidence.

For a catastrophic injury, future accessibility needs can be an important part of evaluating the person’s economic losses. A person who will permanently use a wheelchair may reasonably require a modified bathroom, accessible transportation, and other adaptations for many years.

The fact that the precise cost of a future modification cannot be known down to the dollar does not necessarily prevent it from being considered. California courts recognize that future damages involve reasonable predictions about expenses that have not yet been incurred.

What Is a Life Care Plan and Why Is it Important in Catastrophic Injury Cases?

A life care plan is a dynamic document detailing an individual’s current and future medical, psychological, and daily living needs. It maps out the specific frequency, duration, and cost of every required item across a person’s expected lifespan.

A life care plan can help organize the extensive future needs created by a permanent injury. Depending on the case, a life care planner may evaluate future medical treatment, rehabilitation, equipment, attendant care, home modifications, transportation, and other services.

The value of such an analysis is that it looks beyond today’s expenses. A person who has just left the hospital may not yet have encountered every accessibility problem that will arise over the course of decades.

For example, a person may initially live with family members while recovering. Later, that arrangement may no longer be practical. The person may need a modified residence, additional adaptive equipment, or changes to an existing home. A comprehensive assessment can help identify these foreseeable needs before a case is resolved.

What Happens When Modifications Need to Be Replaced?

Permanent injuries can create expenses that recur rather than occur just once. Wheelchairs and other mobility equipment wear out. Vehicle adaptations can require repair or replacement. Technology may become obsolete. A person’s physical condition can also change, making an earlier modification inadequate.

Home modifications can similarly require maintenance. Mechanical lifts, automatic doors, accessibility equipment, and other systems may need servicing or replacement.

These recurring expenses can be easy to overlook when calculating a settlement because they may not appear on the injured person’s current medical bills. A long-term damages analysis should consider whether the person is likely to incur these costs in the future and, where appropriate, estimate their frequency and expected cost.

What If the Person’s Needs Change as They Age?

A catastrophic injury is not necessarily a static condition. Someone may have different accessibility needs at age 30 than at age 70. Aging can create additional mobility limitations even when the underlying injury has remained unchanged.

That does not mean every possible future expense should automatically be included in a claim. Future damages must be supported by evidence. But when medical and rehabilitation professionals can explain why particular adaptations are reasonably likely to become necessary, those anticipated costs may be important to the overall damages calculation.

A thorough evaluation should therefore consider not only the person’s present condition but also how that condition is expected to affect daily living in the future.

How Can Home Modifications Affect the Family?

The consequences of a catastrophic injury extend beyond the injured person. Family members may need to help with transportation, bathing, dressing, household tasks, and other activities. They may also need to alter their own living arrangements to accommodate accessibility needs.

Some families face significant costs simply because a home that once worked for everyone is no longer functional. Bedrooms may need to be relocated. Bathrooms may need to be remodeled. Entrances may need to be rebuilt. A garage may need to be converted to accommodate specialized transportation equipment.

The family may also face ongoing expenses associated with maintaining these adaptations. Those costs should not automatically be dismissed as ordinary household expenses when they exist because of a disabling injury.

How Are These Costs Proven in a Personal Injury Case?

A catastrophic injury claim needs evidence connecting the proposed modification to the injury and establishing that the modification is reasonably necessary.

Medical records can explain the person’s physical limitations. Rehabilitation professionals can evaluate functional needs. Occupational therapists may recommend particular accessibility changes. Contractors can provide cost estimates for construction work. Vehicle modification professionals can estimate the expense of adaptive equipment. Life care planners and economists may help evaluate costs that will recur over many years.

The evidence should tell a coherent story: what the injury prevents the person from doing, what modification is necessary to address that limitation, what it will cost, and whether the expense will recur.

This level of analysis is particularly important in a case involving substantial future damages. California courts emphasize that future expenses must be supported by evidence establishing that the future harm or expense is sufficiently probable, even though future costs cannot be known with mathematical precision at the time of trial.

Why Should Home and Vehicle Modifications Be Considered Before a Settlement?

A settlement is generally intended to resolve the claims being asserted. For someone with a permanent disability, accepting a settlement without understanding future needs can create serious financial problems later.

An injured person may initially focus on current medical expenses and lost wages while overlooking the costs that will arise years from now. Once a case has been resolved, however, obtaining additional compensation for foreseeable expenses that were not adequately accounted for may not be possible.

The California court system advises people with serious or long-term injuries to consider ongoing treatment and future problems when evaluating a personal injury claim. It also notes that legal assistance can be particularly important when an injury is severe or long-term or when the potential damages are substantial.

That is why future accessibility needs should be evaluated before determining what constitutes a fair settlement.

How Can Kalfayan Merjanian, LLP Help Evaluate These Future Costs?

At Kalfayan Merjanian, LLP, we understand that a catastrophic injury can transform nearly every aspect of a person’s daily life. When someone needs a wheelchair-accessible home, adaptive vehicle, or other modifications because of an injury caused by another party, those needs deserve careful consideration as part of the damages analysis.

We work to understand the client’s present limitations and anticipated future needs and, when appropriate, consult with medical, rehabilitation, life-care-planning, construction, transportation, and economic professionals. This allows us to evaluate not only what has already been spent, but also what the person may reasonably need over the course of his or her life.

Our goal is to pursue compensation that reflects the full consequences of a catastrophic injury, including the practical changes required to live as safely and independently as possible.

Contact Kalfayan Merjanian, LLP About a Catastrophic Injury

Home and vehicle modifications can become some of the most significant long-term expenses associated with a permanent injury. Ramps, accessible bathrooms, stair lifts, specialized vehicles, wheelchair lifts, adaptive driving equipment, and other modifications may be necessary initially and may need to be repaired or replaced over time.

Those expenses should not be overlooked when evaluating a personal injury case. Kalfayan Merjanian, LLP represents California residents who have suffered catastrophic injuries and need compensation for the long-term consequences of those injuries. Contact our firm to discuss your circumstances and learn how we can help evaluate the costs of your current and future needs.