Brain Injury Damages
The effects of a brain injury can be devastating, often permanently affecting the lives of victims and their families. When a brain injury results from someone else's negligent or willfully wrongful actions, victims and their families are eligible to pursue damages against the responsible party or parties. Depending on the nature of the injury, victims may be compensated for pain and suffering, lost wages, medical expenses, and other financial and emotional losses.
Factors in Determining Damages
Factors that can affect a brain injury case include:
The Nature and Extent of the Injury
In gauging the amount of compensation to which a victim is entitled, personal injury attorneys will consider:
- The type of injury: open vs. closed brain injuries, traumatic brain injuries (TBI)
- The severity and permanence of the injury: whether the injury caused long-term or permanent brain damage, disability, disfigurement, or deformity
The Victim’s Losses
The extent of a victim’s physical, financial, emotional, and psychological losses is considered in determining appropriate damages.
Who Is at Fault for the Injury
Each state has its own laws regarding proving fault in a brain injury claim.
Brain Injury Settlements
In most states, brain injury victims and their families are usually able to recover compensation for:
Medical Expenses
If found liable, the defendant may be required to cover:
- Current (and possible future) hospital expenses
- Medical bills
- Rehabilitation
Loss of Earnings and Decreased Earning Capacity
Many brain injury victims are compensated for the income they lost while in the hospital (lost earnings) as well as income they would have been able to earn in the future had they not been injured (decreased earning capacity).
Pain and Suffering
A brain injury victim may be compensated for his or her physical, emotional, and psychological pain and suffering, including:
- Trauma
- Disfigurement
- Mental anguish
- Loss of enjoyment of life
Learn about notable brain injury settlements
Find a Brain Injury Lawyer near You
If you or a member of your family has suffered a traumatic brain injury, you are encouraged to contact a qualified personal injury attorney as soon as possible for an evaluation of your case. Use LawyerShop to locate an experienced brain injury lawyer in your area.