Traumatic brain injuries are severe injuries caused mainly by blunt trauma to the head, requiring extensive and expensive medical care. Common causes for these injuries are car accidents, falls, violence, etc. When you suffer from TBI, your life completely changes. One might suffer from changes in speaking, cognitive, and motor skills. It might affect your mental state too.
Also, according to CDC, if you look at the statistics, there has been a rise in TBI-related hospitalization. In 2019, there were around 223,135 hospitalizations for TBI, and in 2020, there were 64,362 TBI-related casualties. Since brain injury hugely affects the victim’s life, TBI cases claim to have high settlement value. If you have suffered a traumatic brain injury, get in touch with traumatic brain injury attorneys, as they will help you effectively present your case and get the compensation you rightly deserve. Getting compensation also provides you with financial support.
Factors To Consider When Calculating Damages
When calculating the losses, consider the following factors:
- Medical bills: Your compensation depends on your medical expenses and bills. These include all the medical records such as MRIs, hospital stays, CT scans, emergency room visits, etc.
- Loss of earning capacity and income: You might not be able to work to your full potential and have to take a less demanding job due to complications from your injuries. Or you might not be able to go back to work. To calculate the estimated amount, your lawyer will work through all the wages you lost, how much money you will require as lifetime wage, and get you a high compensation.
- The lifecare cost: You might be entitled to lifetime care compensation if you have suffered severe injuries. In these cases, you require medicines or physical therapy, or you might need help with your daily activities. Brain injuries can take years to resolve fully. So, keeping this in mind, the lawyer considers all the expenses and then decides on a sum.
- Non-economic damage: Apart from the physical damage that you face, you also get compensated for the emotional suffering and pain. TBI can affect not only your physical health but also your psychological well-being. Also, when the victims cannot do things that they earlier used to can negatively affect their mental health. These losses include loss of reputation, companionship, etc.
- Hedonic damage: Another factor is that TBI can lead to depression too. It has serious side effects, and the victims might not be able to return to their life the way it was before. However, it might be challenging to prove these non-economic damages, but a lawyer works through all the ins and outs of the case.
- Punitive damage: The court gives punitive damage if the injury is due to the reckless behavior of the negligent party. These punitive damages act as a punishment for the negligent party and serve as an example for others from participating in wrongful conduct and actions. Ton understands it better; for instance, if you are involved in an accident due to a faulty car part, and if the manufacturers knew about the defective part and did not recall the parts or inform the customers, they will be punished.
Summing up, traumatic brain injury has long-lasting mental and physical impairment. When you suffer from the negligence of others, then you can file for compensation, and you will require a competent representation. An experienced lawyer will work with your doctors’ authorities to get the total compensation and the right amount to ensure you get what you are entitled to.