Traumatic brain injury (TBI) refers to sudden physical trauma to the brain. In many cases, TBI is caused by car accidents or industrial accidents, which sometimes occur due to negligence on the part of one of the drivers, or the employer, respectively. When negligence or wrongful actions lead to injuries or wrongful death, victims and their families are sometimes able to gain compensation. Here are 5 damages you can seek for a traumatic brain injury.
Loss of Earnings
In many instances, victims of severe injuries are not able to return to work for extended periods of time resulting in tens of thousands of dollars in lost wages. Victims of traumatic brain injury may suffer from permanent cognitive and neurological injuries, depriving them of the proper functions needed to work. In such cases, courts will assess the monetary value of the loss of future income.
Victims of moderate to severe traumatic brain injury often require disability care. According to estimates, the lifetime cost of disability care, which may include nursing care, home care, rehabilitation expenses, and transportation costs may run into the millions.
Pain and Suffering
Under the common law system of personal injury litigation, victims of serious injuries are able to receive recovery for the pain and suffering resulting from their injuries from all at fault parties. The exact calculation for the recovery amount differs based on the jurisdiction where the injury took place. In California, awards for pain and suffering are calculated on Per Diem basis.
In rare instances, victims of traumatic brain injury have a right to collect punitive damages from at fault parties. Punitive damages are placed on a defendant or defendants when their actions display either an intent to cause harm or reckless endangerment for the lives of others due to their actions. The purpose of punitive damages is not to award a plaintiff but to punish defendants so that they refrain from further negligent or intentional actions.
Limits on Damages
Many states have limitations on what an injured party and/or family members can recover in a personal injury case. In most cases, damage caps do not affect the actual expenses that a victim has to pay to recover or live with their injuries but they do limit what you can recover for pain and suffering and punitive damages.
Calculating the damages for traumatic brain injury is tricky. Discuss with our experienced attorneys the potential negligence that resulted in your injury, whether a settlement can be reached, or if a personal injury lawsuit may be the right option.