A head injury may be minor or traumatic. A head injury might also be accompanied by damage to the brain, such as memory loss, cognitive impairments, and emotional or behavioral changes that might significantly impair your standard of living. If you have sustained a head injury due to the negligence of another person, here are 5 damages you can receive for a traumatic brain injury.
Funerals on average cost upwards of five thousand dollars. If you or a loved one’s traumatic brain injury leads to a wrongful death, it is the responsibility of the at-fault party to cover the expenses. Just as with medical bills and other non-economic damages, the financial burden of burial or cremation would have never existed if the accident had never taken place.
When another party’s negligent or willful behavior damages personal property, the negligent party is normally liable for the cost of replacing the property. Whether as a result of negligence or an overt act of hostility, injured parties have a right to compensation for their damaged personal property.
Emotional distress damages in a traumatic brain injury case are designed to compensate you for the psychological impact your injury has had on your daily life. The list of manifestations of emotional distress is long and varied including ailments such as sleep loss, anxiety, and fear.
Loss of Consortium
Loss of consortium is a type of harm that falls under the category of general damages. The concept is that a victim of a traumatic brain injury cannot provide his or her spouse or family with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident.
Shock and Mental Anguish
Generally, shock and mental anguish translate to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma. Because these damages are often difficult to calculate, juries may over compensate and non-economic damages can exceed actual economic damages. In many jurisdictions, plaintiffs may recover for mental anguish; however, some states set compensation caps on non-economic damages.