Brain Injuries: What Types Of Compensatory Damages Can Be Sought For?
There are roughly 1.7 million people who suffer a traumatic brain injury (TBI) each year, with more than 50,000 of them losing their lives. The most common causes of these injuries include falls, car accidents, struck by or against events and assaults – some of which could lead to a personal injury claim. In personal injury cases, there are typically two types of awarded damages: punitive and compensatory. Punitive damages are usually only awarded when the jury or judge believes that the plaintiff needs further punishment, in the form of a monetary amount. These aren't common, nor should they be expected in any case. Therefore, this article is going to focus on compensatory damages, which are awarded to indemnify a victim for the injury suffered as a result of negligence by another party.
Types of Damages to Be Included in Your Case
The thing with brain injury damages is that you won't only be seeking financial compensation for the injuries and damages that have already occurred as a result of the incident. Instead, you will also be fighting for injuries and damages that are very likely to occur in the future – whether it is five years from now or 20 years from now. Here are the primary damages that you will be seeking:
- Medical Expenses – Any injury can be expensive, but brain injuries tend be even more so since they involve the brain, which is a very delicate part of the body. You can ask for the reimbursement of treatment costs up to the day of court, as well as any future medical expenses that you will encounter, such as continuous, long-term rehabilitation.
- Lost Wages – Most likely, you lost work after the brain injury incident. You have likely been off work since it happened. You may even be required to be off work for an extended period of time until you fully recovery. In some instances, you may be unable to perform the same job that you once held because of the long-term effects of your injury. Therefore, you can see past lost wages as well as loss of future earning capacity.
- Pain and Suffering – As a result of a brain injury, you have endured pain and you have suffered. It is likely that this will continue to be an issue. You can seek to recover past and present physical and mental anguish suffered as a result of the injury.
- Loss of Enjoyment – In some instances, if the brain injury has caused your quality of life to be drastically reduced and you won't be able to enjoy some of the things that you once did, you may be able to recover loss of enjoyment damages.
Ultimately, it all comes down to the evidence that you can present and the defense that you can bring against the opposing side's own argument. It is for this reason that you should work with an experienced injury attorney to ensure that you fully understand all of your rights, options, avenues and potential outcomes. Plus, every single injury case – whether a brain injury or a car accident injury – is different. This is why scheduling a consultation with a lawyer (such as one from Whiting, Hagg, Hagg, Dorsey & Hagg) to see what your next steps should be and if you even have a valid case should be done as soon as possible following the incident.