Brain Injury:

Brain Injury Damages

The effects of a traumatic brain injury can be distressing, often permanently affecting the lives of victims and their loved ones. When a brain injury is caused by another’s negligence, the injured party can seek brain injury damages through a personal injury lawsuit. Depending on the specifics of the brain injury case, victims may recover compensation for lost wages, medical bills and pain and suffering.

Determining Brain Injury Settlement and Verdict Amounts

When determining the amount of a brain injury settlement or verdict, several factors will be considered, including:

  • The Nature and Extent of the Injury: When determining the monetary amount to which the victim is entitled, brain injury lawyers will consider the type of brain injury and the severity and permanence of said injury. For instance, if the brain injury resulted in long-term or permanent brain damage, disability, deformity, etc., the victim will typically be entitled to a higher compensation amount.

  • The Victim’s Losses: The extent of the injured party’s physical, emotional and financial losses will also be gauged when determining the compensation amount.

  • The Negligent Party: Each state has its own regulations on proving fault in a brain injury lawsuit.

In most cases, brain injury victims and their families can obtain compensation for:

  • Medical Bills: If the defendant is found liable, the injured party can recover compensation for current and future medical expenses, as well as rehabilitation costs.

  • Loss Wages/Decreased Earning Capacity: Brain injury victims are typically able to recover wages lost while they were in the hospital, as well as wages they would have earned in the future had they not been injured.

  • Pain and Suffering: Brain injury victims can also be compensated for physical and emotional suffering, including mental distress, disfigurement, trauma and loss of life’s enjoyment.

If you or a loved one suffered a head injury or TBI, you may be eligible for monetary brain injury damages. Fill out our free case review on the right to have a brain injury lawyer determine the worth of your claim.