Damages Unique Traumatic Brain Injury Injury Law
Are there any money damages that are unique to traumatic brain injury lawsuits? Is there a cap on damages?
If you suffered a traumatic brain injury, damages would include all the money it is going to take to put you back to the same financial state you were in before you were injured. In other words, first you ask, how much money will it take to pay all of your past and future medical expenses, your loss of past and potential earnings, and your personal care costs (these damages are referred to as economic damages). Then you ask how much your pain and suffering is worth (these damages are referred to as non-economic damages). If someone injured you on purpose, you may be able to get punitive damages. Punitive damages are awarded for the sake of punishing the person who caused the injury; so, if you were injured under particularly despicable circumstances (i.e., someone repeatedly beat you with a baseball bat), your punitive damages award could be in the millions.
In addition to damages that are awarded to you, your family may also be able to recover money damages for what they have lost: your care, companionship, love and affection.
Although a lawyer probably won’t promise to get you a particular amount, experience allows many lawyers with brain injury lawsuit experience to make good estimates of what your case is worth. Many elements are factored into a brain injury damages estimate, including:
(1) How severe your brain injury is
(2) How the brain injury affects your life
(3) Whether you were partially at fault for the incident that caused your injury
(4) Your past medical history
(5)Your pre-existing injuries
(6) How much your future medical care is going to cost
(7) How much you will lose in wages due to your injury
(8) Whether you will be able to recover punitive damages (if you were injured intentionally)
Many states have damage caps (limitations on what an injured party and/or family members can recover in personal injury cases). Caps on damages are the result of what is referred to as “tort reform.” In most cases, damages caps do not affect economic damages, but they do limit what you can recover for pain and suffering and punitive damages.
If you or someone you know has suffered a traumatic brain injury, seek the advice of a personal injury attorney right away.
Read more for related video clips.