A traumatic brain injury (TBI) is one of the most difficult injuries to treat. Doctors are usually unable to predict the level of recovery that a person may achieve.
Determining compensation for damages in brain injury cases
As brain injuries often result in severe health issues for weeks, months, years, or a lifetime, the value of these cases can vary dramatically. The first step in determining the value of a brain injury case is a full medical evaluation. As many of the symptoms are emotional or cognitive, a brain injury can have a negative impact on all areas of life, including work, relationships, and lifestyle. To pursue compensation, several types of damages must be given a dollar value:
- Economic damages: The cost of medical care (both current and future), rehabilitation, lost wages, lost earning capacity, transportation, medications, and all other hard costs associated with the brain injury.
- Non-economic damages: The personal losses experienced by the injured person are given a dollar value. These damages include pain and suffering, loss of quality of life, emotional anguish, changes in lifestyle, and other personal and emotional losses.
- Punitive damages: In some cases in which clear and convincing evidence establishes that the person causing the accident acted in an oppressive or malicious manner, damages intended to punish may be awarded.