How Much Is My Traumatic Brain Injury (TBI) Case Worth?

Traumatic brain injuries (TBIs) are catastrophic personal injuries involving blunt, physical force to the head that damage the brain and require extensive medical treatment.

Traumatic brain injuries are most often caused by car accidents, slips, trips, falls, or violence.

TBIs can be life-altering. A TBI victim may experience changes to their motor and cognitive skills, disruption to their speech and communication skills, mental and behavioral changes, and permanent nerve damage.

Due to the severity and drastic impact, personal injury cases with brain trauma have a high settlement value.

Seeking compensation for your TBI will help you feel a sense of financial security that will enable you to pay for on-going medical treatment, especially if you are unable to return to work.

How Are Damages Awarded in a TBI Case?

The amount of compensation in a traumatic brain injury case will depend on the severity of the injury and several other factors are taken into account.

Types of Damages for Brain Injuries

Medical expenses, lost wages, loss of quality of life, the intensity of the injury, the extent of impairment, and liability and/or negligence of the defendant will all be used to determine an amount of compensation.

Medical Bills and Expenses

A large portion of your settlement will be based on the amount of medical bills and other medical expenses that you have incurred after your accident. Included in this will be any emergency room visits, hospital stays, imaging tests such as CT scans and MRIs, rehabilitation, and any other medical expense.

Loss of Income and Earning Capacity

The amount of wages lost due to your hospitalization and treatment for your TBI will be added to your settlement.

If you are able to return to work, your TBI may limit your ability to work as many hours as you did before the accident. Or you may have to step down and work a less demanding job.

Depending on the severity of your traumatic brain injury, you may not be able to return to work at all.

To calculate projected future earnings, a vocational expert will likely testify about the amount of expected lifetime wages that you will lose due to your brain injury.

People with TBI tend to retire 10 to 15 years sooner than they ordinarily would. For example, if you lose $15,000 annually for the next 12 years and then lose more by retiring early, your loss of earning capacity may amount to $750,000 or more.

Costs of Lifecare

Depending on the severity of your injury, you may expect to receive compensation for lifecare.

Because the effects of a brain injury can last several years or may never heal, you will likely need continuing physical therapy, medications, or help with daily tasks. A lifecare planner will assess what these services will cost the patient and anticipate the need for a future paid caretaker.

Pain and Suffering for Traumatic Brain Injury

Compensation for pain and suffering and emotional damages will be included in your settlement.

TBIs can be devastating not only from a physiological perspective but from a psychological perspective as well.

Even a mild TBI can cause depression and loss of quality of life.

TBI victims can also experience strained relationships and may find that the activities they enjoyed doing before their accident are now less enjoyable.

It should be noted, though, that there is no set amount and all personal injury claims are awarded based on their uniqueness.

Punitive Damages for Traumatic Brain Injury

If your head trauma was caused by someone else’s reckless or intentional behavior, you may be eligible to receive punitive damages.

The intention of punitive damages is to punish the defendant and deter the reckless behavior by the defendant and others in the future.

One example of this is if a garage door company knew that their product was defective and neglected to warn consumers or issue a recall.

If a customer suffers a TBI because of a company’s wrongful conduct, that person could be eligible to receive punitive damages.

Don’t Miss Out on the Money You Need!

If you’ve suffered a brain injury due to an accident or because of someone else’s negligence, you’ll need proper representation to receive the compensation you deserve.

Insurance companies will want you to sign paperwork right away and low-ball you on the settlement amount.

An experienced personal injury lawyer will work with your doctors to make sure the extent of your injury is fully understood and that the amount of damages you receive is fair.

Loyd J. Bourgeois
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Accident, injury, and disability lawyer serving Luling, Metairie, New Orleans, and South Louisiana
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