What Damages May Be Available in a Brain Injury Case?
The lifetime cost of treating and living with a traumatic brain injury can exceed $3 million. This is an extreme financial burden that impacts not only the victim but also his or her family. In this article, we discuss the kinds of damages that may be available in a brain injury case and how a personal injury attorney can help you pursue a fair settlement:
Past Compensatory Damages
Every brain injury claim includes some amount of compensatory damages, which are economic and non-economic losses. Examples include medical bills, loss of income, property repairs, pain and suffering, loss of life enjoyment, and emotional distress.
An accident victim may be entitled to both past and future compensatory damages. While there is undoubtedly some overlap regarding the kinds of evidence needed to prove past and future damages, there are also some differences. Evidence of past compensatory damages may include medical bills, other medical documents, proof of days missed from work, documentation of your pre-injury income, your injury journal, and expert witness deposition.
Future Compensatory Damages
Much of the evidence used to prove past compensatory damages can also be used to prove future losses. However, the value of future damages is complex. Also, it is usually necessary for various experts, such as medical, financial, or vocational specialists, to provide deposition regarding the value of future damages.
If the at-fault party’s behavior was particularly egregious, it might be possible to obtain a punitive award. Winning punitive damages will require you to prove that the nature of the defendant’s misconduct surpassed ordinary negligence. The standard for awarding punitive damages varies by state. Often there are caps on punitive damages—this is also true of compensatory damages in some circumstances—and it is common for states to bar punitive damages awards against government entities.
How Can a Brain Injury Attorney Help with My Case?
Without skilled legal representation, you may end up making an error that hurts your chances of obtaining fair compensation. A seasoned personal injury lawyer not only will have experience negotiating with insurers but also will understand the relevant case law, statutes, and procedures.
Your attorney can also arrange an expert witness deposition. Expert witness depositions often play a critical role in the outcome of brain injury cases. Your lawyer can gather evidence, estimate a fair settlement figure, and fight for the highest recovery possible.
Hiring a lawyer can also show the insurance company that you have the means to enter litigation if they refuse to cooperate. This might give the insurer more incentive to pay a fair settlement.
Discuss Your Claim in a Free Consultation with a Brain Injury Lawyer
At Attorneys for All, we work with a network of top-rated lawyers who offer free consultations. These lawyers have the experience and resources to help you navigate every step of the legal system. To set up a no-obligation case review, send an email to email@example.com or call (281) 475-4535.