Traumatic brain injuries (TBIs) are among the most devastating types of injuries caused by accidents. Many different types of personal injury accidents can result in TBIs. Car accidents, truck accidents, slip and fall accidents, construction accidents, and more can cause temporary or permanent damages to a person’s brain. Even a mild or moderate concussion can result in ongoing symptoms.
Traumatic brain injuries can be some of the most costly and debilitating injuries. Patients often have to go through surgery, rehabilitation, and may lose their ability to work. Pursuing compensation through a personal injury lawsuit is an effective way for a traumatic brain injury victim to recover compensation. When traumatic brain injury survivors meet with us, one of the most common questions they ask us is how much their lawsuit is worth. We will discuss the types of damages a traumatic brain injury survivor may be entitled to through a personal injury lawsuit.
There are two main types of damages available in personal injury lawsuits, including traumatic brain injury lawsuits. These damages are called economic and non-economic damages. Economic damages are also referred to as special damages, and they are intended to replace the financial losses that a person with a traumatic brain injury has experienced. Economic damages are damages that can be easily quantified, including the following:
- Past and future medical expenses
- Expenses associated with assisted living facilities, surgery, and ongoing medical treatment plants
- Lost wages and lost future expected earnings
- Property damage
- Funeral and burial expenses when a head injury leads to a fatality
- Economic damages that are intended to help replace the losses a person with a serious head injury has suffered
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Not all damages resulting from a traumatic brain injury are easy to quantify. Many damages are not economic in nature. These types of damages are called non-economic damages. Noneconomic damages compensate the victim for the losses they suffered that do not have a clear price tag but are still serious and life-altering. Non-economic damages include less tangible losses, such as:
- Pain and suffering
- Loss of consortium
- Loss of companionship and society
- Loss of reputation
- Mental anguish
- Emotional distress
How are TBI Damages Calculated?
Calculating the total economic damages can be difficult in traumatic brain injury lawsuits. Many times, victims of traumatic brain injury have ongoing and lifelong medical needs. Working with an experienced attorney who will accurately estimate your expenses is crucial for obtaining the compensation you deserve. At Heninger Garrison Davis, we frequently work with financial and medical experts to determine the future costs of clients with traumatic brain injuries. Sometimes economic costs are obvious, but there could be other indirect expenses related to your injury that your attorney can help you account for and obtain.
Non-economic damages are often more difficult to calculate. These expenses are less tangible and more challenging to assign a number to in traumatic brain injury cases. There are a few different ways to calculate non-economic damages. In some cases, attorneys will estimate non-economic damages by multiplying the amount of economic damages by a certain number ranging from 5 to 10. In most cases, the more severe the brain injury, the more non-economic damages.
A person who suffers a mild concussion in a car accident will not receive the same amount of non-economic damages as someone whose traumatic brain injury renders them unable to work or walk. More minor injuries typically only until medical costs will go away once the symptoms begin to disappear. On the other hand, serious injuries will continue to cause the victim pain, suffering, and the need for medical care for a long time — possibly even the rest of their life. When the defendant acted maliciously or egregiously, the plaintiff may be able to receive additional punitive damages.
Contact an Alabama TBI Attorney Today
If you or your loved one have suffered a traumatic brain injury, you may be entitled to compensation through a personal injury lawsuit. Getting a clear picture of the types of damages you may be able to obtain can be challenging. Speaking with one of the experienced TBI Attorneys at Heninger Garrison Davis will give you a personalized idea about how much your case may be worth. Contact Heninger Garrison Davis today to schedule your free initial consultation to learn more about your legal options.