Recoverable Damages in Traumatic Brain Injury Cases
If you or someone in your family has sustained a traumatic brain injury (TBI), you may already know how quickly the costs can add up. TBIs are among the most expensive injuries to diagnose, treat, and manage.
Patients can expect to incur between $85,000 and $3 million in medical bills alone over the course of their lifetime. Fortunately, depending on the circumstances that led to the injury, patients and their families may be able to recover compensation for all injury-related expenses from the at-fault party.
Below is an overview of the damages that might be recoverable in personal injury cases involving TBI:1. Past and Future Medical Bills
In addition to emergency medical care, diagnostic imaging, surgeries, and medications, TBI patients often require various kinds of therapy to relearn physical and cognitive skills and to modify their lifestyle to accommodate their injury. Such therapies may include:
- Physical therapy;
- Speech therapy;
- Occupational therapy;
- Cognitive therapy;
- Psychological counseling; and
- Vocational counseling.
If you’re unable to work while recovering, you can pursue compensation for any lost income. If your TBI causes lasting damage that prevents you from returning to the same profession, you may be able to recover compensation for lost earning capacity.3. Home and Vehicle Modifications
It’s not uncommon for moderate to severe TBIs to cause physical disabilities. Some patients need to modify their homes and vehicles to accommodate their new limitations. Fortunately, the costs of such modifications can be included in the settlement calculations.4. Other Economic Damages
People recovering from TBI may need help with child care, meal prep, housekeeping, and other domestic obligations. As long as you can prove that such costs were reasonable, necessary, and a direct result of your injury, they can be included in the settlement calculations.5. Non-Economic Damages
Non-economic damages are intangible consequences of the injury, but they’re every bit as devastating as the financial losses. The following non-economic damages might be available to brain injury victims:
- Pain and suffering;
- Emotional distress; and
- Loss of enjoyment in life.
The victim’s spouse may also be entitled to compensation for loss of consortium. This refers to the loss of affection, comfort, companionship, sexual relations, solace, and society.6. Punitive Damages
Personal injury victims may be awarded punitive damages if the defendant acted with gross negligence or intentional misconduct. These damages aren’t available in the majority of cases, but if the person who caused the injury acted with particularly egregious behavior, a punitive award might be warranted.Discuss Your Claim with a Brain Injury Attorney in Florida
If you or someone you love is recovering from a TBI, contact Donaldson & Weston to discuss your situation and determine if you have grounds for a claim. We take great pride in helping accident victims pursue the compensation they need to move on with life. Call 772-266-5555 or fill out our Contact Form to schedule a free case evaluation with a brain injury lawyer in Florida.