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How Much Compensation Do You Get for a Brain Injury?

Posted on behalf of Janet, Janet & Suggs, LLC on June 12, 2020 in Personal Injury Blog Posts

When it comes to brain injury settlements, no two cases are exactly alike. Some victims may recover fully, while those who suffered a traumatic brain injury may be left with a lifetime of physical and mental impairments as well as emotional and behavioral changes. And that’s not to mention their huge medical expenses.

As a result, calculating the damages for a brain injury settlement can be complicated. Still, if you or a loved one has experienced a brain injury and is considering legal action, you deserve to know what you might stand to recover. Here’s what you need to know about how a brain injury settlement is calculated.

Types of Damages in a Traumatic Brain Injury Settlement

When brain injury attorneys use the term “damages,” they’re referring to the collective losses, expenses, hardships and suffering a victim has experienced as a result of the brain injury. Generally speaking, there are two types of damages that are eligible for compensation under personal injury law, and they both factor in the negotiations for a traumatic brain injury settlement: economic damages and non-economic damages.

Economic Damages

Often referred to as “monetary damages” or “special damages” in legalese, these types of damages have a clear and provable monetary value. Some examples include:

  • Hospital bills
  • Lost wages
  • Loss of future income
  • Additional medical expenses (MRIs, CT scans, prescription drugs, doctor’s bills, etc.)
  • Out-of-pocket costs
  • Property damage
  • Funeral and burial expenses (in the event of a wrongful death)

Non-Economic Damages

Often referred to as “general damages” or “psychological damages,” non-economic damages are losses that don’t have a clear and provable monetary value. This makes it more difficult to show evidence for non-economic damages, since they are not reflected in medical bills or other proven forms of expense.

With the help of a brain injury accident lawyer, victims of a traumatic brain injury can still recover compensation for these damages. However, the money will be only a rough estimate of the magnitude of the damage. Examples of non-economic damages in a traumatic brain injury case can include:

  • Pain and suffering
  • Emotional distress
  • Mental trauma
  • Post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life / diminished quality of life
  • Disability or disfigurement
  • Depression, stress, anxiety and fear
  • Loss of love, affection, support or companionship

Any settlement for a traumatic brain injury should fairly reflect the totality of the victim’s economic and non-economic damages. Various formulas are available to assist in the calculation of non-economic damages, which must have a reasonable relation to the total value of the economic damages.

Factors to Consider in a Traumatic Brain Injury Settlement

A brain injury is one of the most severe injuries a person can suffer. Although some victims recover and return to their normal life, others are left with life-changing consequences. As a result, the settlements for traumatic brain injuries vary drastically depending on the case. Here are some of the different factors that affect settlement figures in a traumatic brain injury case:

  • Hospital care. As mentioned above, some brain injuries result in lengthy periods of hospitalization, requiring doctor visits, bloodwork, X-rays, surgeries and more. Considering that the average cost of a day in the hospital can reach $4,500 depending on where you live, lengthy hospitalization for a traumatic brain injury can be financially crippling. If your injury resulted in an extended hospital stay, your settlement will most likely increase to cover both the economic and non-economic portions.
  • Medical treatment. If you or a loved one has experienced a traumatic brain injury, you know that the cost of medical care can be debilitating. The expenses of surgery, extended stays, visits with specialists and rehabilitation or at-home care add up quickly. As a result, the medical treatment generally accounts for the largest portion of a brain injury victim’s economic damages.

How Much Compensation Do You Get for a Brain Injury?

With a strong record of recovering millions on behalf of brain injury victims, we know the physical, emotional and financial effects this type of injury can have on a victim and his or her family. Some of our most successful cases have helped ensure our clients have the resources they need to future care and other expenses. These include:

  • $33.5 million verdict for a delayed C-section that caused severe brain damage
  • $24 million verdict for a child who suffered a brain injury after doctors failed to recognize an airway obstruction
  • $5.5 million recovery for a man who suffered brain damage after an anesthesia mistake

A Brain Injury Law Firm That Fights Tirelessly for Your Right to Compensation

If you or a loved one has suffered as the victim of a brain injury, you have a right to compensation for your suffering. The brain injury lawyers at Janet, Janet & Suggs have 40 years of experience representing brain injury victims throughout the country and can help you obtain the compensation you need. Contact us for a free, no obligation consultation. We’ll advocate for your legal rights so that you can focus on your recovery.

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