How Much Compensation Do You Get for a Brain Injury?

Brain Injury

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 seek the compensation you need. Contact us for a free, no-obligation consultation. We do not get paid unless you do. We’ll advocate for your legal rights so that you can focus on your recovery.

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