Traumatic brain injury: All you need to know about compensation
Have you or someone you know suffered from a traumatic brain injury? Here’s all you need to know about compensation.
Traumatic brain injury (TBI) is one of the most serious injuries anyone can experience. A TBI can lead to physical, cognitive, and emotional impairments that can last a lifetime. It can also be extremely expensive to manage. The costs of medical treatments, lost wages, and other expenses can quickly add up.
Fortunately, you can file for compensation from the responsible party. An experienced lawyer for a brain injury lawsuit can help you navigate the legal process. Here is all you need to know about compensation for traumatic brain injury.
Recoverable damages in a traumatic brain injury case
Recoverable damages refer to losses for which you can seek compensation due to a TBI. There are different categories of damages, including:
Economic damages
Economic damages are monetary losses caused by a traumatic brain injury. Medical expenses are a form of economic damage. You may recover compensation for past and future medical bills. It covers costs such as:
- Hospital stays
- Doctor visits
- Physical therapy
- Medical equipment and prescription drugs
A TBI may also prevent you from being able to work, resulting in lost income. Thus, you may recover compensation for lost wages.
Non-economic damages
Non-economic damages are subjective and can vary from person to person. A TBI can cause you to experience physical pain and emotional distress. Thus, you may recover compensation for pain and suffering. Other types of non-economic damages are:
- Loss of enjoyment of life
- Scarring and disfigurement
- Mental anguish
- Permanent disability
Punitive damages
Punitive damages are a form of financial compensation awarded in personal injury cases. They punish the negligent party and deter similar behavior in the future.
Punitive damages are usually awarded in addition to economic and non-economic damages. You might get punitive damages if the defendant’s actions were especially harmful.
Proving liability to recover compensation
To be successful in a TBI case, you must prove that your injury occurred due to the liable party’s negligence. Responsible parties in a traumatic brain injury case may include:
- A driver who caused the accident (if a road accident caused your TBI)
- A property owner (in case a slip and fall caused your TBI)
- A manufacturer (if defective products caused your injury)
- Medical professional or facility (in case of medical malpractice)
To prove the defendant’s liability, you must establish four things. One, the defendant had a duty of care towards you. Two, they failed to exercise that duty.
Three, the failure led to your injury. Four, you suffered damages as a result of the injury. Your lawyer can present evidence to prove the defendant’s liability for your TBI. Evidence can include eyewitness testimony, medical records, police reports, and photographs.
Negotiating a settlement for your traumatic brain injury
Most personal injury cases end up settling out of court through negotiations. Negotiations may involve multiple offers and counter-offers from both sides. It can be a complicated process.
A lawyer can handle negotiations on your behalf. They have strong negotiation skills and experience in the field. Once you reach a settlement, you’ll sign a settlement agreement. You can’t file for more compensation after signing an agreement and receiving money.
Sometimes, negotiations don’t result in a settlement agreement. The other party may be unwilling to pay fair compensation. Thus, you can take the case to court by filing a lawsuit.
Honoring the statute of limitations
A statute of limitations is a law that limits the time you have to file a lawsuit for your TBI. The statute of limitations for a traumatic brain injury case varies from state to state. Check the laws in your state to determine the applicable statute of limitations.
In most cases, if the statute of limitations passes, you can’t bring a case to court. Thus, you may be unable to seek compensation for your TBI. So, take action as soon as possible to safeguard your right to compensation.
Compensation can play an important role in recovery
Compensation can play a critical part in your recovery from a TBI. It can help cover medical bills, lost wages, and other costs associated with the injury. Having sufficient knowledge about compensation after a TBI is crucial. It allows you to go through the financial recovery process confidently.
