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Understanding Compensation for Brain Injury Victims: A Comprehensive Guide

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The Time is Now

If you or a loved one have suffered a brain injury, contact your personal injury attorney immediately. The sooner you start working with your trusted legal advocates to ensure you take the proper steps, the better your chances of obtaining the compensation you deserve. Gathering evidence to support your case begins with the first and any follow-up medical records relating to the brain injury. Compensation in brain injury cases can vary widely based on the severity of the injury and what obstacles it causes in the victim’s life.

Types of Losses to Pursue Following a Brain Injury

Medical expenses can seem straightforward, but remember to include all of them, such as prescriptions, any therapy you completed, and more. Lost income is another large category. Any time you missed work due to the injuries should be calculated. Whether it was while you were healing, completing the recommended treatment, resting at home as recommended by doctors, or other times that you missed out on wages as a direct result of the brain injury, it should be documented. Future earning capacity should also be calculated if it is diminished in any way due to the injuries. For example, suppose you were once capable of a particular position, but due to the long-lasting effects of the brain injury, you are no longer capable of completing the tasks at the same level. In that case, you may now have diminished earning capacity and, therefore, should be compensated for it. Similarly, if you have future anticipated medical needs, these costs should also be covered. If some future surgeries or therapies will be needed to continue healing, you can include the estimated costs of this and include it in the damages you pursue. Severe brain injuries can also lead to pain and suffering by those who endure them. Cognitive or motor functions can be impaired, problem-solving abilities can be diminished, anxiety and depression may have presented or worsened as a result of the injuries, and more. Though not tangible losses you can quickly compute, your personal injury attorney can ensure that these losses are included in the overall damages you seek.

Factors That May Affect the Compensation Following a Brain Injury

Courts will review all angles to determine what compensation a victim may be entitled to. Both parties will be carefully analyzed to determine what is reasonable and acceptable. For example, the other party’s financial position will be analyzed to determine what they are capable of paying. Whether or not they have adequate insurance, if they are financially stable, and more may be reviewed by the courts. The courts may also review your lifestyle, age, career path, and more before the accident. This perspective can help paint a picture of how much the injury has impacted your life and how long it may continue. For example, if you are young and have children, rather than approaching retirement, the amount of compensation may vary significantly as both scenarios would require different financial needs.

What Are Punitive Damages?

Punitive damages aren’t applicable to every case. Punitive damages are reserved for those cases that are incredibly negligent or intentional. For example, if a brain injury occurred as a result of a car accident where the other party was driving while intoxicated, this may result in punitive damages. Punitive damages are meant to accomplish two things. Typically, they are to punish the offender for a particularly negligent or intentional act and serve as a deterrent for others to act in the same ways, leading to severe injuries. The amount of punitive damages awarded can vary greatly but are much higher if it’s determined that malicious intent or wanton disregard for injuring the victim was evident.

How Can a Personal Injury Attorney Help Me or My Loved One With a Brain Injury Case?

Your experienced personal injury attorney can handle various aspects of your case while you or your loved one focuses on healing and following doctor recommendations. Many cases regarding brain injuries are settled out of court, meaning you may not be required to go to trial. Your attorney can begin gathering the necessary evidence to provide all relevant parties with sufficient proof of the injuries sustained. Medical records, lost wages, and many other documents can help paint the picture of why you or your loved one deserve ample compensation. As discussed above, your attorney can also closely analyze and calculate what future losses you may incur or what intangible losses you have endured thus far, whether emotional distress, loss of enjoyment of life, or more. These items can’t be calculated with tangible documents to support them, but your attorney can estimate a reasonable and fair number to pursue. Handling negotiations with insurance companies or other parties is a skill that personal injury attorneys obtain through years of experience helping clients. By working with them, you can ensure that you have a strong and professional ally to go to bat for you and your loved ones and that you aren’t settling for less than you deserve.

Your Tireless Advocates

With an established pattern of helping our clients recover the damages they or their loved ones have endured, we are confident that we can help you, too. We pride ourselves on defending our fellow Texans when they have endured unimaginable losses due to the negligence of others. Contact our office at 713-999-6549 to set up your free initial consultation today and learn more about how we can best assist you.
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