Brain Injury Lawsuits: How Much Is Your Case Worth?

Have you suffered a traumatic brain injury?

Brain injuries can cause permanent mental and physical damage. The third largest cause of traumatic brain injuries is vehicle accidents, coming closely behind falls, and being struck by/with an object. Traumatic Brain injuries contribute to over 50,000 deaths in the US each year. 

CDC defines a traumatic brain injury (TBI) as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury. Everyone is at risk for a TBI, especially children and older adults.

Traumatic brain injury (TBI) is a major cause of death and disability in the United States. TBI’s contribute to about 30% of all injury deaths. Every day, 153 people in the United States die from injuries that include TBI. Those who survive a TBI can face effects that last a few days, or the rest of their lives. Effects of TBI can include impaired thinking or memory, movement, sensation (e.g., vision or hearing), or emotional functioning (e.g., personality changes, depression). These issues not only affect individuals but can have lasting effects on families and communities.

What are the Signs of a Traumatic Brain Injury?

  • difficulty thinking clearly
  • trouble focusing or concentrating
  • blurry or fuzzy vision
  • headcaches
  • nausea and vomiting
  • balance issues
  • light or sound sensitivity
  • sleep problems

Some of these symptoms may appear right away. Others may not be noticed for days or months after the injury, or until the person resumes their everyday life. Sometimes, people do not recognize or admit that they are having problems. Others may not understand their problems and how the symptoms they are experiencing impact their daily activities.

The signs and symptoms of a concussion can be difficult to sort out. Early on, problems may be overlooked by the person with the concussion, family members, or doctors. People may look fine even though they are acting or feeling differently. If you are observing any of these symptoms following a car accident, it is imperative that you seek medical attention right away.

How Much is my TBI Case Worth?

In most injury cases, the value of your case will largely depend on the amount of compensatory damages you are awarded. How are these damages calculated in a brain injury lawsuit?

You may have a lot of questions about your brain injury case, and an experienced Sacramento brain injury lawyer can help answer them.

Generally, damage awards in a personal injury case include two types of damages: compensatory damages and punitive damages. Punitive damages are typically reserved for cases in which a defendant’s actions justify a monetary punishment as opposed to simply compensating a victim, and are generally awarded at the discretion of a judge or jury.

Calculating Damages

There are a number of different factors that may contribute to the amount of damages a court determines were caused by an accident or injury. In a case involving brain injuries, it may be important to consider not just damages that have already occurred, but also those that are likely to occur in the future as a result of a brain injury.

For example, lost wages from work missed following an injury are one common type of damage recoverable in a personal injury lawsuit. But in a brain injury lawsuit, it will also be important to show the loss of future earning capacity due to the long-term physical, mental, and emotional effects of a brain injury.

Other Types of Compensatory Damages

Lost wages and future earning capacity are just two of many potential factors in a damages calculation. Some other common sources of damages include:

  • Pain and suffering. Pain and suffering damages allow a plaintiff to recover for both past and present mental and physical anguish suffered as a result of an injury.
  • Loss of enjoyment. Sometimes included in pain and suffering damages, loss of enjoyment damages, also known as hedonic damages, compensate a plaintiff for a loss in quality of life.
  • Medical expenses. These may include not only the cost of treatment following an accident or injury, but the need for future medical expenses as well.

Of course, each brain injury case is different, which is why you’ll want to consult an attorney about the best way to pursue compensation.

If you have been the victim of a brain injury and aren’t sure what the next step is, contact us at the Law Offices of Zappettini and Bradley for help.  We have been helping Northern California residents with their brain injury claim for decades, and you will see what a difference an experienced legal team makes.

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