Most injuries are obvious to anyone who looks at you. If you break a leg, you’ll be hobbling around on crutches or confined to a wheelchair. A broken arm will be immobilized in a cast. Traumatic brain injuries — or TBIs — hold the distinction of not only being among the most potentially devastating of all injuries, but they are often invisible to everyone except the person afflicted. So victims suffer silently, feeling utterly alone in their pain.
While your TBI may not be outwardly obvious, it is just as real as an injury to any other part of your body. And if the brain injury is the fault of another person or party, you may be entitled to damages.
There is no hard number for what a TBI is worth. Its true effects may not manifest immediately, and you may require care for years — even a lifetime. And a settlement or court verdict must also include compensation for pain and suffering.
If you have a TBI and someone else is responsible, it’s critical to call an experienced brain injury lawyer to fight for you. An attorney will know how to gather evidence and documentation, help you find appropriate medical providers, build a strong case, and win the full compensation you need, whether through settlement or trial.
Compensation for traumatic brain injury cases falls into two broad categories. Economic damages tend to be the easier of the two to quantify, as they already have dollar amounts attached to them. Economic damages include:
Non-economic damages are also known as pain and suffering. Physical, emotional, and mental distress are subjective and more difficult to quantify than economic damages, but you deserve — and are entitled to — compensation nonetheless. Pain and suffering may include:
A dollar amount for pain and suffering is typically calculated in one of two ways. In the multiplier method, the economic damages for the case are simply multiplied by a certain amount — usually 1.5, but as high as 5. In the per diem method, you are awarded money (for example, $100) for every day you suffer physical, emotional, or mental pain. Neither of these formulas is perfect, but your attorney will be able to walk you through the pros and cons of each and help win the compensation you need.
If you’ve experienced a traumatic brain injury and another party is at fault, don’t suffer alone. Never face the person who hurt you or their insurance company without the representation of a brain injury attorney.
Building a TBI claim requires tracking down medical records, personal journals, proof of treatment from mental health professionals, and other documents; acquiring testimonials from witnesses and loved ones; understanding how to negotiate with insurance companies and their teams of lawyers; and, if in your best interest, presenting a rock-solid case in the courtroom.
Through every step of the process, your lawyer will be your advocate and someone you can turn to for advice. He or she also has a wealth of connections and will be able to recommend other professionals to help you along on the road to recovery.
