Determining The Value Of Your Traumatic Brain Injury Claim
A traumatic brain injury occurs when someone suffers a violent blow or jolt to the head or body. You can also suffer a TBI if something goes through brain tissue. Common events that cause traumatic brain injuries include falls and motor vehicle accidents. A traumatic brain injury can result in damage to brain functions, and the damage can last for a long time. For example, a traumatic brain injury can result in learning difficulties, impaired hearing, impaired motor skills, and emotional or behavioral changes. Sometimes, the damage caused by a TBI lasts forever. Facing such a terrible situation is stressful and complicated, so you deserve compensation if you suffered a TBI due to another party’s negligence.
If you suffered a traumatic brain injury because of another party’s negligence and have decided to file a compensation claim against the negligent party, you may be wondering how to determine the value of your claim. If you need help determining the value of your TBI claim, it is best to consult a qualified personal injury attorney. But to give you an idea, the following are some of the important factors that affect the value of your traumatic brain injury claim:
Medical Expenses
When determining the value of your TBI claim, you must first consider your medical expenses, including future medical expenses. You are entitled to damages for your past, current, and future medical expenses, such as:
- Hospitalization
- Surgery
- Outpatient therapy
- Emergency care
- Skilled nursing care
- Prescription medications
- Diagnostic tests
Usually, in a traumatic brain injury case, medical expenses will make up a large part of the settlement amount.
Lost Wages and Lost Earning Capacity
A TBI can result in you being unable to work for some time. This might result in a loss of income. Depending on the severity of your injury, it might be impossible for you to continue working in the same capacity you were working in before your injury. When you suffer a traumatic brain injury because of another person’s negligence, you are entitled to recover compensation for lost wages and lost earning capacity. Lost earning capacity is the difference between the income you’d have made had it not been for your injury and what you’ll likely make throughout your life. To calculate lost earning capacity, your attorney will take into account, among many other things, your age, life expectancy, education and skills, and the affected job benefits.
Other Economic Damages
When determining the value of your traumatic brain injury claim, you need to consider other economic damages such as;
- Domestic services
- Vocational training
- Special mobility needs
- Home modifications to accommodate impairments.
Non-economic Damages
Non-economic damages are non-monetary losses such as emotional distress, pain, suffering, loss of enjoyment of life, and inconvenience.
Punitive Damages
If you are eligible to recover punitive damages, you also need to consider these damages when determining the value of your TBI claim. In Florida, punitive damages are awarded if a plaintiff can show that the defendant is guilty of gross negligence or intentional misconduct.
Legal Help Is Available
If you need help recovering the compensation you deserve in your traumatic brain injury claim, contact our Tampa personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Jacksonville, Miami, Bradenton, Daytona Beach, West Palm Beach, Ocala, and Orlando areas.