Money Damages Available for a Traumatic Brain Injury

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you have suffered a traumatic brain injury, and intend on filing a lawsuit, you will need to be aware of what damages you can recover from those responsible.  A lawsuit following a brain injury can help you recover all the costs associated with your injury, any money you could not earn because of your injury, and money to compensate you for the pain and suffering your injury caused.  The amount of damages you can recover varies depending on your situation, so it is a good idea to consult an experienced attorney with any specific questions.

How Damages are Calculated

Many different things affect the damages amount in a traumatic brain injury case. And although a lawyer probably won’t promise to get you a particular amount, experience allows many lawyers with brain injury lawsuit experience to make good estimates of what your case is worth. Many elements are factored into a brain injury damages estimate, including:

(1) How severe your brain injury is, and whether or not it is temporary or permanent

(2) How the brain injury affects your life

(3) Whether you were partially at fault for the incident that caused your injury

(4) Your past medical history

(5) Your pre-existing injuries

(6) How much your future medical care is going to cost

(7) How much you will lose in wages due to your injury

(8) Whether you will be able to recover punitive damages (if you were injured intentionally)

Each brain injury case is different, and the amount of damages will reflect the nature of the injury, the overall effect it has on a victim’s life, and the way the injury was caused.  An experienced attorney will be able to evaluate a particular case for specific information.

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Limit on Damages

Many states have damage caps (limitations on what an injured party and/or family members can recover in personal injury cases).  In most cases, damages caps do not affect the actual expenses that a victim has to pay to recover or live with their injuries, but they do limit what you can recover for pain and suffering and punitive damages.

If you are considering a lawsuit for a brain injury, consult an experienced attorney.  Find an attorney that understands brain injury lawsuits, and have them help you through the process so you can collect the damages that you are owed under law.

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