What Types of Compensation Are Available for Traumatic Brain Injuries?

Can I Be Compensated for Traumatic Traumatic Brain Injury?

The incidence of traumatic brain injuries after accidents is, unfortunately, much higher than most people realize. Many people suffer from the effects of a TBI for long periods of time, for example, in the aftermath of a car accident, without being checked or even realizing that the serious issues they are dealing with are related directly to that injury.

Often, when a person is seriously injured in an accident, medical professionals concentrate on the more serious injuries to the detriment of the more subtle brain injury symptoms. In the case of an accident with no catastrophic or severe physical injuries, accident victims frequently miss the connection between potential brain injuries and symptoms like serious and chronic headaches, blurred vision, fatigue, short-term memory loss, dizziness, and mental fog. That’s why it’s essential to see a medical professional immediately after an accident and to consult with an experienced traumatic brain injury attorney like the team at Finn Trial Attorneys to make sure you don’t have symptoms you may not realize are due to a TBI.

The good news is that if you do have a TBI, and your injury can be traced back to the negligence of another party, then you do have a strong chance of being compensated for your injuries and recovery.

How Do I Prove I Have a Traumatic Brain Injury?

What Types of Compensation are Available for a Traumatic Brain Injury?

As a rule, there tend to be three main categories of compensation that a TBI victim can potentially recover. Those are economic damages, non-economic damages, and other damages.

Most people think of economic damages first when considering TBI cases because they are the most apparent issues. These circumstances materially affected the TBI sufferer through cost or loss of money. For example, any medical costs presently or in the future related to the injury and recovery would be included here. This category also includes potential property damage, such as if a vehicle or other valuables were damaged or destroyed in an accident. The most critical issues are related to lost wages and lost earning capacity. When you are injured, you lose pay because you can’t work, which is difficult to recover from financially. The same goes for any permanent work-related issues stemming from the TBI that prevent you from doing the same job and earning the same pay as you previously did. All of these elements are part of economic damages.

The next category, non-economic damages, is more complex to quantify but extremely important for the injured victim. These are damages that don’t have an evident and apparent monetary value but are life-changing and potentially devastating for the injured person and deserving of compensation. Pain and suffering are the most obvious examples, but many others exist. For example, reduced quality of life is a significant factor because a TBI can continue to affect you negatively for the rest of your life. It can also cause other issues, such as sexual dysfunction, that create relationship problems. All of these elements are part of non-economic damages.

Finally, other damages are damages that don’t fall into the previous categories. For example, if the defendant in the case has done something heinous or extreme, punitive damages can also be added. These are financial damages added to discourage continued behavior of the same type and are also awarded to the injury victim.

What Factors Affect My Compensation for a Traumatic Brain Injury?

Potential compensation from a TBI case varies widely, with California cases’ averages often falling between $1 million and $3 million. There is a wide range of potential compensation because many factors go into finding a final number.

The first factor is the type of injury and the severity. TBIs can manifest differently, with different symptoms, effects, and life impacts. The extremity of your particular TBI will significantly impact the final compensation outcome.

The second factor is liability and fault. Part of the challenge of any TBI case is establishing who is at fault for the injury. Sometimes, it may clearly be a single party solely at fault, while other times, it could be multiple parties with partial liability. The number of liable parties and their liability level can affect the compensation’s final outcome.

The third factor is what is known as comparative negligence. In California, it is possible for a victim to also be partially at fault for the accident. If that is the case, the victim can still file a suit and receive compensation, but their outcome will be reduced by the percentage that they are found to be at fault for the accident.

The fourth and final factor is also the one with the most potential for compensation variation: insurance coverage details. For example, many insurance policies have policy limits that cap the amount that insurance will cover. The victim’s own uninsured/underinsured motorist coverage can also affect the final compensation amount. The location can even affect the amount, given that insurance policies are often higher for company property and vehicles. Multiple insurance policies may also come into play, which could change the outcome. Finally, insurance companies acting in bad faith against a victim could lead to a bad faith claim worth considerably more than otherwise.

Do I Need an Attorney for My Traumatic Brain Injury Case?

As with many aspects of the law in California and the United States broadly, no TBI victim is required by law to have an attorney for their case. However, it is crucial to understand the context of why an attorney is so valuable to have as a partner in this complicated and expensive process.

Insurance companies continue to make record profits by not paying injury victims what should rightfully be theirs after an accident and injury. Every dime they don’t pay a victim is a dime they keep. That’s why they work hard to ensure you get as little as possible.

Having someone on your side who understands insurance company tactics, has fought against them and won in the past, and knows how to prepare your case to get its best potential compensation outcome is the only way to ensure that insurance companies pay what you deserve. Finn Trial Attorneys is the ideal partner to help you through this process.

In the aftermath of a TBI, you deserve to focus on your life and get better, and you shouldn’t be spending your time and effort fighting a potentially losing battle with insurers to get a fair deal. Call us at 619-375-5105 to get started today so we can help you build your case and begin the journey to recovery and compensation you deserve.