A brain injury can cause permanent mental and physical damage. Therefore, determining how much a brain injury is worth is highly complex. In personal injury cases, injuries are rewarded two types of damages: compensatory and punitive. Punitive damages are offered when the guilty party’s actions led to the injury; thus, deserve monetary compensation.
Determining the amount of damages you will receive for your brain injury requires the assistance of a personal injury attorney and understanding how damages are calculated.
How Damages are Calculated by the Courts
Numerous factors go into determining damages. For brain injuries, the courts will not only consider the injury, but will also consider injuries or disabilities for the future.
For example, the judge may consider things like:
- Loss of wages (whether permanent or temporary)
- Ongoing medical costs
- Rehabilitation and therapy required
- Shortening lifespan—since some traumatic brain injuries can lead to stroke or limit a person’s longevity
- Physical, mental, and emotional effects of the injury
Compensatory Damages: What Else Could be Awarded?
While lost wages and future wages may be calculated into the compensatory damages, there are other considerations a judge may add to the bill, including, but not limited to:
- Medical Costs – This will cover not only the initial treatment, but the ongoing treatments, therapies, and special care that you will need after a traumatic brain injury. This may also consider nursing home or in-home care.
- Pain and Suffering – Because you are likely to suffer presently as well as in the future from your injury, the judge will consider pain and suffering in their calculations.
- Enjoyment and Quality of Life – Brain injuries dramatically change lives. You may not be able to interact with your family, take care of your children, and your quality of life could be dampened.
Contact an Attorney for Your Brain Injury
Brain injuries are highly complex and calculating the damages requires the assistance of a skilled personal injury attorney. Contact the team at Scott J. Sternberg & Associates today. We offer free consultations and our attorneys can help you with your brain injury case. Whether you were injured or your loved one suffered from a brain injury, let our attorney’s help you receive the compensation you deserve.