What Damages Might Be Recoverable After a Traumatic Brain Injury?

What Damages Might Be Recoverable After a Traumatic Brain Injury?

Everyone bumps their head on occasion. Most of the time, such accidents cause little more than soft tissue damage like superficial bruising at the site. If you experienced a forceful impact, violent jolt, or penetrating wound, however, you may be living with traumatic brain injury (TBI). While mild TBI like concussions rarely cause permanent damage, moderate to severe trauma can result in lasting issues, including both physical disabilities and cognitive impairment.

In extreme cases, injured parties aren’t even able to earn a living wage. What’s more, they incur hefty medical bills year after year, making it virtually impossible to regain their financial footing.

If another party is to blame for your TBI, though, you may have grounds for a personal injury claim. And if your claim proves successful, you may be able to recover compensation for the following damages:

1. Economic Damages

Because TBI patients typically require ongoing care in the form of intensive rehabilitation, their healthcare expenses tend to add up fast. The indirect costs that stem from getting hurt, such as lost wages, can also be substantial. As such, settlements and verdicts in brain injury cases are usually significant.

Fortunately, a variety of economic damages are recoverable under tort law. Depending on the circumstances, you may seek compensation for the following TBI-related damages:

  • Past and future medical expenses;
  • Occupational, speech, and physical therapy;
  • Psychological counseling;
  • Replacement services;
  • Home care;
  • Lost income and benefits;
  • Loss of future earnings;
  • Vocational training;
  • Home and/or vehicle modifications needed to accommodate any permanent disabilities;
  • Property repairs; and
  • Legal fees.

2. Non-Economic Damages

Non-economic damages are losses that, while intangible, are every bit as real as the economic losses incurred by injured parties. In brain injury cases, non-economic damages can be so significant that they make up the bulk of the settlement or verdict.

A resourceful personal injury attorney can ensure your claim accounts for all applicable non-economic damages, which may include:

  • Emotional distress;
  • Mental anguish;
  • Loss of enjoyment in life;
  • Scarring and disfigurement; and
  • Pain and suffering.

3. Punitive Damages

In some scenarios, personal injury claimants are entitled to punitive damages in addition to the standard compensatory damages. You may be able to recover a punitive award if the party responsible for your TBI acted with complete disregard for your health or safety; however, you’ll have to present clear evidence of willful and wanton negligence in order to make a case for punitive damages.  

Speak with a Long Island Brain Injury Attorney Today

If you or a loved one sustained a TBI, and the aftermath is threatening your family’s financial security, turn to WeitzPascale. Our compassionate team understands the devastating toll that brain damage can take on both injured parties and their loved ones. Call 516-280-4716 or fill out our Contact Form to schedule a free consultation with a brain injury lawyer in Long Island.