What Can You Expect to Recover When You’ve Suffered a TBI because of Someone Else’s Negligence?
According to the Centers for Disease Control (CDC), nearly three million Americans seek treatment every year for a traumatic brain injury, and more than five million people across the country live with a permanent TBI-related brain condition. The consequences of such an injury can be devastating:
- You may be unable to work at all, or may only be able to handle unskilled types of labor
- You may require continual medical care, including long-term rehabilitation or physical therapy
- You may need to retrofit your home to accommodate your disability
- You may have to give up hobbies or activities that you loved, due to your injuries
- You may find it difficult or impossible to maintain close family relationships or have intimate connections with loved ones
- You may experience physical or emotional pain and suffering on a regular basis
What Damages Can You Expect to Recover When You’ve Suffered a Traumatic Brain Injury?
The amount you recover for a traumatic brain injury will necessarily be based on the unique aspects of your case. However, when you’ve suffered any type of injury or loss because of a TBI caused by someone else’s carelessness, there are specific types of damages (monetary compensation) that you have a right to pursue. They are typically divided between so-called “economic” damages, which are relatively easy to calculate, and “non-economic” damages, which are less tangible and more speculative.
Economic damages generally include:
- Compensation for any lost wages or income, including commissions, self-employment income, bonuses and benefits—The total amount of lost income will be calculated from the date of your injury to a reasonable date of retirement, and may include calculations for pay raises.
- Payment of or reimbursement for any medical expenses not covered by insurance or otherwise paid—This includes treatment at a hospital, urgent care facility or doctor’s office, as well as treatment by any type of specialist, such as a physical or occupational therapist, neurologist, physiatrist or psychologist. It also covers the costs of wheelchairs, ramps and any structural changes to your home to accommodate your disability.
Non-economic damages cover:
- Loss of enjoyment of life—Essentially, the loss of the ability to do the things that you enjoyed doing before your accident—recreational sports, hobbies and even tasks around the house. These damages can also include loss of the ability to engage in the ordinary acts of daily life, such as grooming, walking, running and preparing your own meals.
- Loss of consortium or companionship—You can recover compensation for your inability to have intimate relations with a spouse, or to enjoy the companionship of others
- Physical or mental pain and suffering—Your traumatic brain may cause perpetual anguish, anxiety, depression or other mental challenges, or may lead to physical pain
Because of the intangible nature of non-economic damages, the courts have developed different approaches for calculating their full amount. Most courts simply apply a multiplier, taking the calculated amount of economic losses and multiplying it by some factor between one and 10, based on the severity of your injuries and the relative negligence of the defendant. For example, if your lost wages and unreimbursed medical expenses total $1 million, the court may use a factor of 2 and award you $2,000,000 for your non-economic damages.
Contact the Proven Traumatic Brain Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have extensive experience helping people who have suffered any degree of traumatic brain injury. We will be your advocate throughout the legal process, from the filing of a personal injury lawsuit through the gathering of evidence to trial or settlement. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
