What Sort of Costs Can I Recover in a Traumatic Brain Injury Lawsuit?

August 28, 2022 Posted In Personal Injury

A traumatic brain injury is one of the worst kinds of injuries any person can experience. Being in an accident that causes these types of injuries is sure to cause lifelong hardship including but not limited to lifelong disability, inability to work and earn money, and general pain and suffering. These types of damages deserve compensation. Even though money cannot undo the injury, it can help to manage medical care and take care of bills and other responsibilities. 

Because of the nature of these types of injuries you may be able to recover more costs than from your typical accident lawsuit.

Types of Costs You Can Recover

When it comes to the costs incurred as a result of a traumatic brain injury, there are a couple different ways that these costs are divided when it comes to compensation from a lawsuit. Damages in a personal injury lawsuit can come in three different types, but in this case we are going to focus solely on costs recoverable in the lawsuit. 

Financial Damages

The first thing that the courts will look at in terms of recovery after an accident are the immediate financial damages that a person faces as a result of their accident and the subsequent injuries. 

Costs include all medical bills and treatments necessary after the accident. Other costs include lost wages, time away from work, travel expenses, legal fees, damage to property, and any replacement costs. The amount of recovery in this case is calculated based on the proof you can bring to the court, in other words the receipts, bills, check stubs and other documents that prove your losses. 

Financial damages are the most common in injury cases and thus the most often awarded. 

Future Damages

The thing about injuries like traumatic brain injuries is that the victim incurs many more costs than just those right after the accident. These injuries are life altering and cause a person to need continuous medical care and other needs. In terms of a personal injury lawsuit, courts consider these types of damages future damages. 

Types of future damages include ongoing medical expenses, costs for therapy, rehabilitation, medical equipment, quality of life care, and in some cases pain and suffering. The court also considers lost wages and lost earning potential as well. This can be things like the likelihood that a person may have gotten a promotion, lost business deals and other potential income within reason. 

These damages can be more difficult to prove, but expert testimony from financial professionals and proof of current earnings along with estimates and projections can help make these damages awardable by the court. 

Other Damages

In some cases the court may also award for costs related to mental and emotional trauma and anguish. These types of damages are often tied to the permanent loss of quality of life that is associated with traumatic brain injuries and other major injuries, especially if dealing with the trauma involves care such as seeing a therapist or needing medication for a related mental disorder. 

These types of damages are more difficult to prove than others, but expert testimony can go a long way in getting compensation for these costs. 

To know what your case is truly worth, it is always a good idea to speak with a San Bernardino brain injury attorney immediately after your accident.