Brain injuries can be caused by a number of reasons. Most accidents that lead to brain injury cases or Traumatic Brain Injury (TBI) can be traced to the high impact of the application of heavy force to the head. When an individual has been involved in an accident wherein the head is forcefully hit against a surface, there are chances that such an individual could suffer from Traumatic Brain Injuries. Being one of the most severe, life-altering and unpredictable injuries, victims of such an injury as this or their family members may be able to file a Pasadena brain injury lawsuit seeking compensation for the pain and suffering, alongside all other damages which may have been incurred.
Traumatic Brain Injuries can present a wide range of symptoms including loss of orientation, sleeplessness, loss of sight, loss of ability to string sentences and difficulty with speech and more. In essence, this injury can leave affected individuals transformed in a drastic way. Victims of such accident injury as this may also suffer memory loss, or develop completely different personalities. In other cases, such victims may exhibit differences in their cognitive capabilities, earning capacities, physical abilities and more.
In earnest, Traumatic Brain Injuries have significant effects on the life of victims and may also lead to the death of such an individual, whether due to complications, late detection of symptoms, or misdiagnosis of the condition.
Because these injuries (injuries to the head) are far-reaching and can cause potentially permanent harm with no sign of foreseeable recovery, the damages associated are often regarded as extensive. In the state of California, speaking to a personal injury lawyer may be one of the best ways to get started on such a case as this. A personal injury lawyer can work with you and walk you through the legal process involved in filing a claim for the damages suffered. In addition, the personal injury lawyer is in the best position to identify the at-fault party, gather the needed evidence to back up the case and also calculate the worth of the case based on past, present, and future medical bills, loss of earning power, and other damages which may have been incurred.
When working with a personal injury lawyer for a Pasadena injury claim, the law of the state establishes that victims may be entitled to one, or more of the categories of compensation stipulated. There are three categories of compensation that have been stipulated and may be available to the victim and their family in such a case as this. These compensation categories include:
– Economic damages
– Non-economic damages
– Punitive damages
Economic damages in cases of Traumatic Brain Injury refers to all the financial losses which the victim may have incurred as a result of the accident and injury sustained. Some of the common economic damages for which compensation may be sought include”
– Lost earnings: This is the individuals’ loss of earning power due to the significant effect of the injury affecting their ability to function properly in their role as before the injury.
– Medical bills: this encompasses all the medical cost which has been incurred in the treatment of the condition and maintenance of the victim’s health
– Therapy and rehab: in the event, the victim has had to undergo some form of therapy or rehabilitation due to the injury sustained, the cost is also factored into the financial losses accrued.
Other forms of economic damages which can be compensated include:
– Cost of residence in a nursing facility
– Cost of in-home care
– Cost of home modifications to suit the health needs and demands of the victim
– Cost of medical devices and other assistive or adaptive equipment
– Cost of property damaged as a result of the accident.
When calculating the economic losses as a result of the accident, this also covers the estimated future expenses like:
– Future medical and care-related expenses
– Loss of future earning power and future income
– Household help and services which the victim would have provided in the absence of the injury.
It is important to note that Traumatic Brain Injuries can cost upwards of over a million dollars in treatment and management over a victim’s lifetime. The cost of the medical and careful attention, however, depends largely on the factors specific to the case, the extent of the injury, and the life expectancy of the victim prior to the injury. For proper analysis, personal injury attorneys can work with life care planners and expert witnesses to help nail down a reasonable estimation.
Victims of Traumatic Brain Injuries can also seek compensation for other non-economic damages which they may have suffered as a result of the accident and injury. Some of the noneconomic damages victims can possibly recover include:
– Physical impairment
– Past and future pain and suffering
– Diminished quality of life
As part of the non-economic damages that may be sought, a victim’s family may also seek compensation for loss of consortium or emotional distress. This is mostly available to domestic partners and spouses of the affected victims. Under this, the victim’s partner may seek compensation for:
– Loss of intimate relations
– Loss of financial support and household services
– Loss of victim/partner’s ability to have children
– Loss of affection, consortium, emotional support and comfort, moral support and more.
For these compensations, there is no easy way to put a price tag on these and as a result, it may be entrusted to the discretion of the jury to arrive at a dollar figure which is deemed to be most reasonable based on the facts of the case at hand.
The California personal injury law allows the jury to also decide on punitive damages to be awarded to the negligent party in the case of Traumatic Brain Injury. In such cases as punitive damages, this is an extra amount which is set aside to punish the negligent party and also to better calm the affected party.
For punitive damages to be awarded, the victim and their personal injury attorney have to prove at least one of the following factors;