A traumatic brain injury (TBI) can have devastating consequences, affecting every aspect of a victim’s life. These injuries often result in long-term physical, cognitive, and emotional challenges, requiring extensive medical care and causing significant financial and personal losses. For victims seeking justice through a lawsuit, the damages awarded can help cover these losses and provide support for recovery. The following are the most common damages a Tarzana brain injury lawyer can pursue on their client’s behalf.
Economic Damages
Economic damages compensate victims for the quantifiable financial losses resulting from the injury. These damages aim to reimburse victims for out-of-pocket expenses and other measurable costs directly linked to the brain injury. Common categories of economic damages include:
- Medical expenses: Brain injuries often require expensive treatments, including surgeries, hospital stays, physical therapy, medications, and specialized care. Economic damages cover both past medical costs and anticipated future medical expenses.
- Rehabilitation costs: Victims may need long-term rehabilitation, including occupational therapy, speech therapy, and counseling. These costs can add up over time.
- Lost wages: If the brain injury prevents the victim from working temporarily or permanently, economic damages compensate for lost income during recovery.
- Loss of earning capacity: Damages account for the long-term financial impact for victims who can no longer return to their previous jobs or maintain their earning potential due to cognitive or physical impairments.
- Other expenses: Costs for transportation to medical appointments, assistive devices (e.g., wheelchairs, adaptive technology), and home modifications (e.g., ramps or widened doorways) may also be covered.
Economic damages are relatively straightforward to calculate, relying on bills, receipts, and financial records as evidence.
Non-Economic Damages
Non-economic damages compensate victims for the intangible losses they suffer due to the brain injury. Unlike economic damages, these are not easily quantifiable and often vary depending on the severity of the injury and its impact on the victim’s life. Common examples of non-economic damages include:
- Pain and suffering: Brain injuries can cause significant physical pain and discomfort. Compensation for pain and suffering acknowledges the victim’s ordeal.
- Emotional distress: TBIs often lead to emotional and psychological challenges, such as depression, anxiety, mood swings, or post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: Victims may no longer be able to enjoy activities, hobbies, or experiences they once cherished, leading to a diminished quality of life.
- Loss of consortium: Damages may be awarded to spouses or close family members for the loss of companionship, intimacy, or support resulting from the injury.
Because non-economic damages are subjective, courts and juries consider factors like the victim’s age, overall health, and the extent of their suffering when determining the amount.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s actions were particularly reckless, malicious, or intentional. Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future.
For example, if a brain injury was caused by a drunk driver or a nursing home’s gross negligence, the court may impose punitive damages to hold the responsible party accountable for their egregious conduct.
Punitive damages are not awarded in every case, as they require clear evidence of the defendant’s willful disregard for safety. However, when awarded, they can significantly increase the overall compensation for the victim.
Future Damages
Future damages address the ongoing and long-term impact of a brain injury on the victim’s life. These damages are especially important in brain injury cases, as the effects of TBIs often persist for years or even a lifetime. Future damages may include:
- Long-term medical care: Victims with severe TBIs may require 24/7 care, nursing home placement, or assisted living facilities.
- Anticipated wage loss: For victims who cannot work or whose earning potential is permanently reduced, future damages compensate for their lifelong financial losses.
- Future pain and suffering: Chronic pain, emotional distress, and loss of life enjoyment are often projected into the future for severe or permanent injuries.
Calculating future damages requires expert testimony from medical professionals, economists, and vocational experts to estimate the long-term effects of the injury.
Have You or a Loved One Been Injured?
Brain injury lawsuits often result in substantial damages to help victims recover physically, emotionally, and financially. If you or a loved one has suffered a brain injury due to another’s negligence, pursuing these damages can provide the resources needed for recovery and justice. Call Barry P. Goldberg today to schedule a free consultation and find out what legal recourse you may have.
