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What are the Types of Compensation for a Brain Injury Accident?

Brain injuries can be devastating for victims and their family members. These injuries can significantly alter a person’s ability to carry out their day-to-day activities, and victims could even become permanently disabled. At our firm, we want to discuss the types of compensation that may be available to brain injury victims if their injuries were caused by the careless or negligent actions of another individual, business, or entity.

Basic Types Of Compensation Available To Brain Injury Victims

For head and brain injury cases, we will be looking at two basic types of compensable losses (damages) the victims may be able to receive. These are called special damages and general damages.

  • Special damages: This is also referred to as economic damages that are relatively quantifiable in the aftermath of a brain injury occurs. We say that these are quantifiable because attorneys and injury victims can gather up the bills and receipts that came in after the injury. Some of the most common types of special damages a brain injury victim may recover compensation for include the following:
    • Coverage of past, current, and future medical treatment
    • Compensation for physical therapy and rehabilitation
    • Lost income if a victim cannot work
    • Lost earning capacity if a disability prevents future work
    • General household out-of-pocket expenses
    • Compensation for construction to a home to make mobility assistance changes
  • General damages: This is also referred to as non-economic damages that are more subjective and immeasurable following a brain injury. General damages are generally harder to quantify in the aftermath of a brain injury, but some of the most common types of losses a victim can receive compensation for include the following:
    • Physical and mental pain and suffering
    • Shock and mental anguish
    • Loss of enjoyment of life
    • Emotional distress
    • Loss of consortium for a spouse

The Reason Why Calculating Brain Injury Compensation Is Challenging

There are various reasons why calculating compensation in the aftermath of brain injury is challenging. Just like any other personal injury that occurs, it is crucial to properly add up all of the economic expenses the injury victim incurred as a result of the incident. However, injury victims should not accept a settlement for a claim until after they have reached maximum medical improvement. This can take some time for a brain injury victim.

Additionally, because brain injuries can significantly impact a person’s physical and cognitive abilities, this can play a major role in how much medical care they will need in the future and their expected earning capacity. In other words, properly calculating compensation for a brain injury victim involves trying to predict the future. In these cases, it will be necessary to work with trusted financial and economic experts who can testify on behalf of the injury victim.

Call A Dallas Catastrophic Injury Attorney Today

If you or somebody you care about has sustained a brain injury caused by the careless or negligent actions of another individual or entity in or around the Dallas area, reach out to the team at our firm for help today. Our attorneys have extensive experience investigating these cases and recovering the compensation that our clients need. We refused to back down from aggressive insurance carriers, and we had no problem taking a case all the way to trial if necessary. When you need a Dallas brain injury attorney, you can contact us for a free consultation of your case by clicking here or by calling us at 214-295-2900.

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