Brain Injury Lawsuit Settlements
Traumatic Brain Injury Accident Compensation
About 2 percent of the American population — or approximately 5.3 million people — require lifelong assistance with daily tasks because of a traumatic brain injury. Traumatic brain injuries change everything about a victim’s life. Most victims are usually forced to radically alter life plans, give up their independence, and often become cut off from enjoying life’s pleasures.
In addition, victims may need multiple surgeries, regular physical therapy, or round-the-clock care. Sadly, many victims’ families may not have the necessary financial resources to adequately provide for their loved ones’ medical needs. Brain injury settlements vary and will depend on the specific circumstances.
Brain Injury Damages
Settlement amounts will vary greatly, because brain injuries themselves can present a variety of symptoms, from moderate to severe. Broadly speaking, compensatory damages can be divided in either of the two following categories:
- Economic: This includes tangible losses, such as property damage.
- Non-Economic: This includes intangible losses, such as emotional distress.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
How to Calculate Brain Injury Damages
Economic damages. These are relatively easy to determine, because they include tangible costs, such as lost wages and medical bills. However, calculating lost earning capacity and future wages may be more challenging. The dollar amount will combine all these losses.
Non-economic damages. These are not as easy to calculate, as they are intended to compensate a victim for intangible losses, such as pain and suffering. It is a good idea to maintain a journal of any changes to your quality of life, such as memory loss or personality changes, since the injury occurred.
A settlement amount will combine both economic and non-economic damages. However, a brain injury victim may also be entitled to punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a brain injury case.
Examples of Brain Injury Settlements
- $26 million was recovered by a man in Florida who endured permanent brain damage after being struck by a commercial truck.
- $14 million was recovered by a woman who endured a traumatic brain injury after a faulty tire failed on her motorcycle.
- $7.5 million was recovered by a woman who was hurt in a car accident, was in a coma for 3 weeks, and then required 2 months of rehabilitation.
- $3.2 million was recovered by a truck driver in Virginia who suffered a traumatic brain injury while on the clock.
If your loved one has suffered a brain injury due to the negligent actions of another individual, West Coast Trial Lawyers has brain injury attorneys that focus on complex litigation, including catastrophic injuries to the brain. Our attorneys will provide you with legal advice, guidance, and handle every aspect of your case. We will also fight to get you the justice and compensation you deserve for your losses.