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.
These are not as easy to calculate, as they are intended to compensate a victim for non tangible 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% 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.