Available Damages for a Traumatic Brain Injury

Answer:

When we have a client come in and they’ve told us about their accident and how it’s affected their loved one, particularly when it’s a traumatic brain injury, there are many different areas of recovery and damages that can be recovered in this type of case. It really depends on the nature and severity of the traumatic brain injury. If it’s a significant brain injury and one that requires significant amount of care, then there are many different areas of compensation and damages that can be recovered. For the most part, generally we have certain types of damages in Florida that can be recovered. They begin with what are called special damages or monetary damages in terms of expenses that have been expended already and that may be expended in the future. A big source of that is past medical bills. Have you received a treatment that you need? You’re going to accumulate medical bills and costs for the therapies, for the hospital stays. Any kind of medical treatment and therapies that you need in the future, those can be wide ranging. If it’s a significant brain injury, you may need to take into consideration that you will need specialized care for the rest of your life. This could mean in-home care. It may be care at a facility, transportation needs. All of those things are put together in the past and future medical costs, which depending on your case, could be significant. The other type of damage is past, present, and future pain and suffering. Those could be significant in a type of brain injury cases. The reason why is it’s your brain. It’s not a broken bone that’s going to heal right away or going to heal back to 100%. If it’s something that’s affecting your brain, it could affect you personally. It could affect your personality, which could affect your relationships with your loved ones, with your wife, children, parents. All of this has to do with the compensation in terms of pain and suffering. How have you suffered as an individual? How have you suffered as a changed individual? How have you suffered as a result of this traumatic brain injury? All of those things are put together to arrive at the collective things that you can claim for damages. Again, you have the monetary damages, which are the medical costs in the past and the future, and there are also the more emotional ones such as the pain and suffering in the past and in the future. Many of these brain injury cases that we’ve dealt with are permanent in nature, so the damages that are recoverable in both the medical field and the emotional side can be significant. It’s very important to get an attorney on your side that is knowledgeable in these types of cases and they know all of these damages and the best way to gather all the evidence and to establish the case for you in terms of setting those damages so that you can recover the best possible outcome. If you have any other questions about traumatic brain injuries and damages, please don’t hesitate to contact our office.