What Are the Types of Damages Awarded in Traumatic Brain Injury Lawsuits?

car accident, car crash, car hood smashedPeople involved in serious car accidents can suffer traumatic brain injuries. These injuries can cost hundreds of thousands of dollars in lost wages, medical bills and other expenses. The costs become especially problematic for those injured or disabled because of a negligent driver. The only way for these injured parties to recoup their expenses is by pursuing the at-fault driver.

Damages Awarded in Traumatic Brain Injury Lawsuits

The injured also have rights to recover other damages. An experienced lawyer that specializes in brain injury lawsuits is best equipped to help you recover everything owed to you. Many injury cases involve incidental damages to cover expenses that arose from the accident. They also commonly involve special damages, including lost wages and medical bills. An experienced brain injury attorney also knows best how to help you collect future, compensatory, and in cases of extreme negligence, punitive damages.

Future damages

Those who suffer brain injuries often find themselves suffering from a permanent disability. These damages cover projected loss of income and similar costs that are reasonable to expect when a permanent brain injury occurs.

Compensatory Damages

Many brain injury victims pursue compensatory damages. Courts award these damages to accident victims for things such as disability, pain and suffering, mental anguish and other intangible things that are associated with a traumatic brain injury.

Hedonic Damages

The term “Hedonic Damages” refers to compensation for the loss of enjoyment in life. Many brain-injured victims can never lead a normal life again. Depression is a common result. Hedonic damages are difficult to win, primarily because of the difficulty in placing a value on personal happiness. A competent lawyer will know best how to prove your case and show that it fits the criteria defined by state laws for hedonic damages.

Punitive Damages

When a negligent party’s behavior is exceptionally reckless, a court may award punitive damages. These damages serve as punishment and set an example to deter other people from committing similar malicious, evil or remarkably fraudulent acts. In some jurisdictions, only a portion of punitive damages goes to the victim.

The burden of proving the court should award such damages falls on the shoulders of the injured party. A competent brain injury lawyer will know how to show the preponderance of evidence needed to convince the court. Punitive damages are important to making sure the at-fault party never causes an injury like this to another person.

Proving damages in a lawsuit is a challenge. Those suffering from brain injuries will benefit from an attorney who specializes in traumatic brain injuries. These attorneys understand the different damages a jury might award and how to prove them in court.

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If you or someone you know was seriously injured in an auto accident, please contact our office for a free consultation. We will evaluate your case at no cost and show you how our competent staff of personal injury lawyers can help you recover the compensation you justly deserve.

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