The impact of having a traumatic brain injury on you and your family can last a lifetime. Depending on the severity of your injury, you may face financial stress due to ongoing medical treatments and limited ability to work. When the TBI is the result of someone else’s negligence, you can file a lawsuit against the liable party to help recover these costs.
The amount of compensation you deserve for your brain injury is unique to everyone and depends on the variables of your case. Our Michigan brain injury lawyers can help you determine the amount of compensation you are entitled to and ensure you receive a fair settlement.
What Factors Affect Your Brain Damage Settlement?
Your compensation for your brain injury is determined by various factors, including the severity of your injury and ongoing medical treatments.
The severity of your brain injury
Traumatic brain injury can cause mild to moderate symptoms, including:
- Memory and reasoning problems
- Loss of touch, taste, and smell sensations
- Inability to communicate
- Emotional changes such as depression, anxiety, and personality changes
Your doctors may use various tests such as an MRI (magnetic resonance imaging) test to evaluate whether you or a loved one has experienced a traumatic brain injury (TBI) and make a diagnosis. These evaluations help support your claim by detailing your brain injury’s emotional and physical effects.
Depending on the extent of your traumatic brain injury, your medical treatment may become costly. For a severe brain injury, you may require surgery to remove blood clots in the brain and relieve pressure in the skull. You may be entitled to a settlement for the cost of hospital stays. A longer hospital stay can result in greater compensation.
Prescription drugs and rehabilitation
Your recovery may include physical therapy, rehabilitative services, and prescription drugs. Nursing care or assistive devices such as a wheelchair may be more expensive if you need round-the-clock care.
Ongoing emotional and cognitive counseling
Brain injuries can also exacerbate anxiety, depression, and post-traumatic stress disorder. Counseling may help you gain coping skills, enhance your relationships, and improve your overall emotional well-being.
Cognitive therapy may also help you achieve improved memory, attention, perception, learning, planning, and judgment skills.
What Damages Can Brain Injury Victims Recover?
You may recover economic and non-economic damages for your personal injury case, depending on your circumstances. Your lawyer can ask you for all expenses related to your injury to estimate how much you may be entitled to recover.
Economic damages for your brain injury settlement
The economic damages you may recover as part of your settlement include:
- Current and future medical expenses: Additional physical, rehabilitative, and psychological counseling are considered for your medical expenses. A brain injury attorney with experience handling traumatic brain injury cases can consider your past and future treatments when evaluating what your case is worth.
- Loss of wages: Approximately 60% of TBI patients cannot return to work. Another 35% work part-time jobs.
- Loss of earning capacity: Loss of earning capacity is an important consideration if your brain injury limits your future earning potential. Your lawyer reviews your employment history and employment records to provide a realistic estimate of your lost future earnings.
Non-economic damages for your brain injury settlement
There is no set amount for non-economic damages. The monetary value of these losses depends on the facts of the individual’s case. The non-economic damages may include:
- Pain and suffering: You may be able to sue for pain and suffering compensation if you suffer a serious impairment of your body’s functions. Your family members can testify about how your injury has affected you.
Testimonies from your healthcare providers, receipts of your medications to help with the pain, and medical records show the full extent of your suffering.
- Loss of enjoyment of life: Loss of enjoyment of life describes any injury resulting in the inability to participate in activities and hobbies you previously enjoyed. If you cannot participate in activities you engaged in before your injury, you may be entitled to compensation.
- Emotional distress: When you suffer emotional distress due to an injury, you may be able to sue for damages. Witness testimony, medical records, and other accident-related evidence can all be used as evidence of mental distress.
Contact Fieger Law for an Estimate of Your Brain Injury Compensation
A brain injury lawyer must thoroughly examine the facts and circumstances of your case to estimate the economic and non-economic damages in your claim accurately.
The Fieger Law team includes experienced brain injury lawyers who can assist you with questions about economic or non-economic damages. Anyone in the U.S. can contact our law office to arrange a free consultation to discuss the value of their TBI claim.
Our successful verdicts include:
- $25 million to a 24-year-old Detroit man who suffered brain damage and other injuries while on a worksite
- $3.5 million in a medical malpractice case where the plaintiff suffered brain damage from an MRI study
Our compassionate team has the expertise and resources to fight for your rights and the compensation you deserve.