A traumatic brain injury is devastating to your health. It can happen from something at work, a car accident, or even sports injuries. Concussions, blows to the head, and more can cause these debilitating injuries. The negligent person who caused that harm should owe you compensation, but how much do they owe? How is it calculated? There are a series of ways to determine how much an injured person should get in a personal injury case, but the amounts tend to be much higher for TBIs.
At Griffin Law Group, LLC, our skilled Texas personal injury lawyer knows what you are dealing with. He can help you calculate your claim’s potential worth and seek the compensation you deserve. He treats every case with individual attention and compassion, and can do the same for you.
Factors That Influence Compensation for Traumatic Brain Injuries
Calculating compensation for a TBI involves analyzing multiple factors. Courts and insurance companies consider both economic and non-economic damages.
Economic Damages
Economic damages include the types of expenses with a definitive dollar value to them. These typically include damages such as:
- Hospital bills
- Surgical costs
- Medications related to the TBI
- Ongoing therapy costs
- Physical rehabilitation
- Assistive devices and in-home care
- Lost wages
- Lost earning capacity
- Property damages from the accident
Non-Economic Damages
These compensate for intangible losses, such as:
- Pain and suffering
- Loss of enjoyment of life
- Impact on family relationships
- Emotional distress
Severity of the Traumatic Brain Injury
How serious your TBI is will make a big difference in your case:
Mild TBIs
These usually include injuries such as concussions. Many concussions eventually resolve and heal well. Compensation can help cover the short-term costs, lost wages, and some compensation for the pain you endured.
Moderate TBIs
Moderate TBIs can lead to memory issues and difficulty concentrating. They usually mean additional pain you went through. This leads to higher compensation in many cases.
Severe TBIs
A severe TBI can mean permanent brain damage. This might require lifelong care and major changes to the injured person’s daily life. It could even result in death. This usually increases the potential compensation significantly, as it has to pay for long-term care and loss of income for decades to come.
Evidence Used in Calculating Compensation
Attorneys and insurance companies use evidence to help determine how much compensation could be appropriate in a given case. This evidence could include, but is not limited to:
- Medical records
- Diagnostic tests
- Brain scans
- Treatment requirements
- Employment records
- Testimony from family members about the impact to the injured person’s life
- Accident reports
- Eyewitness accounts
Insurance Company Tactics in TBI Cases
Insurance companies use many different strategies to try to avoid paying these claims, or to downplay them in an attempt to pay less. These tactics commonly include:
- Saying that symptoms are not as serious as alleged
- Arguing that the injury is not related to the accident
- Offering a quick settlement hoping the family will take it
- Failing to account for long-term care
- Disputing future earning capacity
Victims should consult an experienced Houston personal injury attorney before accepting any settlement offer.
Calculating Future Costs
One of the most complex aspects of TBI claims is estimating future costs. Attorneys often work with economists and medical experts to project:
- Lifetime medical expenses
- Inflation adjustments for care costs
- Lost income over a victim’s expected career span
- Costs of home modifications, transportation, and assistive technology
These projections ensure that compensation reflects the true financial impact of a TBI.
Wrongful Death Claims
In tragic cases where a TBI leads to death, surviving family members may file a wrongful death claim. Compensation may include:
- Funeral and burial expenses
- Loss of financial support
- Emotional suffering and loss of companionship
Get Help from Houston Personal Injury Attorney with Your TBI
Traumatic brain injury claims can be difficult for the family going through them. They impact your daily lives and that of your entire family. The treatments can be expensive, and the injuries can be life-altering. You may be owed significant compensation from the party who caused your injuries.
Consult a Texas personal injury lawyer at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.