Traumatic brain injuries (TBI) can be devastating. TBI can cause mental and physical impairments that can be life changing and permanent. Since most TBIs impact the ability to lead a normal, it is important that you receive the full value of your injury. Many times insurance companies will try to lowball you or just pay for part of your damages, which can cause you serious financial hardship down the line. Working with an attorney that specializes in TBI can help ensure that you get the full value of your TBI case.
Types Of Damages In A TBI Case
Depending on the unique circumstances of your injury, there are several types of damages you can pursue in a TBI case including:
● Medical Treatment: The primary damage in any personal injury case in medical treatment. In TBI cases, medical treatment includes both past, present, and future medical treatments. It covers everything from emergency room visits to prescription pharmaceuticals to physical therapy.
● Lost Wages: Lost wages cover the income you lost while you were receiving medical treatment or recovering from your injuries. Lost wages may also include the value of your benefits like retirement, bonuses, and insurance.
● Loss of Earning Capability: If your TBI is so severe that you can no longer perform your normal job, you may qualify for loss of earning capacity. Loss of earning capacity can include everything from wages to benefits to even projected earnings over your lifetime.
● Pain And Suffering: Pain and suffering is a financial value for the physical pain you have endured as a result of your TBI.
● Emotional Distress: Emotional distress is often hard to quantify but in cases where a TBI has caused significant damage to your life and triggered mental health issues like depression and anxiety, you may qualify for compensation.
● Loss Of Enjoyment: If your TBI has impacted your ability to enjoy your normal hobbies and lifestyle, you may qualify to receive compensation. Loss of enjoyment is mostly awarded in severe cases.
● Loss Of Consortium: Loss of consortium is a compensation for the damage your injury has inflicted on your relationships. Loss of consortium is usually awarded in wrongful death cases, but if the TBI injury has made it difficult for you to maintain your family relationships, you may also qualify for this damage.
● Punitive Damages: Punitive damages are a type of compensation for victims of gross negligence. If you injury was the result of a crime or if the defendant could have prevented the injuries, you may qualify for punitive damages. Punitive damages are rarely awarded without the help of an attorney to prove gross negligence.
How To Calculate The Value Of Your TBI Damages
Considering all the different damages that may be available to you, it’s not advisable that you try to calculate the value of your settlement on your own. Instead, you need to work with an experienced TBI attorney. An experienced attorney will review the full details of your case within the context of Florida injury laws and from there determine what the full value of your case may be. Even if the insurance company is offering you a settlement that seems like a good amount, you shouldn’t take it until you’ve had an attorney calculate the value of your claim. Insurance companies always try to lowball TBI victims, so they will not include all the possible damages you could be awarded.
In order to truly understand the value of your TBI claim, speak to the attorneys at Shapiro, Goldman, Babboni, Fernandez, and Walsh. We have nearly a century of combined experience getting Florida accident victims the full value of their claim. We specialize in TBI injuries to ensure you get the best representation possible in your case. Contact us today for a free consultation to learn more!