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How Compensation Is Calculated for Brain Injuries

Updated: May 1

A personal injury case is a legal process of seeking compensation for injury or property damage caused by another. One type of personal injury case of note is that of traumatic brain injuries. A traumatic brain injury is one that alters or impairs the brain's normal function, and many situations can cause it. It can leave the injured with life-long symptoms, loss of work, personal suffering, and trouble or inability to perform basic tasks.

The Three Types of Damages

To evaluate the compensation one may receive for a traumatic brain injury personal injury case, the legal system will consider three types of damages or compensation. These three damages are general, special, and punitive damages. Both general and special damages are monetary compensatory damages meant to help compensate the plaintiff and regain their life pre-injury as much as possible. Punitive damages punish the defendant for causing the injury due to recklessness or negligence.

Special Damages

Special damages are compensation for direct economic losses to the plaintiff due to the traumatic brain injury. This can include loss of work and earnings, both past and future, medical bills, past and future, and ongoing care. Special damages will likely depend on the severity of the traumatic brain injury. A mild concussion might not cause a long absence from work, or incapacitating medical costs, while a severe injury will have long-lasting or lifetime effects.

General Damages

General damages monetarily compensate the plaintiff for non-economic damages related to the traumatic brain injury. In this category, damages include pain and suffering, mental anguish, emotional distress, and loss of consortium or companionship.

Punitive Damages

The final type of damages is punitive damages, which are awarded only when the defendant's negligence is particularly malicious or reckless, and those actions directly caused the injury. These are meant as a deterrent to the defendant and those that may emulate their behaviors.

A traumatic brain injury can change the course of a person's life. If you or a loved one have sustained a traumatic brain injury, please contact an attorney to discuss your personal injury case.

Our attorneys at Gomerman | Bourn & Associates are experienced in personal injury claims. We understand how a traumatic brain injury can affect your life and will work to get you the compensation you deserve. Call 415-545-8608 for a free case evaluation today!

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