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1.5.2023

What Types of Damages Can TBI Victims Receive?

Written by: Ercolani Law Group

Receiving Financial Recovery After a Traumatic Brain Injury

Thousands of people suffer non-fatal traumatic brain injuries each year in California. In some cases, those traumatic brain injuries or TBIs are caused by another person’s negligence or wrongdoing. In those instances, the TBI survivor may be entitled to compensation for their injuries.

At Ercolani Law Group, we provide dedicated advocacy for traumatic brain injury survivors. Our lawyers have secured millions of dollars on behalf of clients throughout California. We work tirelessly to ensure that TBI survivors and their families receive the maximum compensation allowed by law. 

If you sustained a TBI after an accident, contact our office at (805) 338-6880 to request a free consultation. 

What Kinds of Damages Will I Receive After a TBI?

One of the first questions you may have as a survivor of a traumatic brain injury is what kind of damages you will receive. TBIs can affect nearly every aspect of your life, making it difficult for you to take care of yourself or your family. You might be unable to work or be in extensive therapy. Without assistance, the financial burden is often too much for most people to bear. 

In TBI cases caused by another person’s negligence or wrongdoing, you may be entitled to economic and non-economic damages. The best way to ensure that you receive the compensation you deserve is by hiring a traumatic brain injury lawyer to represent you. 

What Are Economic Damages in a TBI Case?

Economic damages are designed to compensate you for your out-of-pocket, injury-related losses. They are generally quantifiable and easy to calculate.

Economic damages in a TBI case may include compensation for:

  • Current and future medical bills. Many people assume that they are only entitled to their current medical bills, but a skilled attorney can help determine what the future cost for care and treatment may be for your TBI. 
  • Lost wages. Traumatic brain injury survivors are usually entitled to financial recovery if they are unable to return to work. Lost wages can be proved through income documents such as a W2 or pay stub.
  • Property damage. If your vehicle, home, or other property was damaged in the accident that caused your TBI, you may be entitled to compensation for the cost to repair.
  • Loss of earning capacity. As with medical bills, TBI survivors are not only entitled to their current lost wages they are also able to collect damages related to a loss of future earnings if they are not able to fully return to work or have a diminished capacity.

While calculating economic damages may seem straightforward, it is in your best interest to have your claim reviewed by an attorney as early as possible. Unrepresented injury victims often end up settling their cases for less than they are worth.

What Are Non-Economic Damages?

Non-economic damages in a traumatic brain injury case are harder to calculate. They are damages designed to compensate an individual for personal losses. These damages usually must be determined by an expert in the field.

Non-economic damages in a TBI case may include compensation for:

  • Pain and suffering. TBI survivors may be entitled to compensation for their physical pain and emotional suffering.
     
  • Mental anguish. A traumatic brain injury may deeply affect a person’s mental health and well-being including causing depression, anxiety disorders, fear, and more.
  • Disability. If the brain injury left you temporarily or permanently disabled, you might be able to collect damages related to the severity of the impairment.
  • Loss of enjoyment of life. Due to the widespread impact that a TBI can have on a person, they are often entitled to compensation for loss of enjoyment of life. It is usually awarded in cases where the injured victim is unable to return to the activities or lifestyle they had before their injury.

In limited circumstances, a TBI survivor may be entitled to punitive damages in addition to compensation for their economic and non-economic losses. Punitive damages are designed to punish the defendant for their egregious behavior.

Contact Our Office to Speak with a TBI Lawyer Today

Did you or a loved one sustain a TBI due to someone else’s wrongdoing? Contact our office at (805) 338-6880 to schedule a free consultation. Let us help you get the compensation you need and deserve after a brain injury.

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