Traumatic brain injuries (TBIs) can have profound and lasting effects on an individual's life, influencing their overall quality of life. As a result, those affected by TBI often seek compensation for pain and suffering through personal injury claims. However, the potential compensation amount varies based on the facts of the TBI case. Insurers and courts assess many factors to determine compensation, making it challenging to assign a specific value. It is advisable to retain the help of a Jacksonville TBI lawyer to handle the interplay of these elements and undertake a thorough evaluation to accurately assess the value of your claim.
Read on to learn how several factors influence your potential recovery to give you a glimpse of what to expect in your case.
Factors That Influence TBI Case Compensation
The value of pain and suffering in a traumatic brain injury claim is closely tied to the details of the injury and its long-term consequences. Courts and insurers consider both tangible and intangible aspects when assessing the impact on a person’s life. While economic damages can be calculated with relative precision, pain and suffering are assessed more subjectively. However, there are several key factors that guide how insurers and courts evaluate the value of these non-economic damages. These include:
Severity and Nature of the Brain Injury
TBIs can be either minor, moderate, or severe, which has a direct bearing on the potential compensation awarded for pain and suffering. A minor concussion may go away in a few weeks without complication and is treated very differently from a severe brain injury. If you suffer from post-concussive syndrome, cognitive impairments, speech problems, or physical debilitation, those effects signal a deeper and more lasting disruption to daily life. The more pronounced and irreversible the injury, the greater the justification for your higher award.
Duration and Degree of Pain
Pain and suffering involve both the intensity and persistence of physical discomfort. Chronic headaches, sensitivity to light or noise, dizziness, and nerve pain are commonly reported after TBIs and may interfere with sleep, concentration, and physical activity. If your pain lingers beyond the initial recovery period and affects your normal functioning, it may significantly increase the pain and suffering valuation. Compensation tends to rise in proportion to how long you have endured and are expected to continue enduring pain.
Impact on Daily Functioning and Independence
A TBI may affect the ability to perform routine tasks without assistance, such as engaging in personal care. When the injury leads to a loss of independence or restricts you from returning to your former lifestyle, these limitations weigh heavily in determining pain and suffering. Courts consider how the injury has reshaped the person’s role within their family, household, and broader community. The loss of personal autonomy and disruption to social identity, particularly when permanent, can support a substantial award for your pain and suffering damages.
Psychological and Emotional Consequences
TBIs are mostly associated with mental and emotional changes, which is a key consideration when awarding damages for personal injury cases. If you experience mood disorders, depression, anxiety, irritability, memory issues, and post-traumatic stress, it may greatly affect your interpersonal relationships and your overall sense of self.
All the psychological impacts should be documented by a mental health professional and presented well because they are an integral part of the claim. If your case demonstrates how emotional distress has compromised your well-being and altered your capacity to engage with the world around you, you can secure a significantly higher settlement.
Age and Life Expectancy
How much you get for pain and suffering after a TBI has a lot to do with your age. If, at the time of the injury, you were younger with a longer life expectancy, you may have to face many decades of altered functioning and reduced life enjoyment. For example, the lifetime of chronic pain associated with TBI is considered a massive disruption of one's life and can yield a greater payout.
Conversely, compensation may be less in cases involving older individuals where the injury is unlikely to interfere with long-term employment or life milestones. Evaluation goes beyond assessing the present condition to projecting the potential toll over the remainder of your life.
Credibility and Supporting Evidence
Evidence is key to quantifying subjective losses. The quality of the evidence presented can significantly influence the outcome. For example, detailed medical records, neurological assessments, diagnostic imaging, and expert opinions can help establish the extent of the injury and its consequences. Jurors and claims adjusters rely on this evidence to understand the full scope of the injury. So, without a clear evidentiary foundation, your pain and suffering claims are more vulnerable to challenge or undervaluation.
How Can a TBI Lawyer Help?
TBI cases present unique challenges, especially when it comes to conveying the full scope of pain and suffering in court or to an insurer. A TBI lawyer’s help is key to strengthening your claim and maximizing the potential compensation. The roles of an attorney in your TBI case involve the following:
- Framing the Full Scope of Damages: A TBI attorney can articulate the impact of your injury and influence how your pain and suffering is recognized. Effective presentations rely on clearly showing how the injury changed your daily life, relationships, and mental health.
- Consulting Experts: TBI cases often require specialized input from neurologists, neuropsychologists, and occupational therapists. Your TBI attorney can coordinate these evaluations to develop a clearer picture of your injury’s consequences. For example, they can consult a vocational expert to help quantify how your cognitive impairment affects your future employment.
- Negotiations: Insurance carriers may offer early settlements that undervalue pain and suffering. A TBI attorney can assess whether an offer is reasonable based on your damages. They know how to apply legal pressure to improve the likelihood of securing a just outcome, including presenting your case in court to resolve it through litigation.
Involving a traumatic brain injury lawyer can significantly enhance the likelihood of obtaining fair compensation. They can build a robust case, negotiate effectively, represent you in negotiations, and help address the many challenges associated with TBI claims. With proper legal guidance, you can properly value your TBI claim and secure financial resources to help reclaim your life.
Work With a TBI Lawyer for Adequate Compensation
If you suffered a TBI due to another party’s actions, you can get compensation that reflects your pain, disorientation, emotional instability, and loss of independence. While every TBI case presents its unique challenges, proper legal guidance can help you seek an outcome that addresses the true impact of your suffering. Discuss your TBI case with a experienced personal injury attorney to understand how you can seek compensation that reflects your injuries.