Partner
Brain injuries can result in permanent, life-altering changes requiring considerable medical care. A patient might be left with a lifetime of physical and mental impairment that affects both their professional and social life. However, if someone else was to blame for what happened, the patient could be owed compensation for the consequences.
Compensation for Brain Injury Victims
The reality is that no two brain injury cases are the same, so compensation packages will vary accordingly. Moreover, calculating certain types of losses in brain injury cases can be difficult, especially those related to long-term loss of earning capacity, loss of bodily functioning, and mental anguish. That being said, you could be entitled to money for the following:
- Medical bills. A settlement or award should include money for any emergency medical treatment and continuing medical care, such as prescription medication or rehabilitative services.
- Lost income. Compensation should also cover any income you missed due to your inability to work due to your injuries.
- Reduced earning capacity. A disabling brain injury may require you to work less or to change careers. A settlement or award can reflect any loss of future earning potential.
- Pain and suffering. New York also recognizes brain injury victims’ rights to recover compensation for physical pain and conscious suffering resulting from their injuries.
- Loss of convenience. A brain injury can impact your mobility, coordination, and ability to perform daily tasks or activities you enjoy. You can recover money in a settlement or court verdict for the loss of quality of life.
- Out-of-pocket expenses. A brain injury settlement or award may also include money for out-of-pocket expenses, like mobility equipment, alternate transportation, or home modifications to manage your condition.
A personal injury attorney can calculate the value of all your losses so you know exactly how much to ask for in a settlement agreement.
What Factors Affect Compensation in Brain Injury Cases?
Several factors will determine the amount of compensation you can receive in a brain injury case. These include:
- The severity of the injury. More severe brain injuries require more substantial medical treatment. For instance, a penetrating brain injury will often require surgery to remove the foreign object and repair the damaged skull. Debilitating brain injuries may also require extensive long-term care.
- The injury’s effect on work. A severe brain injury can permanently affect your ability to work, costing you work benefits and bonuses. Your compensation can reflect the differences between your pre-injury expected income and post-injury expected income.
- Your age. Younger victims may have to live with the consequences of a severe brain injury longer than older victims, and settlements and awards can reflect that difference.
- Social consequences of the injury. A brain injury may render you unable to care for yourself or cause significant personality changes, both of which can affect your social life and emotional well-being. Settlements will account for the extent of your suffering and loss of life enjoyment.
Remember, the onus is on the injured party to prove the extent and scope of their injuries. For that reason, it’s important to secure seasoned legal counsel to protect and assert your rights. A personal injury attorney can argue forcefully for your case and negotiate settlements with the relevant parties so that your award adequately compensates you for any injuries you have suffered. If the at-fault -parties won’t make a fair settlement offer, an attorney can take them to court and put your case before a judge or jury.
Contact Our Personal Injury Attorneys in Syracuse
A brain injury can drastically change your life, and you shouldn’t have to manage the consequences alone. The Syracuse brain injury attorneys at CDH Law PLLC can take on your case and fight for the full compensation you deserve. Contact our office online or call today for a free initial consultation.