What Kinds of Damages Are Available in a Brain Injury Case?

 Posted on May 21, 2019 in Personal Injury

Head injuries are tricky. Sometimes a person falls and bumps their head and all they are left with is a small bruise or mild headache. However, sometimes life-threatening brain injuries can be caused by just a simple accident. Slipping on a wet floor can cause someone to fall backwards and hit the back of their head which causes a brain bleed. A fall from an electric scooter onto concrete could also cause a serious brain injury.

Brain injuries can happen for almost any reason. When these injuries are caused by negligence, the injured person or his or her loved ones may be able to receive compensation for their damages.

When Are Damages Awarded?

If an injury-causing accident was the result of another party’s reckless or negligent behavior, the injured person may consider filing a personal injury lawsuit. In order to bring a successful civil suit, the injured person and his or her attorney will need to prove several things. Firstly, they must show that the negligent party had a duty to the person harmed and that this duty was not upheld. For example, anyone driving a motor vehicle has a duty to obey traffic laws. A drunk driver who causes an accident is not fulfilling this duty. Next, they must prove that the negligent party’s action was the cause of the harm. Lastly, they must prove that the victim suffered calculable damages.

How Are Damages Calculated in a Brain Injury Case?

While each brain injury case is different, damages are most often calculated based on the following factors:

• The severity of the brain injury;
• Whether or not there is temporary or permanent brain damage;
• The extent to which the brain injury disables the victim;
• The cost of the medical care the victim has already received;
• The estimated cost of the victim’s ongoing and future medical care;
• The amount of wages lost due to missed work;
• The pain and suffering the victim endured; and
• Whether or not the victim is able to recover punitive damages.

Contact a Winnebago County Brain Injury Attorney

When a brain injury is caused by the illegal, irresponsible, or negligent actions of another, it is only fair that the negligent party be held responsible. For more information about how a personal injury suit can help you recover costs associated with a brain injury, contact an experienced Rockford, Illinois personal injury lawyer from Mannarino & Brasfield, A Division of Schwartz Jambois. To schedule a free consultation at our office, call us at 815-215-7561.

Source:

https://www.webmd.com/brain/brain-damage-symptoms-causes-treatments#1