Brain injuries are very traumatic injuries that take place in 1.4 million people in the United States every year. The reasons for these accidents include car accidents and sports activities and so much more! The most important thing to remember is that many brain injury lawsuits will take place due to somebody else’s negligence. If one wants to pursue a lawsuit against another party, they must prove that the law required the defendant to be reasonably careful in any given situation, that the defendant failed to act with this care, that the action was the cause of injuries, and that the plaintiff suffered injuries or losses that are measurable under the law. Lawsuits are a good way to determine if somebody can be held liable for a traumatic brain injury caused in an accident.
The problem with being involved in a brain injury accident is the fact that many of these people suffer memory loss from their injuries. The attorney you work with will likely have many questions for you about how the accident occurred that caused your injury and what you remember about the accident. It is okay if you don’t recall all of the details surrounding your accident – this is a frequent occurrence. Most of the evidence that should be recovered includes witnesses, accident reports, and newspaper articles. These will be very helpful in making your claim.
Types of Damages and How to Calculate Them
When it comes to brain injury cases, there are two general types of damages, which include:
- Special Damages: These economic losses are damages in which money is comparable to what has been lost due to the accident. These damages include things like lost wages, lost earning capacity, medical expenses, funeral and burial expenses, and property damages.
- General Damages: These non-economic losses are losses in which money is only a substitute. These damages include physical pain and suffering, humiliation and embarrassment, shock and mental anguish, emotional distress, and more.
In the state of California, compensatory damages come into play. These are awarded to compensate for monetary and emotional costs alike. There are no limits on these damages in the state of California, which means that if you can prove the amount of damages in the case, you are eligible for recovery.
When it comes to calculating your damages, the following can be done in the case of a brain injury claim:
- Calculating Special Damages: Keeping detailed records can make this process easier, at is it more difficult to calculate for future wages and earning capacity than it is for things like medical expenses and recently lost wages.
- Calculating General Damages: It is true to note that a minor bump on the head or a scrape will not garner as much in pain and suffering as something as serious as a concussion or a brain injury. This means that you should always practice proper note-keeping of the pain you suffer, such as headaches or emotional harm.
- Adding the Damages Together: You can figure out the total value of your claim by adding up your special and general damages.
- Adjusting Value: You should adjust the sum of the damages based upon the expenses you won’t incur and risks you will avoid by not attending a trial.
- Comparing Verdicts: Look into other settlements on head injuries and supplement what you have come up with to compare. Insurance adjusters should do this as well.
These types of personal injuries can be a very complex process. This is why it is best to have an attorney by your side to back you up when the going gets tough! Contact WTW today to talk to an attorney you can trust about where to turn in your brain injury case, so you can get the compensation that you deserve.