What are the areas of compensation for a brain injury?

Following a motor vehicle accident, a fall, a workplace accident, or a similar incident that causes a traumatic brain injury (TBI), it is only natural to expect compensation from any individuals or companies that were responsible in causing the incident. The medical bills for brain injury treatment can pile up quickly and, therefore, you may initially think of medical expenses when you consider seeking compensation in a brain injury claim. You may not realize that the law entitles brain injury victims to compensation for more than just medical bills.

While the exact type of compensation will vary from case to case, the following are some areas of compensation that can be available in a brain injury claim.

Special Damages

Special damages are also commonly referred to as economic damages because they provide compensation for the tangible and financial losses that result from a brain injury. These financial losses can include:

Medical treatment, including all costs of emergency transport, emergency trauma care, diagnostic tests, surgeries, hospitalization, rehabilitative therapy, neurologists visits, and more.
The estimated costs of all future therapy, medical equipment, and treatment necessary if your brain injury requires ongoing care.
Income and benefits lost if your brain injury recovery kept you from working for a period of time.
Estimated value of future lost earnings and benefits over the course of your expected life if your injury will keep you from ever returning to your position or if it limits your professional capabilities.

General Damages

General damages refer to the area of compensation for intangible losses. These losses can be difficult to quantify, but the law does allow for an award for intangible damages, especially in cases of severe traumatic brain injuries with long-lasting symptoms. Some examples of general damages include:

The amount of physical pain and suffering a brain injury victim experiences due to symptoms of the injury.
Emotional and mental distress resulting from the accident or from the effects of the injury itself.
Long-lasting or permanent impairments or disabilities caused by the brain injury and the loss of enjoyment of life caused by these limitations.

Punitive Damages

In some cases, this type of damages is available even though it does not compensate a victim for any specific losses. Instead, punitive damages are intended to add punishment for behavior that is particularly dangerous or egregious. Cases that may involve punitive damages may arise out of the following:

Acts of violence including stabbings, shootings, and other assault;
Drunk driving accidents;
Road rage accidents;
Other accidents that show a high disregard for human safety.

Because this area of compensation is not directly correlated to a specific loss, the amount can vary significantly in individual brain injury cases and Maryland courts scrutinize punitive damages in many decisions.

Find Out How a Baltimore Brain Injury Attorney From The Casper Firm Can Help You

If you would like more information about the compensation available following a traumatic brain injury, you should call The Casper Firm in Baltimore for a free consultation as soon as possible.