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Brain Injury Lawsuits: How Much Is Your Case Worth?

Brain injuries can cause permanent physical and mental damage. Determining the value of a person's injuries can often be complicated.

Generally, damage awards in a personal injury case include two types of damages: compensatory damages and punitive damages. Punitive damages are typically reserved for cases in which a defendant's actions justify a monetary punishment as opposed to simply compensating a victim, and are generally awarded at the discretion of a judge or jury.

In most injury cases, the value of your case will largely depend on the amount of compensatory damages you are awarded. How are these damages calculated in a brain injury lawsuit?

Calculating Damages

There are a number of different factors that may contribute to the amount of damages a court determines were caused by an accident or injury. In a case involving brain injuries, it may be important to consider not just damages that have already occurred, but also those that are likely to occur in the future as a result of a brain injury.

For example, lost wages from work missed following an injury are one common type of damage recoverable in a personal injury lawsuit. But in a brain injury lawsuit, it will also be important to show the loss of future earning capacity due to the long-term physical, mental, and emotional effects of a brain injury.

Other Types of Compensatory Damages

Lost wages and future earning capacity are just two of many potential factors in a damages calculation. Some other common sources of damages include:

  • Medical expenses. These may include not only the cost of treatment following an accident or injury, but the need for future medical expenses as well.
  • Pain and suffering. Pain and suffering damages allow a plaintiff to recover for both past and present mental and physical anguish suffered as a result of an injury.
  • Loss of enjoyment. Sometimes included in pain and suffering damages, loss of enjoyment damages, also known as hedonic damages, compensate a plaintiff for a loss in quality of life.

Of course, each brain injury case is different, which is why you'll want to consult an attorney about the best way to pursue compensation. To learn more about brain injury lawsuits, head over to FindLaw's section on Brain Injury.

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