Damages For Traumatic Brain Injury

Posted on: 25 March 2018

A traumatic brain injury is one of the most devastating injuries you can experience in an accident. Here are some of the factors that determine how much you can recover from the ensuing injury claim:

The Severity of the Brain Injury

The severity of a brain injury depends on various factors such as the amount of force that caused the injury and the exact part of the head impacted. For example, a penetration brain injury, which is caused by an object that penetrates into the head, is likely to be more severe than a mild concussion. You will probably need an expert witness to prove how severe your injury is so that you can be compensated accordingly.

The Effect of the Injury on Your Life

The effects of brain injury are many and varied, and sufferers don't always experience the same effects. Here are some of the common ways in which a brain injury may impact your life:

  • It may make it difficult for you to walk or use your arms. This may make household chores difficult or impossible for you.
  • It may create an emotional imbalance on you and make it difficult to relate or enjoy companionship with your loved ones.
  • It may make it difficult for you to speak. This may permeate all aspects of your life where speaking is important.

The Effect of the Injury on Your Work

Most of the effects of brain injury on your life will also extend to your work. For example, if you were a truck driver but now you can't use your limbs, it will be difficult for you to continue with your previous work. Another example is a lecturer whose brain injury has impaired their memory ability; continuing with the lecturing position would be difficult under such conditions.

Any Pre-Existing Injuries

If you were not perfectly in good health before your brain injury, then the preexisting health conditions will also influence your damages. This is especially true if your preexisting conditions were also head/mental related and has overlapping effects with your brain injury. In such a condition, the defendant may argue that some of the brain injury effects you are claiming are actually due to your pre-existing conditions.

The Prognosis of the Injury         

Some brain injuries completely heal after some time while others don't improve much. The only person who can tell which direction your brain injury will take is your doctor or an independent medical doctor who specializes in brain injuries. Your damages are likely to be significantly higher if your doctors think your injuries are likely to be permanent. Talk with a personal injury attorney like Kilgore Smith LLC if you think you have a case.