Is there a limit to the amount of damages I can collect in my traumatic brain injury lawsuit?
Many different things affect the damages amount in a traumatic brain injury case. And although a lawyer probably won’t promise to get you a particular amount, experience allows many lawyers with brain injury lawsuit experience to make good estimates of what your case is worth. Many elements are factored into a brain injury damages estimate, including:
(1) How severe your brain injury is
(2) How the brain injury affects your life
(3) Whether you were partially at fault for the incident that caused your injury
(4) Your past medical history
(5) Your pre-existing injuries
(6) How much your future medical care is going to cost
(7) How much you will lose in wages due to your injury
(8) Whether you will be able to recover punitive damages (if you were injured intentionally)
The greater the difference between your quality of life before the brain injury as compared to after the injury, the higher your damages can be. For example, if you were a stockbroker making $250,000 per year and now you are barely able to communicate, your damages will be higher than a retiree who was already suffering from the initial stages of Alzheimer’s disease.
Many states have passed tort reform measures that significantly limit what an injured person is able to recover in a personal injury lawsuit. For the most part, these statutes limit non-economic damages (pain and suffering) and punitive damages.
If you or someone you know has suffered a traumatic brain injury, seek the advice of a personal injury lawyer right away.
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