How Is Pain and Suffering Calculated in a Traumatic Brain Injury Case?
One of the most severe types of injury a person can suffer is a traumatic brain injury. This is because the brain, in spite of being tasked with controlling the function of all the body's systems, organs, and responses, has only a limited ability to heal after injury. Traumatic brain injuries have a high likelihood of producing serious disabilities, including memory loss, an inability to move in a coordinated manner, difficulty controlling behavior or impulses, difficulty communicating, and more.
If you or a loved one have suffered a brain injury, you might be wondering how pain and suffering are calculated in a traumatic brain injury case. The traumatic brain injury lawyers at Zucker & Regev, P.C. in Brooklyn, NY, can help you calculate the extent of your damages and recover fair, full compensation.
What Is Considered Pain and Suffering?
In the legal field, the word "damages" refers to the compensation you receive for the expenses and impact of your injury. In Brooklyn personal injury cases, pain and suffering is the category of damages that involves how your injury has impacted your quality of life. Certainly, the physical pain you have endured as a result of your injury and subsequent complications is a part of this. Also included are:
- Emotional distress caused by the injury, including distress over the expenses of your injury. Traumatic brain injuries result in lifetime medical costs of between $85,000 to $3 million, with an unemployment rate of about 60 percent for brain injured adults two years after injury.
- Loss of the ability to participate in activities you previously enjoyed due to the impact to your impulse control, mobility, or ability to communicate.
- Loss of consortium, which are damages collected on behalf of the injured person's spouse for the loss of physical intimacy and companionship that can be experienced after a serious injury.
How Is Pain and Suffering Calculated in a Traumatic Brain Injury Case?
Pain and suffering damages in traumatic brain injury cases are generally calculated through a formula involving the total amount of expenses involved in treating your injury multiplied by a number between 1.5 and 5. The more serious the injury is, the higher the number used. However, it should be noted that all brain injuries are considered serious due to their propensity to cause permanent disabilities.
Factors that Can Impact the Value of Your Pain and Suffering Damages
The value of your pain and suffering damages, and your claim overall, can be impacted by factors such as:
- The amount of insurance the at-fault party has.
- Your age at the time of injury and where you are at in your career.
- Your patience in the negotiation process. Pain and suffering damages are likely to be disputed most by the at-fault party's insurance provider and require specific types of evidence to prove. It will likely take some time for your attorney to negotiate a fair settlement offer that ensures enough pain and suffering damages to compensate you.
How Zucker & Regev, P.C. Can Help with Your Case
An experienced Brooklyn traumatic brain injury lawyer from Zucker & Regev, P.C. can help accurately determine the value of your claim and fight aggressively on your behalf to assist you in obtaining the highest amount of compensation available to you in your case. We have been fighting for the insured in all types of personal injury cases for more than 30 years, with a special focus on assisting those who have suffered traumatic brain injuries. Contact us online for your free case evaluation, or by calling (718) 624-1211.