Recovering Damages for Brain Injuries

When to Seek Legal Representation After an Accident

Have you or a loved one suffered a traumatic brain injury due to an accident? If so, seeking legal representation is crucial to help you recover the compensation you deserve. Not only can a brain injury have severe physical and cognitive effects, but it can also result in mounting medical bills and lost wages.

In this blog post, we'll define what a brain injury is, explain why seeking legal representation is important, and provide an overview of the types of damages that may be recovered in a personal injury claim. Our goal is to provide you with informative and helpful information so that you can make informed decisions about your legal options.

Common Brain Injuries That May Be Sustained in an Accident

At our personal injury law firm, we understand how devastating brain injuries can be for both the injured person and their loved ones. Brain injuries can range from mild concussions to more severe traumatic brain injuries that may require ongoing medical care.

Some of the most common brain injuries sustained in accidents include:

  • Concussions
  • Skull fractures
  • Cerebral contusions
  • Diffuse axonal injuries (DAI)
  • Traumatic brain injuries (TBI)
  • Penetrating brain injury
  • Second impact syndrome
  • Hypoxic brain injury

It's crucial to seek medical attention immediately after an accident to receive a proper diagnosis and treatment, as well as to document all medical records for a potential injury claim. If you or a loved one has suffered a brain injury after an accident, please do not hesitate to contact our firm for a free consultation to see how we can help you obtain fair compensation for your damages and losses.

Economic vs. Non-Economic Damages

When pursuing a personal injury claim for a brain injury, it is important to understand that compensation will most likely be sought for both economic and non-economic damages. Economic damages refer to the monetary losses suffered as a direct result of the injury. In contrast, non-economic damages refer to the emotional and physical toll the injury has taken on the victim.

Economic damages may include medical expenses related to the brain injury, such as hospital bills, doctor visits, medications, and ongoing treatment costs. In addition, lost income and future earning capacity may also be considered when determining economic damages. This may include compensation for time missed from work, as well as any future income that may be lost due to the injury. Rehabilitation and therapy costs are also commonly included as part of the economic damages, as is the cost of any assistive devices needed to help the victim recover or live with their injury.

Non-economic damages may be more difficult to quantify, as they are often intangible losses that are not easily measurable. These may include pain and suffering experienced as a result of the brain injury, as well as emotional distress and psychological trauma. Victims may also experience a loss of enjoyment of life due to their injury and a loss of consortium, which refers to the impact the injury may have on their relationship with their spouse or partner.

What About Punitive Damages?

Punitive damages refer to a monetary award that goes beyond the compensation for actual damages and is intended to punish the defendant for their wrongful behavior. Unlike compensatory damages, which are used to help support the plaintiff in their recovery, punitive damages aim to deter the defendant and others from engaging in similar wrongful conduct in the future. Punitive damages are usually granted only when the defendant's actions were especially egregious or malicious.

Golomb LegalIs Here to Help Injured Victims

Suffering from a brain injury can be a life-altering experience, both for the victim and their loved ones. That’s why working with a personal injury lawyer with experience handling such complex cases is essential. With their help, you can gather the necessary evidence to support your claim, negotiate with insurance companies, and have someone to represent you in court if necessary.

At our Philadelphia-based law firm, we have been helping victims of brain injuries for over 35 years. We understand the physical, emotional, and financial toll these injuries can take on individuals and their families. Our personal injury attorneys are dedicated to providing you with the legal representation you need to get the compensation you deserve.

Contact us today to schedule a consultation.