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Compensation For a Brain Injury

shutterstock_337301705A brain injury can vary in severity, from a little bruising to concussion or even a fractured skull. Even a fairly minor head injury can have serious implications on your long-term health. The more serious injuries can affect your quality of life and cause permanent disability or death.

A brain injury can be caused by any kind of accident, from clinical negligence to car accidents, workplace mishaps and physical assaults.

Types of Head Injury Damages

When it comes to head injury cases, there are basically two types: general damages and special damages.

Special Damages

These are economic losses for which compensation is comparable to what was lost. Special damages can also be referred to as the “out-of-pocket” loss rule, and include:

  • Property damages
  • Medical expenses
  • Lost wages
  • Burial and funeral expenses in the case of wrongful death
  • Lost earning capacity

General Damages

These are known as non-economic losses and they are those losses for which money is simply a rough substitute. These damages include:

  • Loss of reputation
  • Physical pain and suffering
  • Loss of companionship and society
  • Embarrassment and humiliation
  • Emotional distress
  • Loss of consortium which is a claim made by the spouse of family of the injured party
  • Shock and mental anguish

What Kind of Brain Injury Can You Claim For?

Identifying the type of injury you have suffered and how it has and will affect your life is crucial to the success of your compensation claim. The financial settlement is going to depend on how much long term pain and disability has been suffered as a result of the injury.

What Kind Of Compensation Could You Receive?

  • Minor head injury compensation is usually minimal, but can be greater if brain damage has occurred.
  • Minor brain damage that leaves a victim still able to return to work and take part in a social life, but has resulted in memory loss, poor concentration, mood swings and even a reduction on the quality of their life can result in far greater compensation to cover medical and quality of life costs.
  • Moderate brain damage that impacts a victim’s concentration and leads to memory loss, increased dependency on others and reduced capacity to work will receive greater compensation in order to support the victim and help his caregivers.
  • A very severe brain injury that results in little to no response to the environment, double incontinence, little or no language function and the need for full time care can claim compensation on excess of $3 million.

What Should You Do If You Have A Head Injury Claim?

If you or a loved one has suffered a brain injury as a result of an accident, before making a compensation claim, contact Dement Askew to talk to one of our personal injury lawyers. They will be able to assess the strength of your head injury claim and give you advice on the most appropriate course of action to take.

Feel free to call us at (919) 833-5555 to book your consultation.