How Compensations are Calculated in a Traumatic Brain Injury Claim

Brain injuries are a few of the most devastating injuries caused by road accidents, slips, falls, medical negligence, or work accidents. These result from the blow, violent jolt to the head or body, or due to penetration of an object across the skull. The impact of head trauma varies from concussion to severe, highly impactful brain injury. If the head injury involves a more significant brain part, it leads to severe cognitive and physical damage. The claims about these traumatic brain injuries are often complex; therefore, an expert lawyer must handle these cases.

How Compensations are Calculated in TBI (Traumatic Brain Injury):

Here’re the guidelines for calculating compensation in TBI.

  • In the case of traumatic brain injuries, compensation depends on the impact, extent, and severity of the injury. Victims having mild brain injury experience minor symptoms like dizziness, vertigo, imbalance, aches, or unconsciousness for a short period. In the moderate brain, injury effects are on a person’s cognitive functions, communication, and less degree of paralysis, but these victims are more responsive to rehabilitation. People having severe brain injury experience unconsciousness for 6 hours or more and are left with severe disabilities both mentally and physically affecting intellect, personality, senses, and life.
  • Generally, most brain injuries settle around 100,000$. Therefore, compensation can be up to several million dollars depending on the accident’s impact on the victim. Head injury types are closed head injury, open head injury, and compressed head injury. Brain injury diagnosis is made by CT scan and MRI.
  • Compensation also depends on the victim’s economic damages, including the cost of medical procedures, travel expenses, loss of earnings, cost of specialized caretaker in case of disabilities, property loss, etc. In addition, if the victim is a breadwinner, their loss of earnings is also included in compensation.
  • These injuries affect a person economically and cause non-economic damages like pain and suffering, memory loss, intelligence loss, personality change, mental anguish, and even death. All of these are included in calculating compensations. In addition, a medical assessment will be done to assess brain condition and prognosis.
  • The time limit generally for personal injury claims is three years. However, there is no time limit for a person who lacks the mental capacity to follow legal actions or if they are under 18. If a person cannot claim a brain injury claim due to these reasons, any of his friends, relatives, or guardians can conduct a claim on their behalf. The compensation amount is then placed in a trusted fund, from which the litigation friend can withdraw after explaining its requirement.
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It is a good idea if you do some research on traumatic brain injury lawsuits before taking some steps. The compensation amount is a sort of relief for a person from stress and discomfort who had gone through this trauma. This amount can be used for rehabilitation, medicines and treatment, financial support, adaptation to life, and getting specialized education if there is a need for it. It’s challenging work to calculate compensations in TBI. Contact a solicitor for your legal proceedings; this will make all such processes much easy you.

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