Compensation for Brain Injury
If someone is found to be negligent for your brain injury, compensation will be determined by the type of injury sustained, and the duration and kind of medical treatment you receive. Compensation for a head injury will include pain and suffering, length or recovery, emotional distress and life disruption. Lost income can also be factored into the overall damages recovered. If the brain injury was a result of a car accidents property damages also will be added into the compensation amount.
Factors Considered:
- Type of injury sustained- If you have a "hard injury", which is one that is detected through a physical exam, you may be able to receive higher damages. If you have a head injury, all information should be documented on your medical file. Symptoms could include: dizziness, nausea, headaches, or loss of consciousness. Permanent disability, disfigurement and scarring can also increase damages.
- Duration of treatment- if you receive treatment for a long time for your injuries this could raise the amount of pain and suffering you experience. Extensive treatment by a physician or at a medical clinic can also be evidence that your injury was severe and raise the level of compensation you will receive. Follow-up visits to the doctor are important and the doctor should document your recovery time in your medical file.
- Kind of medical treatment- determination of compensation will be highest if treatment is received by physicians, medical clinics and hospitals. Other non-traditional treatments such as chiropractors, massage therapists, and acupuncturists will be not be considered as highly for compensation costs.
- Lost Income- Compensation for your injury will include all lost income for the time you were unable to work. It will also include income lost when you were undergoing any special treatment for your injuries. Lost income can be recovered if you are a full-time, a part-time, an hourly or a salaried worker.
- Pain and suffering- Any type of physical discomfort can be added into your compensation amount. This can include sleeplessness, depression, or strains on relationships. All pain and suffering should be documented. If you consult a dietician for stomach pain or a therapist for depression, expenses and medical records need to be maintained.
- Disruption to your life- There are other things that an injury can disrupt that a dollar value may be harder to calculate but can be included in damages. These things could include a missed schooling opportunity, inability to have sexual relations or an event that had to be cancelled (ex. graduation, wedding or vacation). All these disruptions can be included in the final compensation amount.
- Property Loss- If you are injured as a result of someone else's negligence they are not only liable for your personal injuries but also any property loss you experience. Property loss most frequently occurs in a car accident. The loss includes not only the cost of the car but all contents inside as well. Property loss can include loss of personal affects (ex. a ring, clothes, watch) that you were wearing as well.
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