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How are TBI damages compensated in California?

On Behalf of | Nov 10, 2021 | Brain Injury |

Traumatic brain injuries (TBIs) are some of the leading causes of death and disability in California and around the country. According to the American Association of Neurological Surgeons, nearly three million people visit the emergency room with TBI-related injuries each year.

If you or someone you love has suffered a TBI injury as a result of someone else’s negligence, you may be eligible for compensation for your injuries and the resulting damages. However, while filing your claim, it is important that you understand how TBI claims are calculated so you can have an idea of what your case is worth.

Recoverable damages in a TBI lawsuit

Depending on the circumstances of your TBI injury, you may be entitled to the following types of TBI damages:

Economic damages

These damages compensate the TBI victim for quantifiable injury-related financial losses. They can include compensation for current as well as future medical treatments, loss of income and loss of income and income potential and more.

To determine the award for economic damages, the court will look into the treatment billing and payment receipts, cost of medical travel, income lost while recovering from the injury, cost of future medical expenses as well as the income that the victim would have earned if they were working. The cost of future medical expenses can only be determined by experts who are familiar with long-term care for TBI patients.

Non-economic damages

These are damages designed to compensate the TBI victim for non-quantifiable losses. They can include pain and suffering, loss of enjoyment of life, disability, mental anguish and more.

While there is no direct formula for calculating non-economic damages, working with an expert can help you put forth a satisfactory case and boost your chances of winning your claim.

Punitive damages

If the defendant is found to have been overly heinous, the TBI injury victim may be awarded punitive damages. These damages are designed to serve as a punishment to the negligent party and deter similar conduct.

A traumatic brain injury (TBI) can turn your life upside down. If the injury has been caused as a result of someone else’s negligence, it is important that you file a traumatic brain injury lawsuit against the at-fault party and pursue a claim for your damages.