No one should have to suffer from a traumatic brain injury (TBI) due to the negligence or recklessness of another. The National Institute of Neurological Disorders and Stroke defines a TBI as a brain injury caused by an outside force. TBIs, while not always obvious, can cause an immense amount of pain and suffering, both physically and mentally. Parties that can be held liable for a traumatic brain injury include drivers of motor vehicles involved in accidents, manufacturers of a defective product, property or business owners, and more.
Regardless of whether your TBI is classified as mild, moderate, or severe, you may be entitled to financial compensation, and you should speak to an attorney. A Ponchatoula traumatic brain injury lawyer from the Tomeny | Best law firm could assist you or your loved one in recovering both special and general damages to help cover medical expenses and lost wages. We could guide you through the legal process of a TBI lawsuit.
What Damages Are Compensable in a Traumatic Brain Injury Lawsuit?
Due to the potentially life-altering effects of a TBI, there are multiple recoverable damages in a lawsuit against a person or entity who caused the injury. The courts may award you with both special and general damages, and if the brain injury resulted from especially egregious circumstances, you may also receive punitive damages (intended to punish the at-fault party).
Possible monetary compensation in a TBI lawsuit can include:
- Medical expenses, including long-term care and equipment needed at home
- Lost wages and loss of future earning capacity if the victim is unable to return to work or experiences a reduction in income
- Pain and suffering, as well as emotional and mental distress
- Reduction in or loss of quality of life
- Loss of companionship, affection, and consortium for the affected spouse
Talking to an experienced traumatic brain injury attorney in Ponchatoula who is familiar with personal injury lawsuits could ease the burden of having to identify compensable losses and their financial value for a TBI claim.
What Factors Determine Damages Awarded in a TBI Case?
There are several factors that can affect the amount of damages a plaintiff receives in a traumatic brain injury case. The severity of your injuries affects the amount of special and general damages. A moderate to severe TBI may receive greater compensation than a mild injury. The extent to which a TBI causes long-term or permanent disabilities is also taken into account, as is the defendant. For example, a brain injury related to medical malpractice is subject to a cap of $500,000, according to Louisiana Revised Statutes § 40:1231.2.
In personal injury cases, sometimes the defendant will attempt to shift at least part of the blame for an accident onto the victim. This is called the comparative fault law (Louisiana Code of Civil Procedure § 2323). If the defendant is able to prove that the plaintiff was partially liable for the accident, the amount of recoverable damages is reduced in proportion to the negligence attributed to the plaintiff. Working with a Ponchatoula traumatic brain injury attorney could give you the best chance of recovering both special and general damages.
Contact a Traumatic Brain Injury Attorney in Ponchatoula
Whether mild, moderate, or severe, a brain injury is a life-changing event that can have long-lasting effects. It can significantly affect your time, income, and both physical and mental health. Fortunately, as of July 1, 2024, plaintiffs in a TBI lawsuit now have two years to file a claim, instead of just one. This much-needed extension of the statute of limitations allows you more time to hire a compassionate and savvy Ponchatoula traumatic brain injury lawyer who could fight to obtain full and fair compensation on behalf of you or your loved one.
Our incredible and dedicated team of attorneys at Tomeny | Best is committed to working closely with you and keeping you informed throughout the process. Call our firm today to retain the strongest possible legal representation available in your TBI case.
