Considerations when determining brain injury damages

When considering the consequences of a brain injury, specifically money damages arising from a negligence-based lawsuit, it is not hard to imagine the award of a sum of money when the injury to the brain manifests itself physically. For example, if the brain injury results in a disability, such as temporary or permanent blindness, or paralysis, or impaired motor skills, these are injuries that can have a direct impact on one’s ability to earn a living. That, in turn, lends itself readily to a calculation of economic damages such as lost earning potential.

What can be more difficult when it comes to measuring damages is when brain injuries are not as readily apparent. Someone who suffers from injuries as a result of brain trauma like amnesia, headaches, mood changes or even personality disorders may still appear to be unaffected, at least on a superficial level. Nonetheless, such non-visible injuries are still compensable even if they do not result in a direct physical impairment.

Any type of injury that results in a reduced quality of life, not just the loss of earning ability, can be subject to compensation in the form of money damages. This is the idea that underlies “pain-and-suffering” losses, which relate to emotional as well as physical effects.

Similarly, in addition to compensation for medical expenses directly related to the injury itself such as hospitalization costs, long-term and indirect consequences such as the need for prolonged rehabilitation or long-term disability care are also forms of injury that can be factored into an overall damages award.

It is a significant responsibility of a plaintiff’s attorney to inform a jury in a personal injury lawsuit not only of the existence of indirect and long-term damages from a brain injury, but also that they can be thought of in terms of monetary damages. If you have recently suffered a brain injury, traumatic or otherwise, or have a loved one who has, retaining a Santa Ana personal injury attorney experienced in brain injury cases can make the difference when it comes to recovering all of the financial compensation to which you are entitled.