A brain injury can affect the victim’s ability to walk, communicate, and manage simple tasks, including self-care. Depending on the location and extent of the injury, a victim’s motor function, senses, cognitive abilities, and even emotional disposition or psychological state can be affected. Additionally, moderate brain injury can result in extensive loss of income and significant medical expenses, among other losses. If the brain injury is severe or catastrophic, the consequences can be completely life-altering, taking a devastating emotional and financial toll.
Establishing damages in a brain injury case is the responsibility of the plaintiff’s attorney. Attorneys with Tawwater Law have represented numerous brain injury victims, helping to both prove liability and collect the compensation they desperately need. We work with medical experts who can assist in determining the likely progression of the injury and the need for ongoing care. When necessary, we utilize forensic accounting experts to detail the long-term monetary losses expected for the victim and family.
Damages pursued on behalf of brain injury victims and their loved ones include:
- Medical bills - These costs can include acute care bills, ongoing physical and occupational therapy, medical equipment, medications, and home care.
- Lost wages - A victim of severe brain trauma may not ever be able to work again. If the victim was employed and supporting or contributing to the family’s finances, the loss of income can take an enormous toll that continues well into the future. A stay-at-home parent also provides tremendous value to a young family, including cost savings for child care and other domestic services.
- Pain and suffering - In a legal case, pain and suffering can include physical and emotional trauma suffered by the victim and close family members. Psychological counseling is often needed to help with emotional trauma. The loss of enjoyment of life, reduced capacity, and loss of companionship can also be considered in a damages award.
- Property damage - If the victim was injured in a car accident, for example, there may be property damage and losses to consider as well.
Some traumatic brain injury cases can also include punitive damages if the victim was injured due to the malicious or willful act of another party. In the state of Oklahoma, these damages are generally limited to $100,000, but can go higher depending upon the circumstances.