We cannot say how much your settlement is likely to be if a car accident caused a brain injury without knowing more facts. Some of the factors that can impact your settlement amount include your medical bills, lost wages, the severity of the brain injury, and how the damage affects your life.
Damages for Traumatic Brain Injury
The compensation you can pursue will depend on the facts of your case. Some types of damages we have won for our clients include:
- Medical bills, for the reasonable cost of treatment that the person needed because of the car accident. This can includes for the ambulance, emergency room, surgery, doctors, blood transfusions, physical therapy, and prescription drugs.
- Head injury rehabilitation facility. Some people who sustain severe head trauma might need weeks or months of inpatient care at a rehabilitation facility to learn how to walk, talk, self-feed, dress again, depending on the area of the brain that got injured. After inpatient treatment, a person might also need extended outpatient care.
- Long-term care. A person with a severe head injury might need ongoing daily help with medical treatments and personal care.
- Lost wages. When you suffer a brain injury from a car accident, you will likely miss some time from work. If you do not get your regular paycheck during this time, you might have a claim for lost wages. This category can include salary, wages, self-employment, and other forms of income.
- Decreased earning capacity. If you cannot make as much money as before because of the head injury, you might be able to pursue compensation for this loss. Brain trauma can be debilitating. After you go back to work, you might find yourself limited by cognitive impairment, severe headaches, and other consequences from the injury that affect your employability and earning capacity.
- Disability. Some people are not able to work at all to support themselves and their families after experiencing a moderate to severe traumatic brain injury. You can be compensated for this loss.
- Intangible damages. You might be able to go after financial damages for things that are hard to measure in dollars but have a profound impact on your life. Living with physical pain and mental distress has a monetary value. Other types of intangible losses can include things like loss of the enjoyment of life, disfigurement, and post-traumatic stress disorder (PTSD).
You might have other losses in addition to the ones discussed here, based on the details of your situation.
What a Traumatic Brain Injury Can Do to the Victim
Depending on the regions of the brain affected and the severity of the damage, people can experience many different complications from a traumatic brain injury. Some examples of these consequences include:
- Being robbed of participating in life while in a coma, vegetative state, or minimally conscious state.
- Brain death, which is irreversible. When the breathing devices get removed, the person stops breathing and eventually dies of heart failure.
- Seizures, which can occur shortly after the head injury or years later.
- Infections, if something penetrated the skull and tore the tissues around the brain. This situation can cause meningitis, which can be life-threatening.
- A buildup of fluid in the brain (hydrocephalus).
- Vertigo, an extreme form of dizziness.
- Frequent, severe headaches.
- Stroke or blood clots from blood vessels in the brain getting damaged.
- Double vision or loss of sight or hearing.
- Impaired sense of smell or taste.
- Difficulty swallowing.
- Loss of sensation in the face or facial paralysis.
People often develop intellectual and other problems after a significant head injury, for example:
- Difficulty with attention, concentration, memory, judgment, or learning.
- Executive functions like multitasking, planning, organizing, and problem-solving.
- Communication problems, including understanding others (receptive language) and speaking (expressive language). Writing, reading, and participating in a conversation can be a struggle.
- Social interaction can become difficult.
- Some people experience changes in their personality, moods, emotions, and behavior.
- Sensory problems like persistent ringing in the ears, changes in how things taste and smell, numbness and of the skin, abnormal sensations of the skin like pain or itching with no apparent cause.
Recent research also indicates that a person who has sustained a head injury might have a higher risk of degenerative brain diseases, like Alzheimer’s disease and Parkinson’s disease.
How to Get Legal Help With Your Claim for Compensation From a Car Accident Traumatic Brain Injury
A personal injury lawyer can help you determine the settlement if a car accident caused a brain injury and can also help you go after compensation for your losses. For compassionate, attentive legal services, call S. Burke Law at (404) 842-7838 for a free, no-obligation consultation.