Shockingly, nearly 2.8 million people suffer traumatic brain injuries every year in the United States. According to the Centers for Disease Control (CDC), traumatic brain injuries contribute to the deaths of 56,800 people every year, including over 23,000 deaths of children. Additionally, emergency room visits of children age 17 and younger for traumatic brain injuries increased by 54% between 2006 and 2014.
If you have suffered a traumatic brain injury caused by someone else’s negligence, you may be entitled to compensation. For example, if you suffered a traumatic brain injury because a drunk driver collided with your vehicle, the drunk driver is financially responsible for economic damages caused by your traumatic brain injury.
Estimating the Value of Your Traumatic Brain Injury Lawyer
At Heninger Garrison Davis, when we meet with new clients who have suffered traumatic brain injuries, they often initially ask how much their case is worth. While it is impossible to predict the exact amount that a jury might award a plaintiff for a traumatic brain injury, we can estimate the amount of economic damages our clients have suffered as a result of their injuries. The value of the case depends on several factors, including the cause of the accident, the type of traumatic brain injury incurred, and the severity of the client’s symptoms.
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Many Traumatic Brain Injuries are Caused by Negligence
Sadly, many traumatic brain injuries are completely preventable and happen because of another person’s negligence, recklessness, or intentionally damaging behavior. Almost half of all traumatic brain injury emergency room visits happened because of falls. Being struck with a blunt object is another common cause of traumatic brain injuries. Other common causes of traumatic brain injuries include the following:
- Car accidents
- Gunshots and other firearm accidents
- Open head injuries in which something penetrates the skull
- Sports-related injuries
- Domestic violence
- Assault
The Extent and Severity of the Traumatic Brain Injuries
The more severe your symptoms, the greater your chances of recovering a significant amount of damages for your traumatic brain injury. The majority of traumatic brain injuries are Mild Traumatic Brain Injuries. Mild concussions often fall into this category of brain injuries. More severe types of brain injuries often carry long term damage or even permanent psychological and physical damage.
Doctors often use the Glasgow Coma Scale, a tool that determines the severity of a person’s neurological abnormalities. The Glasgow Coma Scale uses a 15-point test that involves a person’s eye-opening, verbal response, and motor response abilities. The greater your impairments, the more compensation to which you may be entitled. For example, if your neurological impairment prevents you from working and enjoying your daily activities, you may receive greater compensation.
The Amount of Your Lost Wages and Loss of Potential Income
In many circumstances, victims of severe traumatic brain injuries are unable to return to work for long periods of time. When adjusted for inflation, a 35-year-old who can no longer work may easily lose over two million dollars of lifetime income, or more. When victims of traumatic brain injuries suffer severe neurological injuries, they may not be able to return to work at any job, even one that is less demanding than their previous job.
Disability Care Costs
Victims of severe traumatic brain injuries often need long-term disability care. According to some estimates, the cost of in-home care, nursing home care, rehabilitation expenses, and transportation costs can exceed millions of dollars, especially if the victim is middle-aged or younger. Full-time nursing home care can easily cost $7,000 per month or more in Alabama.
Calculating Damages for Pain and Suffering
Calculating pain and suffering damages is a somewhat subjective process. The exact calculation depends on the jury that hears your case. If you settle your case before going to trial, you will be able to negotiate a satisfactory amount for your pain and suffering. Many victims of traumatic brain injuries do suffer from serious pain and suffering in terms of a loss of mental capacity. One of the most devastating consequences of traumatic brain injuries is the loss of being able to engage in activities you once enjoyed.
Contact an Experienced Personal Injury Lawyer
At Heninger Garrison Davis, we have a proven track record of helping clients recover compensation for their personal injuries. We will evaluate your case and help you determine how much your case is worth, and then we will advocate for your rights. Contact us today to schedule your free initial consultation.
