It goes without saying that when you decide to hold a negligent party accountable for their actions, litigation could become a lengthy and drawn out process.
Because of this, the mere act of calculating traumatic brain injury damages in Bowling Green could be something of a hassle.
Fortunately, an experienced traumatic brain injury attorney familiar with these types of cases could help you seek the compensation you or a loved one needs after sustaining a life-changing injury.
Assessing the Damages in a Traumatic Brain Injury Case
Catastrophic injury attorneys approach the assessment of damages by looking at the medical bills. The prognosis, meaning the future medical and psychological impact of the catastrophic traumatic brain injury (TBI) must be known for a value to be ascribed to needed compensation. Attorneys then look at the economic losses and vocational losses. If a victim has lost work or the ability to work, these losses could be filed into the civil claim. A life care planner may be called upon to assess future needs and the cost of living with a TBI. Ultimately, attorneys want to work with injured individuals to try to maximize recovery, build mutual trust over time, develop court plans, and help victims move beyond their accidents.
Common Recoverable Losses Associated with TBI Cases
The most common types of damages associated with TBI cases are medical bills, economic losses, both in the past and in the future. Often, victims need a vocational assessment to determine if they could return to work, and if so, what type of work and the cost of retraining. Victims could recover for future medical care, for pain and suffering, and for the inconvenience. However, these losses are much more challenging to substantiate in court because of how conceptual they are. In some unique cases, if a victim is married or has children, they may be able to file for something called “loss of consortium”. This unique loss pertains to the loss of services to a spouse or children as a result of the injury.
Unique Losses in TBI Cases
Damages that are especially unique to TBI cases in Bowling Green are psychological damages. Typically, victims are going to have a neural psychological assessment of a traumatic brain injury. It is not uncommon for these injuries to have latent or unseen damages, meaning that the victim may look fine, but psychologically, they are a totally different person with unique needs. If a victim were to be assessed and these injuries were discovered, regular treatment of these injuries could become a necessity. These changes to personality and psyche could not only affect an injured individual but their family too.
Dealing with Insurance Companies
Insurance companies may avoid working with people who are dealing with the effects of brain trauma. Oftentimes, it is difficult to get health insurance in these situations. Somebody with a traumatic brain injury may be eligible for Social Security Disability, and their coverage would be under Medicare. Fortunately, a lawyer could negotiate with a structured settlement company to buy an annuity that could pay for all of these future costs.
Basic Knowledge Attorneys Should Have of TBIs
In terms of traumatic brain injuries, a catastrophic injury lawyer should have a base of knowledge that includes an understanding of the medical literature and terminology in traumatic brain injuries. They should have an attorney that has handled a large number of prior traumatic brain injury cases, somebody who understands who could attest as an expert witness, and what legal options are available for recovery. By understanding these injuries, an attorney could help with calculating traumatic brain injury damages in Bowling Green.
Speak with a Knowledgeable Attorney Today
When life has thrown you a curve-ball from which there is little recovery, you may feel as though you have been treated unjustly. This could be especially true when a negligent individual caused the life-altering injuries you have sustained. If you suspect that your accident and subsequent injuries were a result of another person’s irresponsible behavior, you may need to contact an attorney who could begin your case with a confidential consultation. The next step could include calculating traumatic brain injury damages in Bowling Green and to prep for trial.
Tell an attorney about your case today.