Types of Traumatic Brain Injury Financial Damages

Randy Rozek • January 6, 2014

When you go to speak to a Milwaukee brain injury attorney, one of the questions on your mind is likely to be how much your case is worth or what type of damages you’re entitled to. While each case is unique and different circumstances will affect individual outcomes, here are the main types of damages that might be awarded:

Medical Expenses. A responsible party should pay for all medical bills that result from the brain injury, both immediate and ongoing. This may include all doctors and hospital fees, expenses from physical or cognitive rehabilitation, and any in-home care you require or will require.

Lost Wages/Productivity. If you lose income due to being unable to go to work as a result from your brain injury, you may be eligible to receive damages on those losses. Additionally, if your injury leaves you permanently unable to work, or you can only work at a diminished capacity, you may receive damages based on what would have been future earnings.

Loss of Consortium. This is a special provision meant to protect the financial security and lifestyle of a spouse who is dependent on your income. If a loss of your income places the household in financial distress, your spouse may be eligible for this type of damage.

Pain and Suffering. While it can be difficult to get pain and suffering damages, it is not impossible. Because there is no way to quantify these abstract and highly personal experiences, it is difficult to know what a judge or jury would be willing to award in the event of a trial. Your brain injury attorney may be able to give you an estimate, but that’s usually exactly what it is: an estimate, not a guarantee.

Punitive Damages. Punitive damages are usually only awarded when the act that caused the injury was so irresponsible or severe that the court feels it is necessary to punish the defendant. It does happen, but it is rare outside of criminal court.

If you need a brain injury attorney in Milwaukee, contact us at Rozek Law. We’ll be happy to discuss your case with you and help you determine how much your claim should be worth.

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