Traumatic brain injury (TBI) compensation is the financial claim given to victims of traumatic brain injuries to help them cover for damages. Most traumatic brain injuries occur in car accidents, mishaps at work, and medical negligence. A TBI occurs when the head suffers a forceful blow causing the brain to shift and move within the skull.
The latest figures from the San Diego County Trauma System show that the number of traumatic brain injury (TBI) cases reported in San Diego has increased, with 5,930 TBI-related injuries reported in 2021. This is an increase of 29.3% compared to 2019. Additionally, 64% of all TBI-related injury claims are associated with car accidents, and pedestrians and cyclists account for 17%. The most impacted age group is between 18 and 34, representing nearly 54% of all reported TBI cases.
If you or a loved one are a victim of a traumatic brain injury due to another party’s fault, working with San Diego TBI lawyers can help you get fair compensation for your injuries. This blog dives into everything you need about litigation surrounding traumatic brain injuries.
Understanding Traumatic Brain Injury
The Center for Disease Control and Prevention states that over 200,000 people suffer from a traumatic brain injury yearly. While most people will only experience short-term effects and heal, some will experience lifelong effects.
A traumatic brain injury (TBI) is an injury to the brain caused by sudden physical trauma, such as a car accident or fall. Symptoms of TBI can vary from headaches, nausea, dizziness, and loss of consciousness to depression, impaired mobility, cognitive impairments, and even death. Victims of minor TBI tend to heal with time, while those with severe TBI may show lifelong symptoms. In the long term, TBIs can lead to changes in personality, depression, and anxiety. People with TBIs may also be at risk for developing epilepsy or other neurological disorders. It is important to seek medical attention immediately if you or someone you know has experienced a traumatic brain injury. Moreover, if you have been injured due to someone else’s negligence, you may be entitled to legal compensation for your medical bills and other losses associated with your injury.
Types of Compensable Damages to Claim from Traumatic Brain Injuries
Damages refer to the losses an injured victim suffers due to their injuries. The settlement amounts for personal injuries vary in different cases. The victims’ compensation generally depends on their damages during the accident – economic and non-economic.
Economic Damages from a brain injury may include:
- Medical bills
- Lost wages
- Long-term care bills
- Medication
- Funeral expenses
Non-economic Damages are those that are hard to quantify in monetary terms. They include:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of one’s life
Liability in TBI
To file a traumatic brain injury claim, you must determine that the accident causing your injuries was because of another party’s negligence or fault. For instance, if you are involved in a pedestrian accident with the driver at fault, the driver will bear the liability for your accident. Most drivers are insured, and their insurance company will likely cover the damages. TBI lawyers carefully review the insurance policy of the at-fault party and help you claim maximum compensation based on the terms and conditions of the policy.
How Much is a Traumatic Brain Injury Claim Worth?
The value of a traumatic brain injury claim is calculated from the victim’s damages. For economic damages, you’ll need to provide medical bills, receipts, and wage information to prove them. On the other hand, noneconomic damages are hard to quantify since they do not have a financial value. Establishing a dollar value for the non-economic damages may require careful documentation of the negative impacts of traumatic brain injuries on the victim’s life. This could be drastic lifestyle changes and mental health degradation, among others.
Statute of Limitations on Traumatic Brain Injuries
A statute of limitation refers to the time interval a person can file a lawsuit. Generally, once the statute of limitation “is over,” the victim can no longer make a legal claim. In California, for instance, the statute of limitations is two years. This means that you have two years from the day of the traumatic brain injury to file a claim. However, there are exceptional cases where the statute of limitation can extend. For example, if you were only a minor when the accident happened but started to notice symptoms of severe traumatic brain injuries later on. An attorney will be best placed to assess your case and guide you accordingly.
Published by HOLR Magazine.