A traumatic brain injury (TBI) can be a life-altering event. Whether it occurred in a car collision or a slip and fall accident, the level of severity of a TBI can drastically impact a person’s health, livelihood, and quality of life. These injuries can also create huge financial burdens for the entire family. If the TBI was caused by another person’s negligence, the victim should not have to take on those financial burdens.
What does compensation for a brain injury cover? A fair settlement should cover all associated medical expenses, long-term care, lost income, and the pain and suffering the victim has and will endure. Locking down that fair settlement will require the services of an experienced Marion brain injury attorney.
The legal team at the Prince Law Firm has worked with many clients who have suffered a traumatic brain injury due to another person’s reckless behavior. We understand all the relevant costs associated with this type of injury. We are steadfast in our goal to achieve the maximum benefits for our clients.
Calculating Immediate and Future Medical Expenses
When filing a personal claim for a traumatic brain injury, you and your attorney need to calculate the immediate and future medical expenses. The immediate medical expenses would essentially include everything you’ve already been billed for, such as the emergency room visit, imaging, and diagnostics. If surgery and hospitalization were required, that would be considered immediate costs as well.
When it comes to future medical expenses, those can include the following items:
- Ongoing physical therapy
- Medications
- Home accommodations
- In-home care
- Long-term facility care
Once you have calculated the costs for these items, you have to adjust for medical inflation. That can add another 3% to 5% to the final estimates.
Recovering Lost Wages and Diminished Earning Capacity
Recovering from a brain injury can be anywhere from a few days of rest for a mild concussion to several weeks for a more serious injury. The worst-case scenario would mean not being able to return to work at all. Your lost wages and diminished earning capacity must be included in your final settlement.
In order to prove your current lost wages, you need to provide documentation such as pay stubs, W-2s, 1099s, and bank statements. It will also help to obtain a letter from your employer confirming your missed days and your current salary.
When considering diminished earning capacity, you need medical evidence that establishes work restrictions. These can also include Functional Capacity Evaluations (FCEs). You might also need testimony from economic experts who can factor in your age, life expectancy, and career trajectory. All of that will impact your future earnings.
Non-economic Damages for Pain and Suffering
In addition to the economic damages, you can seek non-economic damages. These are the damages that are tied to how your brain injury has impacted your life. It comes down to a matter of “before” and “after.” In other words, how was your life before the injury compared to after?
Here’s what can be included in your non-economic damages:
- Physical Pain and Suffering: This would be compensation for the daily physical discomfort you experience, such as chronic headaches and fatigue.
- Emotional Distress: There is also a psychological impact of living with a TBI. Often, victims can experience ongoing anxiety, depression, and PTSD.
- Loss of Enjoyment of Life: You should be compensated for your inability to pursue hobbies, take part in sports, or participate in activities that once brought joy.
- Loss of Consortium: If the TBI impacts your relationship with your spouse or partner, it can be part of your compensation.
How Illinois Modified Comparative Negligence Affects Payouts
After you and your attorney have calculated your economic and non-economic damages, the issue of Illinois’ modified comparative negligence will come into play.
Under this state law, you can recover damages in a personal injury claim as long as you’re less than 50% at fault. If you are found to be partially to blame under the 50% threshold, your settlement amount will be deducted from whatever percentage of blame you’re assigned. Since insurance companies will want to reduce their payout amounts, they will devote efforts to shift some of the blame onto you.
That’s something the Prince Law Firm will work diligently to prevent.
When we agree to support a client who has suffered a traumatic brain injury, it is because we are confident that evidence can prove they weren’t at fault. We have worked closely with many victims of traumatic brain injuries to provide a thorough calculation of all their expenses.
We know how to account for pain and suffering and will work hard to help our clients get the maximum amount they are entitled to.
Recovering from a serious TBI will be a challenge. Knowing that your finances won’t be impacted can be a huge stress reliever. Schedule a free consultation today to discuss what happened.
Let’s see how we can work together to help you find a remedy.
