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What Kinds of Compensation Can I Seek After a Brain Injury?

Traumatic brain injuries can occur as the result of many kinds of accidents and injuries. Whether you have been involved in a traffic collision or have been hurt in a falling accident, brain injuries are a possible outcome.

There are many different types of brain injuries. The severity of a brain injury will depend on the type of trauma that the victim experienced.

If you have sustained a brain injury as the result of another person’s negligence in California, you have the legal right to pursue compensation. 

Victims of traumatic brain injuries usually face emotional, physical, and economic difficulties. Contacting a personal injury attorney will give you the best chance of recovering the money that you need.

Even if you have a valid brain injury claim, you may wonder what types of compensation you can seek following your accident. Here, we will examine the various types of financial recovery that brain injury victims can pursue. 

Categories of Damages in Brain Injury Cases 

In a single year, approximately 32,900 Californians were hospitalized after sustaining non-fatal brain injuries. Another 251,000 suffered from brain injuries and were released without hospitalization. 

If you have sustained a brain injury, you are not alone. Injury victims can legally seek financial recovery from the responsible party. 

“Damages” are the payments that injury victims can claim. Damages are provided by the person or entity that is liable for causing harm to the victim.

As with other types of personal injury cases, there are two primary categories of damages in brain injury claims:  Economic and non-economic damages.

Economic Damages

These types of damages are intended to compensate the brain injury victim for their direct monetary losses. Calculating economic damages involves finding the sum of various financial costs that the victim has had to pay.

Common examples of economic damages in brain injury cases include:

  • Medical bills and expenses
  • Anticipated future medical costs
  • Lost wages and income from missed work
  • Decreased earning capacity in the long-term
  • Repair and replacement costs for damaged property

Some head injuries are fatal. In these cases, the decedent’s family may be entitled to the economic damages that the victim would be owed if they had survived. The family of wrongful death victims can also claim burial and funeral expenses.

Non-Economic Damages

Not every negative consequence from a head injury comes with a monetary loss. Many of the most challenging outcomes for head injury victims do not involve the loss of money.

For instance, how much should a victim be paid to compensate for being unable to engage in their favorite hobbies? If a brain injury results in memory loss, how much is that worth?

These questions are incredibly difficult to answer. Payments for these types of negative outcomes are known as non-economic damages. 

Typical examples of non-economic damages include:

  • Physical pain and suffering
  • Emotional distress and trauma
  • Inability to enjoy life
  • Mental anguish like stress, panic, and anxiety
  • Loss of consortium in wrongful death cases

Many claimants do not consider seeking compensation for non-economic damages before they speak with a lawyer. 

Consulting with a qualified California personal injury attorney will help you recover compensation for both economic and non-economic damages. 

Which Factors Influence the Value of a Brain Injury Claim?

Each personal injury case is unique. Many different factors will affect the amount of compensation that you can secure.

Some of the most impactful elements of a brain injury case include:


Proving that the opposing party is fully liable for your injury typically results in a higher recovery amount.

Insurance Negotiations

In many cases, the claimant will need to negotiate with an insurance provider to resolve the claim. It is crucial that you hire an accomplished legal professional to effectively negotiate on your behalf.

Characteristics of the Claimant

The age, vocation, and prior medical history of the plaintiff will each impact a personal injury claim. 

No matter what the circumstances of your case, speaking with a brain injury lawyer is the best course of action. You should not bear the financial burdens from your accident on your own. 

Call Lalezary Law Brothers for a Free Consultation 

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations throughout all of California. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (888) 778-8888 for a free consultation or Contact Us online to get started.

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