How much compensation do you get for a traumatic brain injury? How much compensation you get for a traumatic brain injury (TBI) depends on your medical bills, lost wages, pain and suffering, and other losses.
Your Arlington traumatic brain injury lawyer can assess your tangible and intangible TBI-related losses and help you pursue compensatory damages accordingly.
Your Medical Expenses Can Impact How Much You Get for a Traumatic Brain Injury
How much compensation you get for a TBI depends on the severity of your brain injury and the costs to treat it. As your Arlington catastrophic injury lawyer analyzes your case, they will advise you to ask for damages for your current medical costs, surgeries, hospital visits, and future needs like residential care and physical therapy.
Your lawyer wants you to track your TBI-related expenses for the duration of your case. They can use your medical records and bills to argue as to why your damages request is warranted. If your case reaches trial, these and other forms of evidence can be used to convince a judge or jury to rule in your favor.
As you search for an Arlington personal injury lawyer with TBI case experience, consider what The Texas Law Dog offers. Our team has years of experience and has recovered millions of dollars in compensation for our clients. Allow us to seek compensation for your medical bills and other losses relating to your TBI. For more information, schedule a free case review.
The Income That You Lose Due to Your TBI Can Be Included in Your Compensation Request
How much compensation you receive for a traumatic brain injury can be based in part on your loss of income. Your TBI attorney can provide insights into how to get lost wages after a car accident in Texas or for other reasons. They will account for how your brain injury is preventing you from earning money and how it will continue to do so moving forward.
Outside of requesting damages for your loss of income, your lawyer can help you recover compensation based on your diminished earning capacity. If your TBI will keep you from returning to the job you held before you were injured, your lawyer can incorporate your lost earning capacity into your lawsuit.
If you want to sue someone for lost wages and other TBI-related losses, you have a limited window to do so. Per Texas Civil Practice and Remedies Code Section 16.003, you typically have up to two years from the date you were injured to sue. Beyond this period, you will lose the right to file a lawsuit against any liable parties at a later time.
Your Pain and Suffering Can Affect the Compensation You Get for a TBI
The emotional distress, physical discomfort, and other pain and suffering from your traumatic brain injury can influence the compensation you get for your TBI. Your personal injury attorney considers these and other non-economic damages carefully. From here, they can detail how much you can get out of your pain and suffering damages request.
Of course, proving to a judge or jury that you are coping with pain and suffering because of your brain injury can be difficult. Your lawyer can help you gather medical records, witness statements, and other forms of evidence to strengthen your case for these damages.
Pain and suffering damages can be resolved via an insurance settlement or a lawsuit. If you file a TBI claim or lawsuit, your lawyer can negotiate with a liable party or their insurance company and ask for damages for your pain and suffering and other subjective and quantifiable losses.
You Can Be Compensated for a Loved One’s Fatal Traumatic Brain Injury
If you have lost a family member due to a fatal TBI and someone else is to blame, talk with an empathetic and compassionate Arlington wrongful death lawyer. When you do, you can find out if you have grounds for seeking compensation from the liable party through a wrongful death claim or lawsuit.
A TBI claim or lawsuit allows you to seek damages for your loved one’s burial and funeral expenses and other losses. At the same time, it can be an opportunity for you and your family to pursue justice from anyone responsible for your loved one’s death.
The compensation that you get for a fatal TBI can help you and your family stay afloat financially following the loss of your loved one. Your TBI lawyer can guide you through the process of requesting compensation through an insurance claim. Or, if necessary, they can argue your case to a judge or jury.
Modified Comparative Negligence Can Dictate How Much Compensation You Get for a TBI
If you sue someone for a traumatic brain injury and are found to be partly liable, the court will reduce how much compensation that you receive for your TBI by your percentage of fault or award no damages at all. This is due to Texas’s modified comparative rule.
Defined by Texas Civil Practice and Remedies Code Section 33.001, a judge or jury will award partial damages if you’re found to be 1–50% liable for your TBI. For example, you file a TBI lawsuit, and the court rules that you’re 20% to blame. This means that you will get 80% of the damages that you originally sought.
This rule also permits a judge or jury to bar your recovery of damages if you are found to be 51% or more at fault for your TBI. As such, if you sue for a brain injury and the court rules that you’re primarily liable, you will be ineligible to recover damages.
Learn More About How Much Money You Can Get for a TBI
The personal injury lawyers at The Texas Law Dog can answer any questions that you have about how much compensation is available to you for a traumatic brain injury. Plus, if you want to file a TBI claim or lawsuit, we’re ready to assist. To get started, request a free case review.
