A traumatic brain injury (TBI) can have life-altering effects just as much as it can be life-threatening. TBIs can be caused by multiple things that cause trauma to the head. When the TBI is the result of another person’s or entity’s fault – whether it is through negligent, reckless, or intentional acts – you may be entitled to compensation.
At Tenn And Tenn, PA, we take TBIs seriously – as should you. These can be injuries that are unpredictable and worse quickly or over time. Compensation is dependent on the severity of the TBI, its prognosis, and the extent of fault of the liable party. Below is a brief review of how TBIs are considered for compensation purposes in New Hampshire. If you have a brain injury and believe it is the fault of another party, contact us today to learn more about your options and a possible path toward financial recovery of your economic and non-economic losses.
Compensation for your Traumatic Brain Injury
Not all TBIs are equal. Likewise, not all TBIs are worth the same. As mentioned, compensation is dependent on things like:
- the extent of the injury;
- the injury’s prognosis;
- the cumulative costs involved; and, among other things,
- the nature of the accident (i.e., negligent versus intentional).
The Extent of the Injury
Traumatic brain injuries are difficult to understand and treat, especially because the physiologic changes can happen over time. The initial diagnosis can range from mild –which – according to Translational Research in Traumatic Brain Injury – is “defined as a momentary change in consciousness, to severe, which involves sustained periods of unconsciousness and/or amnesia.”
The extent of the injury, mild to severe, matters with regard to compensation for obvious reasons: the more severe the greater the:
- medical expenses;
- medical treatment duration;
- lost wages;
- loss of earning capability;
- pain and suffering;
- loss of enjoyment;
- loss of consortium; and/or
- mental anguish.
According to Translational Research in Traumatic Brain Injury, there is also a higher risk of premature morbidity. So, the victim may have an increased risk of dying at a younger age but for the accident that caused the TBI.
The Injury’s Prognosis
Prognosis follows the extent of the injury and all the uncertainty and complications associated with a TBI. Given that the structural and physiologic changes can occur over time, prognosis can be difficult.
A medical professional can provide a prognosis to the best of his or her ability at one time – based on the injury and victim’s health at that same time – but that does not mean the prognosis will not eventually change, whether it is for the better or worse. Each person is different and their bodies and minds respond differently.
Thus, compensation does factor in prognosis. A victim’s TBI prognosis enables experts to better identify how well a person may recover from the injury, and based on that, how/when/if the victim will be able to work again, play again, etc. But because prognosis is difficult to determine and so important to the determination of compensation’s value, it is important to retain an experienced TBI personal injury lawyer who understands the nuances and complexities of this type of injury.
At Tenn And Tenn, PA, we represent victims of TBIs – our experience grants us the insight and understanding necessary for comprehensive and fair representation of your injury and the full effect of damages it has caused to you.
The Costs of the TBI
The costs of your TBI is dependent on many factors, including the severity of it and the medical treatment you require. But also, the costs of a TBI extend well beyond the care of your brain injury to the care of your emotional and mental state.
A TBI can be trying on a person. It can affect the way you live your life. Maybe at one point you were an outgoing person who enjoyed social activities but now – due to the impact and symptoms of the TBI – you can’t stand loud noises, bright lights, or too many people all at once. As such, you cannot tolerate going out with your friends anymore; it creates a deep sense of anxiety and pain. That’s a TBI cost that should not be overlooked either as well as similar costs.
At Tenn And Tenn, PA, we understand each person is unique, and likewise, the effects of each TBI is unique. We will carefully listen to you, get to know the full costs of the TBI on your life and well-being, and incorporate that into a fair and just demand.
Remember: your life was changed irrevocably by the fault of someone else’s negligence or recklessness. You deserve compensation that considers all the costs of the TBI, not just for things like medical expenses or lost wages.
The Nature of the Accident
When an accident occurs, it can occur due to someone else’s:
- negligent act;
- reckless act; and/or
- intentional act.
Compensation will be based on the at-fault party’s actions. Most often in personal injury cases, the at-fault party did not mean to do what he or she did: it was a pure accident caused by his or her negligence. In other cases, he or she may have acted recklessly, like speeding through rush hour to get to work on time – he or she knows that speeding can cause an accident but does so without much thought for the safety of others. In rarer cases, the at-fault party may have acted intentionally, meaning to cause you harm, like ramming into the side of your car purposefully because you had cut in front of him or her moments earlier.
When the act is malicious or wanton, like in the road rage scenario mentioned above, then the victim could be awarded enhanced compensatory damages. An experienced TBI personal injury attorney will be able to identify when enhanced compensatory damages are warranted.
Contact Resourceful TBI Personal Injury Attorneys in New Hampshire Today
At Tenn And Tenn, PA, we make it our priority to obtain the best possible settlement or compensation award for our clients. We take a comprehensive approach to your case, making sure all aspects and factors are wholly considered. Contact us today to learn more.