A traumatic brain injury, or a TBI, can change your life instantly. If you or a loved one suffered a brain injury in a personal injury accident, you know that a brain injury can affect someone’s physical, emotional, and cognitive well-being.
However, it may be comforting to know that the law provides remedies not only for a victim’s physical injuries but also for their emotional harm. One example of these remedies for emotional harm is pain and suffering damages. Pain and suffering damages intend to compensate the victim for the emotional pain and suffering they experienced due to the accident.
Because pain and suffering damages can be difficult to prove, you will want to make sure that you have an experienced personal injury attorney on your side when seeking these types of damages. At GJEL Accident Attorneys, we have the tools and expertise necessary to get you the pain and suffering damages you deserve.
Below, we discuss traumatic brain injuries and pain and suffering damages so that you can be more fully informed before proceeding with your legal claim.
What Is a Traumatic Brain Injury?
TBIs are injuries to the brain that usually result from violent blows or jolts to the head. TBIs are categorized into three different types based on their level of severity: mild, moderate, and severe.
Mild TBIs are the most common type of TBI. And while they are the least severe, they can still have long-lasting effects. Moderate and severe TBIs tend to be much more serious and can result in permanent brain damage symptoms.
What Are Some Common Symptoms of a TBI?
TBIs can lead to a wide range of symptoms. The effects of brain damage can be different for every victim, but some of the most common symptoms include the following:
- Headaches,
- Confusion or memory problems,
- Behavior or mood changes,
- Convulsions or seizures,
- Blurred vision,
- Dizziness,
- Fatigue,
- Nausea and vomiting,
- Slurred speech,
- Sensitivity to light or noise,
- Restlessness, and
- Agitation.
If you are experiencing any of the above symptoms or if your personality changes after a head injury, we highly recommend that you seek medical attention as soon as possible.
What Are Pain and Suffering Damages in TBI Cases?
As mentioned previously, the goal of pain and suffering damages is to compensate the victim for the physical and emotional pain they endured as a direct result of their accident. Below are some examples of pain and suffering damages that may apply to your TBI case.
Physical Pain
Physical pain can impact your daily life, and it is one of the primary factors that can affect your pain and suffering damages. When a jury considers the amount of pain and suffering damages that someone is entitled to, they will usually consider both the severity and the duration of the physical pain.
Anxiety
Accidents can be terrifying experiences, and the resulting injuries can be life-altering. Oftentimes, these incidents can lead to debilitating anxiety. For example, many accident victims subsequently experience symptoms of post-traumatic stress disorder or PTSD. A jury will likely consider this type of anxiety when determining an amount for pain and suffering damages.
Depression
Depression is another psychological factor that can influence the amount of pain and suffering damages that a victim is awarded in a personal injury case. Depression can lead to feelings of sadness, hopelessness, or disinterest in activities, which can substantially impact a person’s life.
Loss of Quality of Life
If you suffered a serious injury in an accident, it is possible that your life will change significantly. You may have to undergo intensive physical therapy, rehab, or other medical treatments, which can impact your ability to go about life as you used to.
Further, because of your injury, you may lose the ability to enjoy daily life activities or socialize with others. Thus, the loss of quality of life is a critical factor when determining pain and suffering damages.
Proving Pain and Suffering Damages
To prove that you incurred pain and suffering, you will want to make sure that you have gathered any relevant:
- Hospital records,
- Evidence of disabilities,
- Doctor’s visit records,
- Proof of ongoing mental therapy,
- Physical therapy records, and
- Witness testimony.
A personal injury attorney can help you collect this important documentation as it will serve critical evidentiary purposes down the line.
Pain and Suffering Settlement Examples
When negotiating a settlement amount, your lawyer should ask the opposing party to consider any pain and suffering damages that would likely be awarded to you by the jury. Below, we give you some examples of brain injury cases that we have worked on that resulted in a settlement.
$425,000 Settlement in Motorcycle Accident TBI Case
In this case, the victim was driving a motorcycle when he was struck by another car at an intersection. The victim suffered a TBI and a spinal fracture. Our attorneys won $425,000 on the victim’s behalf, which helped them pay off medical expenses, recover lost wages, and compensate them for their pain and suffering.
$350,000 Traumatic Brain Injury Settlement
When an off-duty police officer was involved in a car accident, he suffered a traumatic brain injury and rib fractures. The officer wanted the best representation possible, so he called GJEL to assist him in his case for damages. We were able to avoid a trial and settled the matter outside of court for $350,000. This much-needed compensation helped the officer on his road to recovery.
GJEL Accident Attorneys Is Here for You
At GJEL Accident Attorneys, we understand that TBIs can be debilitating injuries. But we have compassionate advocates that can help you get the justice and compensation that you deserve after an accident.
Our team has a 99% success rate in the cases that we have taken on and we are available to take on your case as well. In addition, we work on a contingent basis, which means that you don’t have to pay us until we win your case and get you the money you need.
There are important legal deadlines to meet in every accident case, so please do not hesitate to reach out to us today. To schedule a free consultation, you can contact our office either online or by phone at 1-866-249-2176.
Visit our office nearest to you.