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What Kind of Compensation Can You Expect for a Traumatic Brain Injury?

 A TBI or traumatic brain injury may have life-changing effects such as sensory impairment, physical discomfort, cognitive disability, and behavioral shifts. If you have sustained a TBI because of someone else’s negligent behavior, you may be able to recover for your expenses through a personal injury claim. Read on to learn about the compensation you may receive.

Understanding TBI

A traumatic brain injury is any that impairs the organ’s normal function. These injuries have numerous causes, with most involving auto accidents, dog bite attacks, and slip-and-fall incidents. A concussion is a mild form of TBI, and usually, mental and physical rest is all that’s required for a full recovery. However, the most serious TBI types may cause death or life-long disabilities that require around-the-clock care.

A traumatic brain injury may be classified as closed or open. With an open TBI, an object penetrates the skull and enters the brain. Closed TBIs involve jolts, blows, and bumps to the head, and they’re more common than open TBIs. Though it’s possible to suffer such an injury at any age, children are more vulnerable than adults are. If a child sustains a TBI, parents or legal guardians may file a claim on their behalf with help from an attorney with

Different Types of TBI Compensation

If a traumatic brain injury occurs because of another person’s intentional or reckless acts, you may be able to file a claim for these losses.

  • Medical bills: Through a claim, you may be able to get reimbursed for emergency room visits, diagnostic tests such as x-rays and MRIs, therapy, and medication. If you’ll need ongoing speech, physical, and occupational therapy, the projected costs may be included in a settlement.
  • Lost wages: This compensation category includes time you’ve missed from work while recovering from an injury. You may also receive compensation for the reduction in your earning potential because of the TBI’s long-term effects.
  • Pain and suffering: A personal injury claim for pain and suffering will include reimbursement for the emotional and physical traumas you’ve suffered because of the injury.

Medical bills and lost income are calculated based on proven expenses related to the incident. Pain and suffering is typically calculated by multiplying your medical expenses against a set formula. However, if your TBI was serious enough to cause life-long cognitive impairment, you may receive a more substantial settlement.

Liability and Compensation Eligibility

New York’s laws still allow you to gain compensation for a TBI even if you are partially responsible for an accident. However, because it’s a pure contributory negligence state, your award will be reduced by your share of liability. For instance, if you were found to be 15% responsible, you’d only get 85% of the predicted settlement amount.

Find Legal Help

After a traumatic brain injury, you and your family may believe that you can’t afford to hire legal counsel. Thankfully, injury attorneys work on contingency, which means you only pay in the event of a successful recovery. With a lawyer’s help, you’ll be able to focus more on your recovery.

To protect your rights, it’s important to get advice from a lawyer who has handled personal injury claims involving traumatic brain injuries. A lawyer with this focus will find medical witnesses to testify for you and negotiate for the highest settlement possible.

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