traumatic brain injury

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How to Determine the Value of Your Brain Injury Claim

What price would you put on the capacity to think, feel, and move normally? It’s a tough question to answer because most of us aren’t really sure whether one can even put a price tag on the brain. It’s one of the most important organs we have. It’s responsible for basically every vital operation of our body. When it gets damaged, the consequences can be devastating and last for a lifetime.

If you or someone you love has suffered a traumatic brain injury (TBI) due to the negligence of another party, it is extremely important that you retain the services of an attorney who has experience handling cases like yours. A personal injury lawyer who does not understand the intricacies and expense of brain injury cases may settle for a smaller settlement than will be adequate for your needs.

The thing about TBI cases is that symptoms may not manifest themselves immediately. What appears to be a minor brain injury at first could actually be much more serious. This becomes an issue when a claimant settles early due to the advisement of an inexperienced lawyer. He or she may be happy with the settlement at first but encounter further problems down the line and realize that the true extent of his or her damages is so much greater than initially thought. Unfortunately, this scenario is all too common.

Getting the right attorney can make all the difference and ensure that you obtain more than adequate compensation for your losses. The right attorney will interview you and your family members, consult with neurologists and other relevant professionals, and conduct a thorough investigation of the circumstances surrounding your accident to determine the full extent of your damages. Depending on the facts of your case, you may be entitled to the following damages in addition to medical costs:

  • Loss of Earning Capacity: Brain injury can cause various cognitive and emotional issues such as trouble focusing, trouble controlling anger, and memory problems, as well as physical effects like loss of sensation and fatigue. These factors, in turn, can greatly limit the ability to work and consequently impact your finances. You deserve to recuperate the income you would’ve made if not for your brain injury.
  • Life Care Expenses: If your brain injury was especially severe, you will probably need physical therapy, medications, and perhaps even assisted living care for the foreseeable future. A life care planner can assess your future needs and testify about them to the jury.
  • Pain and Suffering/Loss of Enjoyment of Life: Sometimes referred to as hedonic damages, this refers to a person’s inability – due to injury – to participate in the activities or pleasures of life that were formerly enjoyed.

By establishing these damages, an attorney could qualify you for millions, tens of millions, even HUNDREDS OF MILLIONS OF DOLLARS in recovery. At Wilshire Law Firm, our experienced California TBI lawyers have the knowledge and resources to help you obtain maximum recovery. To learn more about your rights and best legal options in a FREE comprehensive consultation, call us today at (800) 522-7274.