What Can Be Awarded in a TBI Claim?
A traumatic brain injury or TBI is one of the worst labeled injuries to go through in life. The brain is the primary function and source of everything we do, from our thoughts to movements. Once the brain is damaged, there is no telling how long or if the person can ever make a full recovery. Each case is different, and inside the courtroom, the awards given to the victims for head injury claims vary upon the extent of damage and the bills that occurred.
To understand how much a court can award the victim, we must first know the scope of the damage and if the victim has to live with the damage for the remainder of their life. The loved ones who have to take care of the injured will also see a substantial reward if they tend to the victim regularly.
The extent of TBI is taken into consideration. The injuries range from the following:
- Concussion
- Loss of memory
- Vision loss or speech impairment
- Loss of body movements and function
A Concussion is the Lesser of TBIs
A concussion is nothing to take lightly, but it is one of the lesser TBIs that most people endure when getting into a car crash or work-related injury. The Mayo Clinic defines a concussion as “a type of traumatic brain injury that results when force disrupts normal brain function.” When a person has a TBI, there are varying degrees of severity. A mild head injury typically consists of a brief mental state or consciousness change, while more severe cases can result in extended periods of unconsciousness or memory loss.
Although concussions are serious injuries, if you have one after getting into an accident caused by another at-fault party’s negligence, it may be worth seeking legal help for your case. Your chances of getting compensation go up exponentially if you seek help from an attorney. Some lawyers who work on car accident cases will take them on contingency, meaning if they don’t get you a reward, they won’t take any payment from you.
In the United States, lawyers primarily use negligence to prove that another person was responsible for an accident and liable for any damages caused. In general, if a court finds that a defendant was negligent, it can order them to pay compensation to the plaintiff, covering their medical bills and future treatment and lost wages due to time missed from work while recovering.
The average amount of compensation awarded to someone with a concussion in a car accident is around $65,000. The price of future medical care and wage losses are considered when creating this number.
Loss of Memory, Vision, or Speech
Mild concussions can sometimes be over within 48 hours. However, some are more serious, leading to memory loss, vision, or speech. Loss of memory stems from damage surrounding the hippocampus, where memories are stored. Depending on how severe this type of memory loss is, a person can lose years’ worth of memories or just small bits and pieces. Memory loss is typically tested by asking simple questions such as “What did you eat for breakfast?” If someone cannot remember what they ate for breakfast that morning, they have suffered some sort of loss in their memory.
Vision problems stem from damage to the occipital lobe, which processes visual information and sends signals about what we see to other parts of the brain. Vision problems can range anywhere from misreading text to not being able to see at all. Generally speaking, vision problems directly affect one’s ability to work and, therefore, be considered a severe injury. If someone cannot work because of vision problems, they would likely receive compensation in some form or another.
Loss of speech can happen when damage to any part of the brain that controls language, including the frontal lobe. The person may not be able to breathe correctly or swallow (if their muscles are affected) and therefore may require medical care for an extended period. It is also possible that they will never regain complete control over their speaking ability. One way to determine if someone has lost their speech is by asking them how many sticks equal five; if they answer “two” instead, they have most likely lost part or all of their motor functions needed for speaking, which means they would receive some sort of compensation.
These ranges are based on a chart that shows compensation for the level of severity for each type of injury looked at together. On average, someone who loses memory would receive $200,000+ in compensation. Someone who has lost their vision would typically receive a little over $1 million, and someone with loss of speech would likely receive slightly under the same amount as the person with loss of vision you can also visit https twitch tv activate code.
Loss of Body Movements or Function
When an accident occurs and the TBI is severe, the victim may find themselves in a wheelchair for life. In a car accident involving a TBI, it is common for the victim to suffer from losing parts of their body movements or functions. Most people who suffer from a traumatic brain injury will live life in a wheelchair if they have lost enough position in their lower limbs or body. The amount awarded to the victim could be endless. The average court award for a TBI victim is $2.8 million but can be as high as $5.6 million, depending on the severity of the injury and the state in which it takes place. The primary factors go by the longevity of the person’s life, on average. There has to be enough compensation for the remainder of the person’s life for bills and medical treatment.
Also Read about the Most Common Damages inPersonal Injuries Claims
