Traumatic brain injuries (TBIs) occur when people sustain blows to the head or penetrating injuries to the skull. Some TBIs, such as concussions, are relatively minor, resolving on their own with minimal medical intervention. Others leave people with lifelong disabilities. In all cases, TBIs can cause substantial pain and suffering. The question remains, “How to document pain and suffering after a TBI in California?”

TBIs Can Cause Physical Pain

Pain and suffering account for both physical and psychological harm, both of which are often present in serious TBI cases. TBIs can cause chronic headaches arising from brain swelling, bleeding, or changes in the brain’s chemical balance. Some patients also experience pain in other body parts, including the face, neck, shoulders, back, or limbs. This referred pain occurs as a result of inflammation, brain damage, or changes in how patients process pain.

Neuropathic pain is also common after TBIs. This type of pain occurs as a result of nerve damage. It can manifest in several ways. Some people experience burning pain, while others have numbness, tingling, or shooting pain.

Psychological Pain Can Also Be Compensated

Pain and suffering doesn’t just refer to the physical pain experienced by TBI patients. It also encompasses psychological pain, such as emotional distress, mental anguish, and reductions in the accident victim’s quality of life. Symptoms of depression, anxiety, and post-traumatic stress disorder (PTSD) are all considered proof of psychological pain.

How Damages Are Calculated

Calculating pain and suffering under TBI laws can be very challenging. Traumatic brain injuries can have long-lasting, profound effects on a person’s life, causing chronic pain and extreme emotional turmoil. Some of the factors routinely considered when calculating pain and suffering are listed below:

  • Injury severity. More severe injuries that result in permanent impairments often lead to higher awards for pain and suffering.
  • Medical evidence. Medical records, diagnostic imaging, and credible testimony from a licensed physician all come into play when determining the extent of the injury and how it has affected the accident victim’s life.
  • Impact on daily life. The extent to which a TBI negatively impacts the victim’s daily life can also affect pain and suffering awards. Keeping a detailed log of how your ability to work, perform daily activities, and enjoy hobbies can help you prove how the injury has impacted your life.
  • Duration of recovery. Courts also consider how long it may take a person to recover from their TBIs when determining pain and suffering. Permanent impairments and prolonged recovery periods tend to result in higher awards.
  • Mental health diagnoses. Mental health diagnoses such as anxiety, depression, and PTSD can be used as proof of pain and suffering.
  • Loss of enjoyment. If a TBI has diminished the accident victim’s capacity to engage in activities they used to enjoy, that loss of enjoyment can be factored into determining what they are owed for pain and suffering.
  • Age and life expectancy. Younger people with longer life expectancies typically receive higher awards for pain and suffering when permanently disabled.

How you were injured can also impact your settlement amount. Non-economic damages in California non-fatal medical malpractice claims are limited by the Medical Injury Compensation and Reform Act.

The Frequency of TBIs

There are around 350,000 people suffering from TBIs in the Golden State. In 2022, there were 33,626 emergency department visits and 4,827 hospitalizations for TBIs among Californians aged 24 or younger alone. Traumatic brain injuries are even more common among adults 55 and older. In many of these cases, traumatic brain injuries lead to substantial pain and suffering.

Why Choose Us?

You deserve to work with a California TBI attorney who has experience in handling complex cases and getting clients the settlements necessary to pay for their damages in traumatic brain injury cases. This is what Easton & Easton can offer. We have a proven process for getting full settlements for our clients, and, as a result, we’ve obtained over $2 billion in settlements.* Let us help you get the compensation you deserve.

FAQs

Q: What Is the Average Settlement for a TBI Injury?

A: There is no average settlement for a TBI injury. Because every traumatic brain injury case is different, every settlement is, as well. Factors that can influence the amount of your final settlement include the severity of your TBI, whether you’re likely to suffer lasting effects from it, and how much liability you held for the accident that caused your injury.

Q: How Do You Document Pain and Suffering?

A: You can document pain and suffering in several ways. Your medical records can be helpful in proving this form of damages, as can photographs of your visible injuries. You should also keep a daily journal detailing your level of pain and any activities you missed due to your injuries and collect statements from your friends or family members that detail the ways your daily life has changed since the accident.

Q: Is a TBI Considered a Permanent Disability?

A: Whether a TBI is considered a permanent disability depends on the extent of your injuries and whether you are likely to heal from them. Concussions and other mild TBIs typically resolve over time. Moderate to severe traumatic brain injuries typically cause lifelong physical, cognitive, and psychological deficits that alter accident victims’ lives, making them permanent disabilities.

Q: How Can You Prove a Traumatic Brain Injury?

A: You can prove a traumatic brain injury by providing a combination of objective medical diagnostics and real-world proof of how your TBI has affected your daily life. TBIs don’t always show up on standard imaging, so building a strong case typically requires a formal diagnosis from a neurologist or neuropsychologist in conjunction with the results of neuropsychological testing and witness testimony regarding specific changes in cognitive abilities and behavior.

Hire a TBI Lawyer Who You Can Trust

If you’ve suffered a traumatic brain injury during an accident that was caused by someone else’s negligence or intentional actions, you can hire a TBI lawyer to help you recover damages. Your personal injury lawyer can handle all the details of your case, from gathering evidence to negotiating a fair settlement with the liable party’s insurance company, so that you can focus on healing from your injuries and finding ways to move on with your life. Contact a TBI attorney at Easton & Easton to learn more.

*Past results do not guarantee a similar outcome. Every case is different.