The purpose of your personal injury claim is to hold a defendant accountable for the harm they have done and secure compensation for your damages. The average plaintiff in a personal injury case will have the right to seek full compensation for all the economic losses they suffered, and they can also claim compensation for their pain and suffering. Economic damages are more straightforward and proven with the appropriate documentation. Economic damages you might be able to claim in your brain injury case can include:
- Medical treatment costs. The defendant who caused your injury is liable for the cost of all medical treatment you require to recover as fully as possible from your injury. This includes future medical expenses if you will require ongoing rehabilitative care.
- Lost income. When a plaintiff is unable to earn income due to their injury, the defendant is responsible for the wages they lose during their recovery. If a brain injury results in a permanent loss of earning capacity, the defendant is liable for the victim’s lost future wages as well.
- Property damage. If the defendant also damaged or destroyed the plaintiff’s personal property with their negligence or misconduct, they are responsible for these damages as well.
After calculating the extent of your immediate and future economic damages with the help of your Riverside brain injury attorney, you might be surprised to learn that your case is more valuable than you initially expected. However, you also have the right to claim compensation for your pain and suffering.
Your Riverside brain injury attorney can help determine a fair amount of pain and suffering compensation to seek for your injury. If you are expected to make a relatively full recovery in the near future, they may base their calculations on the time it takes you to recover. Otherwise, if you suffered permanent harm, they are more likely to use the multiplier method, adding up the total of your economic losses and then multiplying this figure by a factor that represents the severity of your condition.
Other factors could also enhance your case award in a brain injury claim. For example, if the defendant caused the injury through some type of illegal action, they could owe you punitive damages alongside the civil damages claimed in your personal injury suit. Alternatively, they may face restitution as an element of their sentencing in criminal court. Your Riverside brain injury attorney can explain the potential impact of any such variables in your case.
Q: How Much Compensation Can You Claim for a Traumatic Brain Injury in Riverside?
A: The total value of your personal injury claim in Riverside hinges on the scope and severity of the losses the defendant inflicted with their negligence or illegal misconduct. Your Riverside brain injury attorney can help calculate all your recoverable medical expenses, property damage, lost income, and your lost future earning capacity. They can also assist you in recovering suitable pain and suffering compensation to reflect the severity of the injury you suffered.
Q: Does a Traumatic Brain Injury Ever Heal?
A: One of the most challenging aspects of traumatic brain injuries is their unpredictability. Some brain injuries may only result in short-term symptoms, and victims will appear to fully recover, while others are profoundly disabling. It’s possible for symptoms to appear gradually over time, or severe symptoms may fade and then reappear later. Brain injuries have a very high chance of resulting in permanent harm, and every victim will have an entirely unique recovery experience. Almost any brain injury leaves the victim more susceptible to additional brain injuries in the future.
Q: How Much Pain and Suffering Compensation Can I Claim for a Traumatic Brain Injury?
A: California law only limits pain and suffering compensation in medical malpractice cases. As long as your injury was not the result of medical malpractice, you have the right to claim as much as you believe to be appropriate to reflect the severity of your injury. Your attorney might calculate pain and suffering compensation based on the long-term complications your injury is likely to cause, or they may base their calculation on the time it will take for you to recover as fully as possible.
Q: What Happens if a Plaintiff Is Partially Liable for Their Brain Injury?
A: If a plaintiff in a personal injury case is revealed to be partially responsible for causing their claimed damages, they will lose a percentage of their final case award to account for this shared liability. The state’s pure comparative negligence law dictates that the plaintiff’s fault percentage will be subtracted from their case award, and they keep the rest. For example, if you are found 30% at fault for your damages, you lose 30% of the compensation claimed from the defendant.
Q: What Will It Cost to Hire a Riverside Brain Injury Attorney?
A: When you are already struggling with the economic impact of a serious injury, it is natural to worry about how much it would cost to hire an attorney to help you recover compensation for your damages. The attorneys at Easton & Easton make legal representation accessible when you need it most with contingency fee billing. We do not take upfront or ongoing legal fees from our clients. Instead, we will take a percentage of the total case award we recover on your behalf after we win your case. If our firm is unable to secure compensation for your brain injury, there is no fee at all.
Easton & Easton can help prove liability for the brain injury you or a loved one recently suffered in Riverside. Whether you are pursuing compensation on your own behalf or on behalf of a family member, we can provide guidance and support through every phase of your recovery efforts until you ensure accountability for the harm done and secure compensation for your damages. You have a limited time in which to file your case, so contact us today and schedule your consultation with a Riverside brain injury attorney you can trust.