Understanding Damages In TBI Claims

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According to the National Library of Public Medicine, “Traumatic brain injury (TBI) is a leading cause of death and disability among persons in the United States.” It is estimated that each year, nearly 1.5 billion people suffer from TBI. Whether they result from trauma sustained in an accident or the negligence of health care providers, brain injuries have an overwhelming potential to affect the lives of victims and their families profoundly. Working with a medical malpractice attorney with years of experience handling cases like these is crucial. In this post, we will discuss how the attorneys at Bostwick & Peterson utilize their expertise and resources to show how to prove damages in a TBI case.

Economic and Non-Economic Damages

When our attorneys take on a TBI case, their commitment extends beyond conventional negotiations with insurance companies. Bostwick & Peterson is dedicated to advocating for your interests and striving to secure a future for the victim that resonates with a sense of wholeness. When your attorney is negotiating on your behalf, they are determining the different kinds of damages you deserve compensation for:

  • Economic: When someone suffers a traumatic brain injury, the victims are often unable to work. Economic damages entail any lost wages and medical bills.
  • Non-Economic: Along with financial distress, TBI causes severe mental anguish for the victim and their loved ones. Non-economic damages cover pain and suffering and any emotional distress.
  • Punitive: Punitive damages being rewarded to the plaintiff is a rare occurrence. These damages are meant to punish the defendant for exhibiting misconduct, such as a surgeon working under the influence of drugs or alcohol.

Our California personal injury law firm's commitment goes beyond individual cases—we negotiate for proper compensation while actively working to influence policy changes. We aim to instigate systemic transformations that will have a lasting impact on the well-being of future patients.

Factors Can Delay Compensation In a TBI Case

Proving damages in a TBI case is complex, requiring an attorney who understands the many nuances of these cases. Complications that may arise in a TBI case that can affect the victim’s compensation include:

  • Invisible Injuries: The severe effects of a traumatic brain injury are often not visible; therefore, the damages can be harder to quantify. Insurance companies may use this to argue that the victim does not require total compensation. Our attorneys have access to many medical professionals that can help aid your case and prevent this from happening.
  • Delayed Symptoms: Many instances of traumatic brain injury have delayed symptoms, some not appearing for weeks or months after the injury. Learn more about TBI symptoms from Mayo Clinic here.

With a proven record of success litigating brain damage cases, our attorneys are prepared to fight for victims who have suffered from their unseen injuries and potentially delayed symptoms. Our firm has a skilled physician available to evaluate the claim about predicted future medical costs, and this professional assessment can go a long way in securing substantial compensation in terms of an out-of-court settlement or judgment in court.

TBI Attorneys In California

Bostwick & Peterson have dedicated their practice to representing the needs of personal injury victims, including those who suffer from traumatic brain injuries. We will aggressively pursue a level of compensation sufficient to cover all costs associated with the injury. We will pursue all possible forms of compensation for the injured victim and their families.

If you or a loved one has suffered a traumatic brain injury, contact Bostwick & Peterson today for a free consultation. Let us use our expertise to secure the justice and compensation you deserve.