If you've suffered a traumatic brain injury due to someone else's negligence, the challenges can feel overwhelming. You deserve fair compensation for your medical expenses, lost income, physical pain, emotional suffering, loss of enjoyment of life, and other damages.
At Hofmann & Schweitzer, our New York and New Jersey brain injury lawyers understand the life-altering impact of brain injuries. We help people secure the traumatic brain injury compensation needed to cover medical expenses, replace lost income, and account for the profound changes to their quality of life.
Medical Expenses and Rehabilitation Costs
A traumatic brain injury (TBI) typically requires extensive medical treatment that can quickly exceed insurance coverage limits. Your TBI personal injury claim should account for all these expenses, which may include but are not limited to:
- Emergency medical services
- Hospital stays
- Surgeries
- Doctors’ appointments
- Medications
- Physical therapy
- Speech and language therapy
- Occupational therapy
- Specialized equipment and home modifications
Ongoing medical care may be necessary for months, years, or even a lifetime after a severe brain injury. Your traumatic brain injury compensation should account for future medical costs and potential complications that might arise.
Lost Income and Future Earning Capacity
A traumatic brain injury can interrupt your ability to work, sometimes permanently. That’s why lost income is often one of the most significant components of a brain injury compensation claim. Your settlement should reflect the wages and benefits you've already lost during recovery and your reduced ability to earn income in the future.
Compensation should account for:
- Missed paychecks
- Lost bonuses and commissions
- Diminished future earning potential, including missed promotions and raises
- The long-term impact on career growth and job stability
If you’re self-employed, documenting lost income can be especially complex. Our brain injury attorneys can help assemble the necessary financial records, business projections, and expert analysis to demonstrate how your injury has affected your livelihood.
When a brain injury prevents you from returning to work, your claim should reflect your total loss of lifetime earnings. Factors like age, education, job skills, and prior earnings history are all weighed when calculating a fair and comprehensive settlement.
Pain and Suffering Damages
Beyond measurable economic losses, traumatic brain injuries often cause significant pain and suffering that deserves compensation. These non-economic damages acknowledge the physical pain and discomfort that many TBI victims experience daily. These damages include, but are not limited to, compensation for:
- Depression
- Anxiety
- PTSD
- Other psychological conditions that impact your quality of life
- Loss of enjoyment in activities and hobbies you enjoyed before the accident
- Loss of enjoyment in family activities and traditions
- Personality changes
Our New York and New Jersey personal injury lawyers understand how to present these profound changes effectively when seeking fair compensation for your injury.
Factors That Influence Your TBI Compensation Amount
Every case is unique. Some of the things that may affect the compensation you receive for your brain injury include:
The Severity of Your Injury
Mild concussions typically result in smaller settlements than moderate or severe TBIs with lasting effects. Medical documentation that establishes the extent of your injury is essential for maximizing your recovery.
Medical Documentation
Thorough medical documentation forms the foundation of any successful TBI claim. Ensure all health care providers note your symptoms, diagnoses, and the connection between your accident and your brain injury.
Expert testimony from neurologists, neuropsychologists, and rehabilitation specialists can strengthen your claim by explaining complex medical concepts to insurance adjusters or jurors. These professionals can effectively communicate how your brain injury affects your daily functioning and future prospects.
Your Age and Health
Your age and pre-injury health conditions factor into brain injury settlements. Younger victims with many working years ahead typically receive larger awards for lost earning capacity than older individuals nearing retirement.
Journals
Regular journal entries documenting your symptoms, limitations, and emotional state provide compelling evidence of your injury's impact. Recording how your brain injury affects everyday activities creates a powerful narrative that helps others understand your experience.
Testimony From Friends and Family
Testimony from family members, friends, and colleagues who can describe changes in your abilities and personality adds crucial context to your claim. These personal accounts often provide the most compelling evidence of how profoundly a brain injury has changed your life.
Employment Records
Employment records showing missed work, reduced responsibilities, or career changes help establish the financial impact of your injury. Performance reviews before and after your accident can highlight cognitive changes affecting your earning capacity.
Establishing Liability
The clarity of liability in your case significantly impacts potential compensation. Insurance companies are more likely to offer fair settlements rather than risk paying more at trial when the other party's fault is obvious and well-documented.
Legal Representation
Your choice of legal representation can dramatically affect your settlement amount. Schedule a free consultation with a personal injury lawyer, review client testimonials, and read about case results before you decide who to hire.
