A traumatic brain injury may be classified as mild, moderate, or severe. When evaluating brain injury claims, many insurance companies often attempt to classify the brain injury as “mild.” While some injuries are clearly more severe than others, any attempt by an insurance company to downplay the seriousness of a brain injury is unacceptable. The brain injury attorneys in our office are experienced in dealing with insurance companies in these cases and will work to develop a plan that seeks adequate compensation for a brain injury victim. Even when an injury seems minor at first, the victim may develop serious disabilities or personality changes as a result of the injury.
A mild traumatic brain injury can be the most difficult to diagnose and treat. Many of the symptoms of mild and even moderate brain injuries are subtle and may not be detected by routine tests. In some cases, mild brain injuries can remain undiagnosed for several months.
Possible Symptoms of Brain Injuries
- Impaired judgment
- Difficulty speaking and communicating
- Memory loss
- Impaired sight, smell, or taste
- Difficulty swallowing or chewing
- Short-term memory loss, decreased attention, or trouble concentrating
- Sleep disorders
- Unusual anger, depression, or other personality changes
Brain Injury Settlements
While each case is different, a brain injury victim and his or her family may be eligible under California law to receive compensation for the following types of damages:
Medical Expenses: Through a brain injury lawsuit, a victim may receive compensation for past, present, and future medical expenses. In addition, a brain injury victim may be eligible to receive compensation to cover the costs of in-home care and rehabilitation expenses, such as physical, occupational, and speech therapists, as well as home health aides.
Lost Wages and Loss of Future Earning Capacity: A brain injury victim may receive compensation for work missed while recovering from a brain injury. Furthermore, if the brain injury reduces the victim’s ability to perform the essential function of his or her job, he or she may be able to recover damages for diminished earning capacity.
Pain and suffering: Victims may be eligible to receive compensation for the physical pain and emotional suffering caused by a brain injury. This may include chronic headaches, lifestyle changes resulting from the injury, and an overall reduced quality of life.
Loss of Consortium: If the brain injury victim is married, the injured person’s spouse may have a claim for loss of consortium. Loss of consortium is intended to compensate a victim’s spouse for deprivation of the benefits of a family relationship.
Punitive Damages: In cases of particularly egregious or reckless conduct, a court may award punitive damages. Punitive damages are designed to punish the person whose conduct contributed to the brain injury and discourage other individuals or entities from engaging in similar behavior in the future.
In California, there is a time limit in which a brain injury lawsuit may be filed, so it is important that you contact us as soon as possible.