2Q-Solution
Brain injury damages refer to the monetary compensation a victim may obtain following a brain injury caused by the negligence of another person. Such damages include medical expenses, loss of income, and the emotional effects of the injury. Calculating these damages helps victims understand what to expect when making a claim.
Charleston, West Virginia, is a picturesque city with a beautiful riverfront, a rich history, and friendly people. However, can happen anywhere, and residents are not immune to traumatic brain injuries. The victims who need help can contact a Charleston, West Virginia, brain injury lawyer to help them pursue fair compensation for their losses.
What Are the Main Types of Brain Injury Damages?
Brain injury damages are generally classified into economic and non-economic damages. Economic damages is centered on financial loss, and non-economic damages include emotional and personal injury. The Centers for Disease Control and Prevention (CDC) reports that tens of thousands of Americans experience traumatic brain injury annually, and a significant number endure lifelong medical and economic problems because of them.
- The economic damages cover hospital bills, costs of therapy, and lost wages.
- Non-economic damages include pain, suffering, and loss of enjoyment of life.
They make up the entire compensation for a victim.
How Are Economic Damages Calculated?
Economic damages are more measurable since they rely on reported costs. Insurance adjusters and lawyers go through the medical records, pay stubs, and receipts to decide on the overall cost. This covers medical history and future rehabilitation and assistive devices.
Another significant factor in the estimation of economic damages is lost income. When the victim is not in a position to resume work, the future earning capacity is projected according to his age, talents, and profession. These figures provide a solid basis for a fair financial recovery.
How Are Non-Economic Damages Calculated?
The National Institutes of Health (NIH) suggests that the survivors of brain injuries are 60 percent more likely to develop mental health disorders, such as depression or anxiety. This emotional impact greatly influences compensation of non-economic damages. These damages acknowledge the effect of a brain injury on the life of a person, beyond just financial losses.
Damages that are non-economic are more difficult to quantify, as they are concerned with emotional suffering and diminished quality of life. This usually involves:
- The multiplier method is where the total economic damages are multiplied by a number between 1.5 and 5 based on the severity of the injury.
- The per diem approach is where a victim is assigned an amount per day of their pain and suffering. This amount is then multiplied by the number of days suffered.
Final Thoughts
Calculating brain injury damages involves assessing both financial and emotional losses. The economic damages cover quantifiable expenses such as treatment and lost wages, while non-economic damages cover suffering and changes in quality of life. Knowledge of these calculations helps victims and families make informed decisions and get the recovery they deserve.
Key takeaways:
- Brain injury damages include economic and non-economic losses.
- Compensation depends on the severity and long-term effect of the injury.
- Medical and legal professionals play an important role in ensuring fair valuation.
- Data reveals that brain injuries may result in lifelong difficulties, so adequate compensation is necessary.
