Traumatic brain injuries (TBIs) often involve hidden suffering that goes beyond physical pain. This article explores the concept of “pain and suffering” damages in TBI cases and how GJEL Accident Attorneys can help you seek compensation for the full extent of your injuries.
In many personal injury claims, pain and suffering damages are part of a broader category of non-economic damages. In TBI cases, these damages can make up a significant part of a settlement or jury award because a brain injury may affect a person’s thinking, personality, independence, and daily life in ways that are not reflected by medical bills alone.
A traumatic brain injury, or a TBI, can change your life instantly. If you or a loved one suffered a brain injury in a personal injury accident, you know that a brain injury can affect someone’s physical, emotional, and cognitive well-being.
However, it may be comforting to know that the law provides remedies not only for a victim’s physical injuries but also for their emotional harm. One example of these remedies for emotional harm is pain and suffering damages. Pain and suffering damages intend to compensate the victim for the emotional pain and suffering they experienced due to the accident.
They may also cover the broader human impact of a TBI, including physical discomfort, mental anguish, personality changes, and the loss of enjoyment that comes from no longer being able to live as you once did.
Because pain and suffering damages can be difficult to prove, you will want to make sure that you have an experienced brain damage lawyer on your side when seeking these types of damages. At GJEL Accident Attorneys, we have the tools and expertise necessary to get you the pain and suffering damages you deserve.
Below, we discuss traumatic brain injuries and pain and suffering damages so that you can be more fully informed before proceeding with your legal claim.
What Is a Traumatic Brain Injury?
TBIs are injuries to the brain that usually result from violent blows or jolts to the head. TBIs are categorized into three different types based on their level of severity: mild, moderate, and severe.
Mild TBIs are the most common type of TBI. And while they are the least severe, they can still have long-lasting effects. Moderate and severe TBIs tend to be much more serious and can result in permanent brain damage symptoms.
What Are Some Common Symptoms of a TBI?
TBIs can lead to a wide range of symptoms. The effects of brain damage can be different for every victim, but some of the most common symptoms include the following:
- Headaches,
- Confusion or memory problems,
- Behavior or mood changes,
- Convulsions or seizures,
- Blurred vision,
- Dizziness,
- Fatigue,
- Nausea and vomiting,
- Slurred speech,
- Sensitivity to light or noise,
- Restlessness, and
- Agitation.
Some TBI victims also experience chronic migraines, ongoing exhaustion, frustration with communication problems, and difficulty controlling emotions or impulses. These symptoms can become important evidence when showing how deeply the injury has affected day-to-day life.
If you are experiencing any of the above symptoms or if your personality changes after a head injury, we highly recommend that you seek medical attention as soon as possible.
What Are Pain and Suffering Damages in TBI Cases?
As mentioned previously, the goal of pain and suffering damages is to compensate the victim for the physical and emotional pain they endured as a direct result of their accident. Below are some examples of pain and suffering damages that may apply to your TBI case.
Physical Pain
Physical pain can impact your daily life, and it is one of the primary factors that can affect your pain and suffering damages. When a jury considers the amount of pain and suffering damages that someone is entitled to, they will usually consider both the severity and the duration of the physical pain.
In TBI cases, physical pain may include chronic headaches, migraines, dizziness, nerve-related discomfort, light sensitivity, noise sensitivity, and ongoing fatigue. Even symptoms that are hard for others to see can still support a substantial pain and suffering claim when they interfere with normal living.
Anxiety
Accidents can be terrifying experiences, and the resulting injuries can be life-altering. Oftentimes, these incidents can lead to debilitating anxiety. For example, many accident victims subsequently experience symptoms of post-traumatic stress disorder or PTSD. A jury will likely consider this type of anxiety when determining the amount of pain and suffering damages.
Anxiety in a TBI case may also involve fear about the future, panic during driving or travel, and distress caused by memory issues, slower thinking, or trouble communicating clearly.
Depression
Depression is another psychological factor that can influence the amount of pain and suffering damages that a victim is awarded in a personal injury case. Depression can lead to feelings of sadness, hopelessness, or disinterest in activities, which can substantially impact a person’s life.
Loss of Quality of Life
If you suffered a serious injury in an accident, your life may change significantly. You may have to undergo intensive physical therapy, rehab, or other medical treatments, which can impact your ability to go about life as you used to.
Further, because of your injury, you may lose the ability to enjoy daily life activities or socialize with others. Thus, the loss of quality of life is a critical factor when determining pain and suffering damages.
This can include the loss of enjoyment of hobbies, sports, family routines, social events, and other activities that once brought meaning and pleasure. In serious TBI cases, a person may also lose a degree of independence, which can greatly increase the value of non-economic damages.
Personality Changes and Relationship Harm
Brain injuries can affect far more than memory and concentration. Some victims experience mood swings, irritability, poor impulse control, or a dramatic personality shift that makes them feel like a different person after the accident. These changes can affect friendships, parenting, work relationships, and a victim’s sense of identity.
In some cases, a TBI also harms the relationship between the injured person and a spouse or partner. This may involve loss of companionship, intimacy, emotional support, or the ability to participate in family life in the same way as before. These relationship losses can be an important part of a serious brain injury claim.
Proving Pain and Suffering Damages
To prove that you incurred pain and suffering, you will want to make sure that you have gathered any relevant:
- Hospital records,
- Evidence of disabilities,
- Doctor’s visit records,
- Proof of ongoing mental therapy,
- Physical therapy records, and
- Witness testimony.
It can also help to keep a personal journal describing headaches, sleep issues, emotional struggles, missed activities, and daily limitations. Testimony from family members, close friends, coworkers, therapists, and neuropsychology experts can also help prove the invisible effects of a brain injury.
A personal injury attorney can help you collect this important documentation as it will serve critical evidentiary purposes down the line.
How Pain and Suffering Damages Are Often Estimated
Because pain and suffering damages do not come with a fixed price tag, lawyers and insurance companies often use common valuation methods during settlement negotiations. One is the multiplier method, which applies a number to the victim’s economic damages based on the severity and lasting impact of the injury. Another is the per diem method, which assigns a daily value to the victim’s suffering over a certain period of time.
These methods are only starting points. The final value of a TBI claim usually depends on the facts of the case, including how serious the injury is, whether the symptoms are permanent, how young the victim is, how much independence has been lost, and how strong the supporting evidence is.
Pain and Suffering Settlement Examples
When negotiating a settlement amount, your lawyer should ask the opposing party to consider any pain and suffering damages that would likely be awarded to you by the jury. Below, we give you some examples of brain injury cases that we have worked on that resulted in a settlement.
Settlement value can vary widely from case to case. Mild TBIs may lead to more limited recoveries, while severe traumatic brain injuries that require long-term care, supervision, or major lifestyle changes can result in much larger settlements or verdicts. The amount often turns on the medical evidence, the credibility of the symptoms, and how clearly the injury has changed the victim’s life.
$425,000 Settlement in Motorcycle Accident TBI Case
In this case, the victim was driving a motorcycle when he was struck by another car at an intersection. The victim suffered a TBI and a spinal fracture. Our attorneys won $425,000 on the victim’s behalf, which helped them pay off medical expenses, recover lost wages, and compensate them for their pain and suffering.
$350,000 Traumatic Brain Injury Settlement
When an off-duty police officer was involved in a car accident, he suffered a traumatic brain injury and rib fractures. The officer wanted the best representation possible, so he called GJEL to assist him in his case for damages. We were able to avoid a trial and settled the matter outside of court for $350,000. This much-needed compensation helped the officer on his road to recovery.
It is also important to understand that rules on non-economic damages can vary depending on the type of case. For example, some medical malpractice claims are subject to damage limits under state law, while many general personal injury cases are not. A California brain injury lawyer can explain how those rules may apply to your claim.
GJEL Accident Attorneys Is Here for You
At GJEL Accident Attorneys, we understand that TBIs can be debilitating injuries. But we have compassionate advocates who can help you get the justice and compensation that you deserve after an accident. Our California based TBI attorneys are standing by ready to help you and your family during this difficult time.
Our team has a 99% success rate in the cases that we have taken on and we are available to take on your case as well. In addition, we work on a contingent basis, which means that you don’t have to pay us until we win your case and get you the money you need.
There are important legal deadlines to meet in every accident case, so please do not hesitate to reach out to us today. To schedule a free consultation, you can contact our office either online or by phone at 1-866-249-2176.
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