Wyatt Law Firm helps people who have suffered life-changing brain injuries through the negligent acts of others. We work together with our clients to help them recover adequate financial compensation to cope with the financial and emotional toll a brain injury can take.
Contact a San Antonio brain injury attorney at Wyatt Law Firm for a free evaluation of your case.
Treatment Following A TBI
Since brain injuries can cause permanent disability, treatment could last a lifetime. It is difficult to make a complete recovery after a TBI, but certain treatments can help restore certain functions and make daily life more manageable for patients.
Treatment for brain injury patients often includes:
- Diagnostic imaging (ex: CT scans)
- Rehabilitation (ex: occupational therapy)
- Counseling and support groups
- Daily living aids (ex: wheelchair, home nurse, etc.)
Potential Compensation For Brain Injury Victims
Traumatic brain injury victims could be entitled to a number of different claims for damages following a wrongful injury, including both economic and noneconomic losses. Economic losses are those damages that can be quantified, such as medical expenses, while noneconomic damages deal with losses that are difficult to measure monetarily, such as pain and suffering. Texas tort reform has placed a cap on noneconomic damages available for a plaintiff to recover in medical malpractice cases.
Some of the ccompensation you may be able to recover under include:
Cost of Medical Expenses
This would cover the cost of medical expenses past, present, and future in connection with the wrongful injury.
Loss of Enjoyment of Life
People living with brain damage resulting from an act of negligence could claim loss of enjoyment of life due to the diminished ability to enjoy daily activities.
Loss of Earning Capacity
A brain injury may prevent a person from ever being able to work for an income again. Loss of earning capacity is an economic damage that calculates an individual's potential earning capacity from the time of injury to the time of anticipated retirement and can be affected by factors such as the plaintiff's age, overall health, and their occupation.
Loss of Consortium
Consortium refers to the benefits and comforts of marriage. A brain injury may limit or completely diminish the ability for marital comfort, companionship, and assistance.
Pain and Suffering
It can be difficult to assign a dollar value to suffering, but that is what a plaintiff is attempting to do with a pain and suffering claim. Factors considered include: the extent and severity of the injury, how much pain it caused (emotionally and physically), and how long the pain/suffering is expected to continue in the future.
It can be important in a personal injury claim for the plaintiff to ask for attorney fee compensation. Because most personal injury lawyers compute their fee as a percentage of the total recovery, asking for attorney fee compensation attempts to remove the risk of attorney fees cutting into the client's monetary reward for physical and emotional pain.
Punitive damages act as a form of discipline to hold the defendant accountable for their negligent act or omission. These are not awarded in every case.
No Recovery, No Fee. Call Wyatt Law Firm Today
If you or someone you love sustained a serious brain injury, traumatic brain injury (TBI) or other type of brain damage in an accident, you may be able to recover financial compensation. We do not charge our clients attorney fees unless we secure a recovery on their behalf. To learn more about your legal rights and options, contact a San Antonio brain injury attorney at Wyatt Law Firm today.