In our last post, we spoke briefly about the high costs of brain injury
for accident victims and their families. As we pointed out, it is important
for accident victims to work with an experienced attorney for help and
guidance in building a strong damages case. Building a strong case for
damages means not only gathering detailed evidence regarding the existing
costs resulting from the accident, but also the costs the plaintiff is
likely to incur in the future from the accident.
Such damages are referred to as compensatory, since they are aimed at
paying back the accident victim for the costs and losses he or she sustains as a result of the accident.
Compensatory damages can involve past costs and future costs, and can
include things like lost wages and loss of earning capacity as well. Getting
an accurate measurement on compensatory damages is important in brain
injury cases, and yet not always easy to do. Defendants, of course, can
almost always be expected to minimize the appropriate damages award.Â
In addition to compensatory damages, non-economic compensatory damages
can and should be sought when appropriate in brain injury cases. Non-economic
damages, which are so-called because they are not readily measured in
economic terms, include things like pain and suffering, loss of consortium,
and loss of enjoyment of life. For accident victims who do not have significant
compensatory damages, for one reason or another, non-economic damages
are particularly important.
In some brain injury cases, punitive damages may be a possibility as well,
but punitive damages are only available under certain circumstances. In
our next post, weâll pick up on this point.