Filing Traumatic Brain Injury Lawsuit

What Type of Damages Can I Recover Through a TBI Injury Lawsuit?

Filing Traumatic Brain Injury Lawsuit

I’m Ed Smith, a Sacramento Brain Injury Lawyer. When you have suffered a traumatic brain injury (TBI) in California, after your health and long-term prognosis there is likely one other question on your mind: how will you be able to pay for all the medical treatment and ongoing care you are going to need? Below we will discuss recovering damages by filing TBI lawsuit.

Economic Losses in TBI

Even a mild TBI can result in thousands of dollars of medical bills and days missed from work. On the other end of the spectrum, a young individual who suffers a severe TBI may require hundreds of thousands of dollars (or more) in ongoing medical care and assistance over the course of his or her lifetime.

A successful TBI lawsuit can result in the TBI victim being awarded monetary damages for his or her losses or expenses. But what exactly are these damages for, and what steps can a TBI victim take to increase his or her chances of obtaining the greatest amount of compensation possible?

Damages Available to TBI Victims

In general, any loss or expense that is attributable or causally connected to the conduct of the person who caused the TBI injury can be compensated through a monetary damages award. The overarching goal of a damages award is to put the victim in the same financial position he or she would have been had he or she not suffered the TBI injury and incurred the associated costs and expenses. Thus, compensation is generally available for:

  • Medical expenses incurred in initially treating the TBI, like emergency room costs, diagnostic tests, and hospitalization expenses;
  • Ongoing medical or treatment costs such as follow-up appointments and in-home care;
  • Lost wages due to time the victim and any family member who cared for the victim missed from work as a result of the injury;
  • Lost future wages if the victim is unable to return to his or her former job and must take a job that pays less and/or provides less hours (or if the victim is unable to return to work at all);
  • Incidental out-of-pocket expenses incurred as a result of the TBI;
  • Pain and suffering the victim experienced during the infliction of the TBI or in dealing the effects of the TBI.

These are just some of the expenses and losses that a monetary damages award can be used to compensate the victim. Depending on the facts and circumstances, you may be entitled to additional damages like punitive damages.

What Can I Do to Maximize My Monetary Recovery?

What you do in the aftermath of a TBI can significantly impact the amount of monetary damages you are able to recover. Although the moments after a TBI can be stressful, confusing – even terrifying – you should:

  • Refrain from making any oral or written statements in which you admit fault or suggest that you might be at fault;
  • Seek out immediate medical attention and follow all treatment directions of your doctor;
  • Be honest with all medical personnel and others investigating the accident about how the accident occurred and all symptoms you are experiencing;
  • Keep copies of important records, medical bills, prescriptions, receipts, and records of other expenses that you incur.

Reach Out to Ed Smith, a Sacramento TBI Lawyer

California TBI attorney Ed Smith is experienced in handling TBI injuries and is committed to helping TBI injury victims recover the compensation they need.

I’m Ed Smith, a Sacramento Traumatic Brain Injury Lawyer. If your child has suffered a TBI as a result of another person’s careless or negligent actions, I want to fight for you to recover compensation to help you pay for your child’s medical needs.  I’ve been helping California parents whose children suffer TBIs through the negligence of others recover financial compensation for years. Call me at (916) 921-6400  for free, friendly advice. Read more about us on our website,

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