In a brain injury case, valuing the potential compensation a patient can expect following filing suit will greatly vary based on a number of highly complex factors. In general, civil claims involving medical negligence seek damages for several notable categories, including economic (referred to as special damages), non-economic (referred to as general damages), lost income, and if applicable, punitive damages. The ability to recover any of these damages, as well as the extent of recovery, will depend on the individual factors surrounding each case.
Special Damages Applicable to Brain Injury Cases
Special damages, otherwise known as economic damages, are assessed based on the pecuniary losses or costs incurred by a patient as the result of medical negligence. In cases involving brain injuries, the resulting medical costs of recovery, rehabilitation, and other pecuniary losses can involve a lifetime of damages. Typically, ascertaining the past and current special damages is relatively easy and simply requires calculating costs of care. However, proving proximate cause and estimating cost of future medical intervention may require medical expert testimony.
Lost Income Damages Applicable to Brain Injury Cases
Generally, depending on the estimated length of time a medical professional expects a given patient to recover, if ever expecting a patient to recover to previous point of functioning, lost income damage recovery is possible. Typically, recent income figures are applied in these cases.
General Damages Applicable to Brain Injury Cases
The most difficult and relatively flexible area of damage recovery in brain injury cases involves general damages, otherwise known as non-economic damages. These can include pain, suffering, disfigurement, disability, diminished quality of life, and others that are attached to no definitive pecuniary value, but are undoubtedly damages and losses suffered by the patient. The relative extent of the brain damage, as well as the expected length of time for the brain injuries, will determine the value of general damages as the result of medical negligence. It is also notable that many states impose medical negligence damage caps concerning non-economic damages, which may ultimately influence the value of the potentially recoverable damages in these cases.
Punitive Damages Applicable to Brain Injury Cases
In rare cases, a patient may also be able to recover punitive damages, often in light of exceedingly gross negligence or reckless behavior. State laws widely vary on the burden of proof required in punitive damage claims, and in addition, certain states impose caps on punitive damage claims.
Getting Legal Help with Brain Injury Claims Cases
In short, the relative complexity of medical negligence law and the applicable state specific statutes, when combined with the extremely complex and esoteric knowledge required for brain surgery, makes pursuing legal claims against medical professionals for brain injuries nearly impossible without the representation of a medical malpractice lawyer.
