Compensation for a Traumatic Brain Injury

At the Law Offices of Anastopoulo & Clore, LLC, we understand that many individuals who have suffered from traumatic brain injuries have lived with their disabilities for many years without compensation. Brain injury lawsuits are on the rise due the increase in awareness of the devastating effects of TBI and the call for compensation for its victims. Due to the complex nature of brain injuries, difficulties with diagnosis and lack of information available on treatment, claims may be difficult to value, however lawyers are obtaining damages and settlements for their clients worth thousands and sometimes millions of dollars as TBI gains recognition and its victims begin to learn of the potential for recovery through TBI lawsuits.

Many problematic issues may arise in the course of a TBI lawsuit, including difficulties with the objective classification of brain injuries and problems with diagnosis. CT scans, MRIs, and neuropsychological evaluations are often used to provide evidence of brain injury but unfortunately, diagnostic testing is inconclusive and may not be reliable in proving brain injury. The testimony of lay witnesses who attest to the victim’s symptoms and associated disabilities is often more telling. Expert medical witnesses are often called on to offer their professional opinion and perspective in determining the extent of injury and the associated consequences. Awards and settlements will vary depending on the severity of the injury, the level of dysfunction, and the quality of the evidence.

Issues considered in a brain injury settlement or awards are:

• Treatment/therapy requirements – what is needed to retrain brain injury victims or required to help them to function until brain function improves to a degree when therapy is no longer needed.
• Lost wages associated with the injury - For how long and to what extent has the injury affected the victim’s ability to work? Has the injury caused the victim to lose their job and associated benefits?
• Pain, suffering, and loss of enjoyment of life - How has the injury impacted the victim’s enjoyment of life? Traumatic brain injury may impact an individual’s ability to recognize and understand language often affects their memory and may cause an inability to recognize familiar faces. Their sensory functions may also be affected, leaving them with difficulties involving their sight, hearing, or sense of smell and taste.

If you would like further information about compensation for brain injuries and similar cases to yours that we have successfully litigated, contact the Law Offices of Anastopoulo & Clore, LLC, (866) 377-3093, or submit our web form.