What Damages May Be Available in Florida Traumatic Brain Injury Cases?

What Damages May Be Available in Florida Traumatic Brain Injury Cases?

A traumatic brain injury can impact almost every aspect of the victim’s life. The cognitive and physical symptoms can make even the most routine tasks incredibly challenging, and there’s only so much the victim’s family can do to alleviate the burden. Beyond the emotional hardship, the cost of treating a TBI can be exorbitant, and it might not be possible for the injured person to return to work for several weeks, months, or possibly for the rest of their life.

If you or a loved one was diagnosed with a TBI after an accident that someone else caused, it may be possible to recover compensation for healthcare costs, lost wages, and other damages. Read on to learn about what damages may be available in Florida traumatic brain injury cases:

  1. Past and Future Medical Costs

People with TBI often need a lifetime of medical monitoring, and it is sometimes necessary to hire an in-home caregiver. Surgeries, rehabilitation, and other costs and easily surpass $1 million after just a few years. Fortunately, these traumatic brain injury case damages may be available from the responsible party or their insurance company in Florida.

  1. Past and Future Loss of Income

Any wages you lose while recovering from the injury might be recoverable. When approximating a fair settlement figure, your attorney can also consider the amount of future income and benefits you are reasonably certain to lose due to the injury.

  1. Damaged Property

Was your property damaged in the accident? If so, the cost of repairs or replacement might be available to traumatic brain injury victims in Florida.

  1. Other Economic Damages

The settlement may include any reasonable and necessary costs you incur as a result of the injury. Transportation to and from medical appointments, modifications to your home and vehicles, and childcare are just a few examples of economic damages that might be available in a brain injury case.

  1. Pain and Suffering

People who suffer a TBI often endure a tremendous amount of physical pain and mental suffering. A seasoned brain injury lawyer can help you quantify your pain and suffering and include them in the settlement calculations as non-economic damages.

  1. Loss of Consortium

Has your spouse suffered a loss of affection, sexual relationship, enjoyment of life, childcare services, or household services due to your brain injury? If so, under Florida law, they may be entitled to compensation for loss of consortium.

  1. Emotional Distress

If the defendant’s misconduct has caused severe emotional distress, this might factor into the settlement figure. Like other non-economic damages, emotional distress can be difficult to quantify, but an attorney who is well-versed in the relevant statutes and case law can help.

  1. Loss of Enjoyment in Life

The physical pain and psychological impact of a TBI can greatly diminish a person’s enjoyment in life. If you are no longer able to perform daily activities or enjoy familial and social events, you may be entitled to compensation for loss of enjoyment of life.

Call (727) 821-1500 to Speak with a Brain Injury Attorney in Florida

The attorneys at Emerson Straw can make sure your traumatic brain injury claim accounts for all the damages you may be owed. If the opposing party refuses to pay a fair settlement, we are not afraid to enter litigation and take your case all the way to trial. For a free consultation, send us a message or call (727) 821-1500.