How Much Will I Get for Pain and Suffering After a TBI?

Unfortunately, traumatic brain injuries (TBIs) are quite common injuries, with motor vehicle accidents being one of the most common causes of TBIs. TBIs lead to not only a variety of physical complications but also emotional and psychological effects, encapsulated in the legal term “pain and suffering.”

Unfortunately, many people do not understand what qualifies as pain and suffering and how much money they can – and should – get for pain and suffering after a TBI. This is a complicated issue that often arises in injury claims following accidental brain injuries when another party was to blame.

If you believe someone else caused your TBI, discuss a possible claim with a brain injury lawyer, and they can assess how much compensation you might deserve for pain and suffering, among other losses.

What Is a Traumatic Brain Injury (TBI)?

Traumatic brain injury (TBI) is a form of acquired brain injury that occurs when – as the name implies – a sudden trauma causes damage to the brain. This type of injury can happen due to an impact on the head, disrupting normal brain function. The severity of a TBI can range widely, from mild cases that may involve a temporary disruption in consciousness to severe cases involving prolonged periods of unconsciousness or memory loss.

Statistically speaking, each day in the U.S., more than 600 people are hospitalized, and around 76 people die from TBIs. There are many common causes, with the leading causes being:

• Falls
• Motor vehicle accidents
• Assaults

Other risk factors for TBIs include military members, domestic violence survivors, people in rural areas, and more. However, brain injuries can happen to anyone, anywhere, at any time. While you might never predict a TBI, there are steps you can take afterward to protect yourself and future. Seek medical treatment and then always consult a brain injury attorney.

How Does TBI Affect the Victim’s Life?

Traumatic brain injury can have profound effects on an individual, reaching far beyond physical damage. TBIs can transform lives, impacting almost every aspect of living. Below are some of the ways a traumatic brain injury can affect the survivor’s life for years to come:

• Headaches. Headaches are often one of the most immediate and persistent symptoms following a TBI. They can vary from mild to debilitating and may last several months or even years after the injury. These headaches can disrupt daily activities and decrease the overall quality of life, necessitating medical attention and pain management strategies.
• Sleep patterns. Many TBI survivors report changes in their sleep patterns. It can include difficulties falling or staying asleep, sleeping more than usual, or enduring erratic sleep cycles. Altered sleep patterns can exacerbate symptoms like lack of concentration and irritability, complicating recovery and rehabilitation.
• Emotional changes. It is not unusual for a person who has sustained a TBI to experience rapid emotional changes. Victims may find themselves feeling more irritable or prone to mood swings. Some may suffer from depression and anxiety or feel more emotional in general. These changes can be distressing for the individual and their loved ones, stressing the importance of emotional support and, in some cases, professional mental health care.
• Behavioral changes. Traumatic Brain Injuries can also lead to noticeable behavioral changes. Individuals may act differently than before the injury, displaying increased aggression, impulsiveness, or apathy. These alterations can strain relationships and require survivors and those around them to adjust.
• Social changes. Participating in social activities or maintaining relationships can become challenging. TBI survivors may feel overwhelmed in social settings, have difficulty following conversations, or lose the thread of social cues. It can lead to withdrawal from social circles and increased social isolation, further impacting the survivor’s mental health and quality of life.
• Thinking and concentration. Cognitive functions such as memory retention, problem-solving skills, and the ability to concentrate are commonly affected by TBIs. Cognitive impairments can hinder personal and professional development, creating obstacles in education and employment that were not present before the injury.
• Interruption of essential functions. In severe cases, TBIs can cause interruption or loss of essential body functions. It can result in temporary or permanent disabilities, demanding long-term care, and significant lifestyle adjustments. The need for rehabilitative services such as physical, speech, and occupational therapy may become central aspects of the survivor’s routine.

Surviving a TBI often means facing a series of adaptations and seeking new balances in day-to-day living. The road to recovery or adjustment can be long and requires a network of support, all of which should be reflected in the compensation awarded to the victim.

What Is Pain and Suffering?

Pain and suffering after a TBI is a multifaceted experience. Physically, it may involve chronic headaches, nausea, or dizziness. But that’s just the surface. Underneath lies a vast and often overlooked territory of emotional distress, which may include anxiety, depression, loss of enjoyment in life, and even a sense of grief over the loss of one’s former self.

Legally speaking, these experiences are acknowledged as “non-economic” damages. Unlike medical bills or lost income (economic damages), they don’t have an exact dollar value and can be more challenging to quantify, which is why TBI survivors often do not understand how much they can get for pain and suffering after a TBI.

Victims diagnosed with TBI may endure long-term struggles that are not immediately visible. Sleep disturbances, mood swings, personality changes, cognitive impairments, and sensory losses are common. TBI survivors are often forced to confront barriers that did not exist before their injury, affecting relationships, hobbies, and quality of life in general.

For example, a once avid reader may now struggle with concentration. An outgoing individual might deal with social withdrawal due to frustration or embarrassment over speech difficulties. The cumulative effect of these challenges represents the continued pain and suffering that TBI survivors face.

How Much Can You Get for Pain and Suffering?

The financial settlements in TBI cases can vary greatly and are heavily influenced by multiple legal factors:

• The severity of the traumatic brain injury. The medical classification of TBI severity (mild, moderate, or severe) can significantly dictate the award amount. As a rule of thumb, more severe TBIs often require extensive medical treatment, lead to long-term disability, and demand higher compensations. 
• Degree of negligence or fault. A clear proof of negligence enhances the likelihood of a larger settlement. Cases involving gross negligence or reckless behavior, such as drunk driving incidents, may result in punitive damages, further increasing compensation.
• Extent of pain and suffering. Compensation for a survivor’s TBI is not just about tangible losses. It encompasses invisible yet intense sufferings such as chronic pain, cognitive impairments, and emotional distress. Extended impact on mental health, including anxiety, depression, and PTSD, should be taken into consideration.
• Impact on quality of life. How the injury affects daily activities, enjoyment of life, and the ability to perform work functions is critical to determining a fair amount of pain and suffering after a TBI. Long-term care needs and lifestyle adjustments factor into the calculations. 
• Victim’s background and occupation. The victim’s earning capacity, career prospects, and ability to maintain their living standards before the injury are also evaluated. Pre-existing health conditions can be assessed to understand how the TBI has exacerbated such conditions or recovery.

A brain injury attorney can provide proper guidance on the potential valuation of a specific case. They can consider all the nuances that impact potential compensation.

Multiplier Method

The multiplier method involves taking the actual economic damages (like medical bills and lost income) and multiplying them by a certain number, which usually ranges from 1.5 to 5, depending on the severity of the injury and the impact on the quality of life.

• Example: If someone with TBI incurs $50,000 in medical expenses and lost income, and their lawyer determines that a suitable multiplier is four due to the extent and impact of their injuries, pain and suffering damages can be 4 x $50,000 = $200,000.

Per Diem Method

Per diem, Latin for “per day,” assigns a specific dollar amount for each day the injured person has to live with the pain caused by their injuries. The daily rate often correlates to a person’s actual daily earnings.

• Example: If the per diem rate is set at $200 and it takes 365 days (1 year) for the injured person to recover, then pain and suffering damages can be 365 x $200 = $73,000.

Adjustments

Adjustments are made to account for factors specific to the individual or their injury. It might include age, type of injury, prognosis, and impact on daily living.

• Example: If an individual’s awarded amount for pain and suffering is $100,000, but they are very young, and the injury will have a profound impact on their long-term quality of life, an adjustment might increase the compensation by 50 percent, resulting in a total of $150,000.

Remember that every TBI case is different; these examples are simplified for illustrative purposes. There are many factors to consider, so it is best to consult an experienced lawyer to get an accurate assessment of what pain and suffering compensation can be applicable in your specific TBI case.

How a Brain Injury Lawyer Can Get the Compensation You Need for Your TBI

Navigating the aftermath of a TBI is complex and challenging, but you do not have to do it alone. A skilled lawyer can assist you with securing the compensation you need to support your recovery and adjust to life post-injury. Here’s how a lawyer can help you obtain the fair compensation you deserve:

• Building a solid case. A lawyer will begin by building a compelling case on your behalf. It involves collecting all the necessary evidence to prove the severity of the TBI and its consequences. Medical records, expert testimonies, and witness statements are just a few examples of what’s gathered to reinforce your claim. 
• Accounting for life changes caused by the TBI. Your lawyer will take the time to understand the full extent of the changes in your life due to the TBI. Whether it’s loss of income, inability to perform specific tasks, or the need for ongoing medical care, each detail contributes to the claim’s value. 
• Evaluating long-term effects. Traumatic brain injuries often have long-term or even lifelong impacts. A skilled lawyer will work with medical experts to estimate future challenges you may face, ensuring these are accounted for in your claim for compensation. 
• Putting a dollar value on your losses. Your brain injury attorney will have the knowledge and resources to value your claim accurately. This process involves calculating current expenses and determining potential future costs, including less tangible damages such as reduced quality of life.
• Maximizing compensation. Whether negotiating with insurance companies or presenting your case before a judge, your lawyer is there to increase the payout you will receive. They know how insurers operate and can assist you with negotiations. If the insurer’s settlement offer does not cover your losses, your lawyer will be prepared to file a lawsuit to seek rightful compensation through the judicial system. However, remember that your time to bring a lawsuit is limited by the statute of limitations, which in California is two years from the date of injury.  
• Offering empathetic support. Dealing with a TBI is not just a legal battle. It is also an emotional struggle. Respectful lawyers provide guidance and support throughout the legal process. Having a supportive legal advocate can significantly ease the anxiety and stress often associated with pursuing compensation after a TBI. 

The right personal injury law firm in San Jose can make all the difference in your claim for compensation after a TBI. With a brain injury lawyer on your side, you will know how much you can get for pain and suffering (and other damages) after a TBI and what steps to take to obtain the total compensation you deserve.