No two brain injury have the same result. Consequently, no two compensations
for brain injury are also the same, making claims for brain injury compensation
claims challenging. To make things more complicated, there are a number of
brain injury signs and symptoms that show up only after a few months.
Types of Damages
Although you may not be at fault, there are only certain damages that
you can claim for if you get a brain injury. These damages can be grouped into
two, namely general damages and special damages. A brain injury lawyer would
also most likely refer to the two as non-economic and economic damages,
respectively. Normally,general damages are those that have no exact monetary
equivalent. Special damages, on the other hand, are those that can actually be
substituted with money. This would include medical expenses, loss of income,
funeral and burial expenses, and loss of the ability to earn.
Calculating the Damages
When calculating how much you would be able to receive, you need to
consider first the special damages. This should not be a problem especially if
you have all your receipts and medical bills with you. Once you have figured
that part out, you can start calculating for the general damages. You need to
list down all the effects the injury had in your life. Depending on how severe
your injury is, you can be looking at anywhere from 1.5 to 5 times what you
would get for special damages.
Keep in mind that the figures you would can still change depending on a
number of other factors including your shared liability, multiple respondents
to the case, and mitigating damages.
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