Violence represents yet another cause of traumatic brain injury. This includes assaults as well as being shot by a gun or victimized by some other type of weapon capable of causing traumatic injury. Domestic violence and shaken baby syndrome are examples of actions that can cause traumatic brain injury that also are classified as criminal.
A person who perpetrates some type of violent act on another can both be criminally prosecuted and subjected to a civil lawsuit for the conduct that gave rise to a TBI. Bear in mind that what are known as the “legal standards” for conviction of a crime (beyond a reasonable doubt) and for judgment in a civil lawsuit (preponderance of the evidence) are different. The criminal standard is a much more significant burden than what is necessary to demonstrate in order to “win” a civil lawsuit. Thus, it definitely is possible that a person might not end up convicted in criminal court of conduct that resulted in a victim sustaining a TBI but still be deemed liable or responsible for those actions and liable for the resulting injuries.
The Compensation You Deserve After a Traumatic Brain Injury
If you or a loved one suffer a traumatic brain injury as the result of someone else’s negligence, recklessness, or even intentional conduct, justice for your losses can never be fully complete. The best that can be done is to obtain financial recompense in an amount that appropriately compensates you for your injuries, damages, and losses.
Computing financial compensation is a challenging task. The surest way of successfully obtaining the money you deserve following an accident that resulted in a TBI is to retain the services of a skilled, tenacious, experienced brain injury lawyer.
Possible compensation for a traumatic brain injury depends upon the facts and circumstances of the accident or incident giving rise to the brain damage. Compensation is also dependent upon the nature and extent of the brain injury itself. With this understood, common examples of losses for which compensation is sought in a brain injury claim or lawsuit include:
- Medical bills and expenses
- Pain and suffering
- Mental anguish and emotional distress
- Short-term disability
- Long-term disability
- Permanent disability
- Lost wages
In a claim or case involving a brain injury, financial compensation is paid not only for existing or current losses but also those that are reasonably expected to occur into the future. The reality is that injuries, damages, and losses associated with a brain injury can persist for what may prove to be an extended period of time. Examples of these types of ongoing and reasonably foreseeable damages include:
- Medical care and treatment, including rehabilitation
- Lost wages
- Pain and suffering
- Mental anguish and emotional distress
- Disability
In some cases, a brain injury attorney may be able to seek what are known as punitive damages in a TBI lawsuit. Punitive damages are additional financial compensation. Punitive damages successfully can be sought when the actions of the party that cause the accident or incident that caused a brain injury are considered particularly reckless. Punitive damages are designed not only to provide additional money to an injured individual but to serve as a form of punishment for particularly egregious conduct.
The Death of Loved One: Fatal Brain Injuries
As mentioned previously, thousands of people die each year as the result of a brain injury, 50,000 such cases attributed to trauma of some sort. If you’ve lost a family member as the result of a brain injury, there are some important facts you need to bear in mind.
Close family members, like spouses or children (as well as some other relatives depending on
the facts and circumstances of a person’s death) have the legal right to pursue what is known as a brain injury wrongful death case. An experienced brain injury lawyer can explain to you the legalities of pursuing a wrongful death claim and lawsuit.
Depending on the specific facts surrounding a family member’s death, compensation may be available for a number of losses that include:
- Medical bills
- Funeral and burial expenses
- Lost companionship
- Lost income or lost support
- Mental anguish and emotional distress
- Pain and suffering (endured by the deceased family member)
As is the case with a brain injury personal injury lawsuit, in some instances a claim may be made for punitive damages. Punitive damages may be available in a wrongful death case if the conduct of the party that caused the brain injury is deemed to be particularly egregious or reckless.
Our Legal Team on Your Side
As mentioned previously, if you or a loved one have sustained a traumatic brain injury as the result of the negligence, recklessness, or intentional conduct of some other party, the legal team at Eldessouky Law is on your side. You can reach our firm any time that is convenient for you by calling 714-409-8991. There is no charge and no obligation for a case evaluation with Eldessouky Law personal injury attorney.
