This is the second post in our series on the handling of head injury cases in Austin, Texas. Our last article provided an overview of subjects we will be discussing and stressed the need to seek immediate head treatment after suffering a blow to the head. Seeking immediate treatment helps to ensure that your injuries do not worsen and also helps to improve your chance of recovering damages. In this article, we will address another important topic – calculating your monetary damages after such an injury. Contact our Austin head injury attorneys today if you have been harmed through the negligence of another.
Anyone injured through the negligence of another is entitled to compensation. This compensation will include money for pain and suffering, lost wages, medical bills, and money for future losses (such as lost wages, future medical expenses, etc.), and possibly punitive damages. This article will focus on awards for pain and suffering and the amounts necessary to cover economic losses.
An award for physical pain and mental anguish, commonly known as “pain and suffering”, is meant to compensate an accident victim for physical discomfort, mental anguish, and time lost due to an injury. The award will consider pain inflicted during the accident itself as well as any pain or discomfort the victim will be enduring in the future. Also included in this amount should be compensation for the loss of enjoyment of one's life; a brain injury or head trauma can reduce one's ability to physically enjoy the world and to spend quality time with their family. It is only fair that a victim be compensated for such a loss.
A head injury victim will also be awarded money for their economic losses. These include compensation for missed time at work, medical bills incurred, future lost wages, and future medical expenses. The latter two are an important part of any head trauma case, especially those involving brain injuries. It is common for a victim to have a reduced future earning capacity as a result of the accident. They may also need to incur substantial future expenses for specialists, surgeries, and other procedures. It goes without saying that it is not fair for the victim to have to cover these costs. Such damages can be established through the use of expert witnesses and a Plaintiff is entitled to be paid.
It is important to understand that a case involving head trauma may take some time to resolve. A payment request or settlement demand should not be sent to the defendant's insurance providers until it can be reasonably determined as to what a fair damages total is. The nature of one's injuries may require them to be treated for a substantial period of time before such a total can be determined. The more severe the injury then the longer the period of time it may take to reasonably calculate a damages total.
Contact our office today to speak with an Austin brain injury lawyer. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.