Everyone knows that, with few exceptions, bodily injuries of any kind require some form of medical attention, which is a costly expense. Everyone understands that medical bills for immediate medical treatment are never less than exorbitant. But what about bodily injuries that are serious enough to require long-term medical treatment and attention? Specifically, we are talking about brain injuries, which are some of the most serious regarding personal injuries.
In the state of Florida, damages from traumatic brain injury cases may easily exceed $100,000 at a minimum. Because brain injuries usually require continued or long-term medical care, injured parties need an experienced personal injury lawyer and often expert witnesses to assess and calculate as damages not only the present medical expenses of the injured, but future medical expenses as well. Many different expenses are part of the damages equation and future medical expenses cannot be overlooked or, consequently, a complete recovery by the injured party becomes speculative at best.
Severe or traumatic brain injuries range in seriousness from concussions to fractured skulls. Effects of such injuries can cause permanent disabilities. Thus, any personal injury lawyer must consider the long-term implication of the client’s injuries in arriving at a settlement amount that truly compensates the injured party for all of the expenses related to their injuries. Theoretically, the more severe the injury, the greater the amount of damages.
So it is clear that severe traumatic brain injuries require the consideration of a multitude of present and future variables or factors. One must first establish both the past and present medical costs incurred as a result of the serious brain injury. This may seem simple enough because the attorney for the injured party need only calculate damages from medical bills for past services and from medical bills to be incurred for current services. However, as to future expenses, an expert witness will probably be required to establish the complete amount of future medical expenses necessary for recovery, whether such recovery is partial or complete. Whether the injury results in lost wages and, more importantly, permanent disability are factors to be considered in assessing future expenses and damages.
Even more important is the assessment of whether the injury may become further disabling and cause more damage over time. Due to the nature of traumatic brain injuries, consequential results on the brain may not be instantaneous, and how the extent of the injury is projected to worsen over time is a greatly significant element in the projection of future expenses and therefore what type of settlement is available.
Even some brain injuries that are considered less severe than others like a concussion resulting from a simple slip and fall may be more debilitating than initially anticipated. Symptoms may only begin to manifest during the weeks following the injury. If you have any type of brain injury it is important to document over time any and all changes in condition whether seemingly insignificant or not.
If you or a loved one has suffered any kind of brain injury as the result of an accident or medical malpractice, you need a personal injury attorney who you can trust. Board Certified Personal Injury attorney Bryan Caulfield has decades of experience representing individuals for all types of injuries including brain injuries in all types of personal injury cases. Bryan Caulfield will fight for your rights and get you the compensation you deserve. Schedule a free consultation with Board Certified Personal Injury attorney Bryan Caulfield today.