TBI - Traumatic Brain Injury > Economic Losses

If you or a loved one has sustained a traumatic brain injury, you already have first-hand experience of the overwhelming financial burden that these injuries cause.

The following two case scenarios demonstrate damages sustained in a mild traumatic brain injury case and severe traumatic brain injury case.

Case No. 1:

An eighteen-year-old boy is driving home from his local college when a car operated by another person swerves across the center divider and hits him head on. He is evacuated by helicopter to the closest trauma hospital whereupon a craniotomy is performed in order to release the pressure resulting from multiple subdural hematomas. Additionally, as a result of spinal cord injury, the young man is rendered quadriplegic. The catastrophic injuries are apparent to all. The victim's brain damage renders him a functional five-year-old in mental development. He is fed through a gastrostomy, and will require attendant care the rest of his life.

Case No. 2:

A 39 year old working mother of three is stopped for traffic and is unexpectedly rear-ended. The force of impact appears to have been fairly minor. There is approximately $1,800 damage done to her car. She does not lose consciousness. She is diagnosed cervical strain (whiplash), CT scans and other neurologic testing appear negative. After several weeks, the victim's family notices a marked change. She expressed difficulty with attention and concentration and ultimately loses her job. Her life spirals in denial, confusion and discomposure. Finally, a treating health care provider concedes that she sustained a so-called "mild" traumatic brain injury.

In a case involving a severe TBI, the failure to obtain adequate compensation will deprive the victim of the very funds he may need in order to survive. Often times and especially where the victim's injury dictates on-going medical care, the future economic loss may be staggering.

Contrast the catastrophic injury case with a mild TBI case. Often overlooked or misunderstood a case involving so-called mild traumatic brain injury, with corresponding cognitive deficits, will cause a devastating impact on the vocational abilities of the victim, not to mention the impairment to quality of life.

Perplexity and distractibility are among the most common problems associated with brain injury. Any cognitive deficit, including impairment to attention and concentration, will have a devastating impact on an individual's ability to work and perform properly on the job. Necessarily, the quality of life is deeply affected.

Areas of financial responsibility will generally fall into the following categories: (1) past, present and future medical bills; and (2) past, present and future lost wages and earning capacity.

The Lawyers' Role in Presenting Damages

In the litigation arena, it is your lawyer's job to present your damages in order you be compensated for your injuries. In the catastrophic case, the presentation of such damage figures becomes an art unto itself. Jury alienation is always a concern, even where such damage figures are reduced to present value.

In the mild TBI case, the jury must be made to understand that the cognitive deficits affecting this outwardly-appearing "normal" human being will have a devastating impact on that individual's ability to work and perform properly on the job.

In most instances, in addition to the testimony of treating physicians, life care plan specialists, vocational rehabilitation specialists, and forensic economists will be employed. By using these specialists, a jury is given the entire "needs" framework of the traumatic brain injury victim. The care given in the past, and the reason for that care is explained. Future care needs are likewise explained and all care costs are quantified and relegated to present value. Similarly, earning capacity is explained and mitigating income is taken into account. In all, the jury is left with a thorough understanding of the severity of economic needs of a victim with traumatic brain injury.

If you or a loved one is suffering from a Traumatic Brain Injury, please contact the South Florida TBI Attorneys at Wolf & Pravato, P.A. for a free, no-obligation, and confidential consultation. Justice is not automatic and we are prepared to fight for you.