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Traumatic brain injuries (TBIs) are some of the most life-altering injuries a person can suffer in a personal injury case. Whether caused by a car crash, a fall on unsafe property, or a workplace accident, a TBI can affect your physical health, emotional well-being, and day-to-day life.
The effects of a TBI often extend beyond the initial emergency room visit. Many survivors require ongoing medical care, rehabilitation, and assistive devices. These challenges can make working, enjoying hobbies, or managing everyday responsibilities difficult.
If someone else’s negligence caused your brain injury, you shouldn’t have to carry the financial burden alone. An experienced Des Moines brain injury lawyer can help calculate the full scope of your damages, including the long-term care and future support you may need.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury occurs when a sudden blow or jolt to the head disrupts normal brain function. TBIs can range from mild concussions to severe brain damage that can cause permanent cognitive, physical, or emotional impairments.
According to the Iowa Advisory Council on Brain Injury, around 27,500 TBI events happen every year, including ER visits, hospitalizations, and deaths.
The most common causes of TBIs include:
- Falls, particularly among older adults
- Traffic accidents
- Workplace incidents
- Sports injuries
Symptoms of a traumatic brain injury can appear right away or be delayed for days or even weeks. Common signs include confusion, memory loss, headaches, dizziness, fatigue, and trouble speaking. In many cases, there are no visible wounds, leading victims to overlook the seriousness of their condition at first.
Because TBIs often require long-term care and can permanently affect an individual’s ability to work or live independently, they are among the most challenging injuries to evaluate in a legal claim.
Factors Used to Calculate a Traumatic Brain Injury Claim
When calculating a TBI settlement or verdict, an experienced brain injury attorney will evaluate all available evidence to determine the fair value of your claim. A TBI claim is made up of two types of damages: economic and non-economic.
Economic Damages
Economic damages cover all measurable losses caused by your TBI. Your attorney evaluates your economic damages by collecting evidence of the past, current, and future costs.
They may include:
- Medical Expenses: This includes all past and anticipated hospitalization costs, surgeries, medications, and specialist care. Attorneys can help you gather bills, receipts, prescriptions, records, and quotes from medical professionals to calculate the total medical costs of your injury.
- Lost Wages and Future Earning Capacity: If you missed work due to your injury, your lawyer can help you gather pay stubs, employer letters, and other evidence of your earning capacity to demonstrate the amount you lost. If you were reassigned to a lower-paying position, lawyers can calculate and include the income gap in your claim.
- Home Modifications and Assistive Devices: Costs for home modifications, medical equipment, and long-term care can be included in your compensation.
Non-Economic Damages
The non-economic damages portion of your TBI claim includes more subjective injury costs. Knowledgeable brain injury attorneys can put a number to the following:
- Pain and Suffering: The physical pain, discomfort, and lingering symptoms, like nausea, fatigue, and dizziness, of a traumatic brain injury that make your daily life more difficult.
- Loss of Enjoyment of Life: Compensation may include damages for hobbies, family roles, or everyday activities you can no longer enjoy.
- Scarring and Disfigurement: Some TBIs can leave lasting physical scars or signs of damage to the head or the face, which can be counted as part of your claim.
If your traumatic brain injury is linked to a large truck lawsuit, Iowa law imposes a maximum cap of $5 million for non-economic damages.
Strategies to Maximize Your TBI Settlement
Maximizing your compensation begins with building a strong, evidence-based claim. Your attorney may consult a team of experts, including:
- Medical Specialists: Neurologists, neuropsychologists, surgeons, and rehabilitation physicians can explain and quantify the long-term health impacts of your TBI. Psychiatrists and mental health experts can diagnose emotional and psychological effects, strengthening your pain and suffering claim.
- Life Care Planners: They can produce an itemized list of your future needs based on the severity of your injury.
- Economists and Personal Finance Specialists: They calculate how much income and benefits you may lose over time.
Insurance companies often try to downplay these future costs. They may argue that your injury isn’t as severe, your condition will improve more than expected, or suggest that you’re capable of returning to work sooner than is realistic.
A knowledgeable TBI attorney has the experience to recognize these tactics. They can negotiate aggressively, help you recognize and avoid lowball offers, and protect your right to compensation.
If a fair settlement can’t be reached, your attorney will be prepared to take your case to trial and advocate for your rights before a judge or jury.
Let a Brain Injury Lawyer Help You Obtain the Compensation You Need
Don’t let the insurance companies pressure you into accepting a lowball offer for your TBI injuries. The Des Moines brain injury lawyers at Mueller, Schmidt, Mulholland & Cooling are ready to provide you with the legal counsel, support, and peace of mind you need.
We’ll determine the full value of your case, gather the expert testimony needed to prove it, and deal with insurers.
Contact our offices today for a free case consultation. We can provide you with tailored legal representation and personalized case management.
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