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compensation for a TBI

Compensation for a Traumatic Brain Injury

If you or a loved one has suffered a traumatic brain injury due to another party’s negligence, you can pursue reimbursement for your damages and losses. It’s crucial to understand the potential avenues for obtaining brain injury compensation. You should not consider agreeing to a settlement until you have at least reached maximum medical improvement. That’s why hiring a Colorado traumatic brain injury lawyer at the onset is essential. 

This post aims to provide an overview of compensation for a traumatic brain injury, offering insights into the brain injury compensation claim process and outlining how a brain injury lawyer can help you.

How Much Compensation Do You Get for a Traumatic Brain Injury?

Every traumatic brain injury claim differs. Many factors can impact your potential settlement value, including liability, injury severity, available insurance limits, and the skill of your attorney. So rather than research how much the average compensation for traumatic brain injury is, it’s best to focus on what types of compensation are available for a brain injury. 

Proving Liability in a Brain Injury Claim

Comparative negligence often applies in a Colorado brain injury compensation claim. It refers to the degree to which each party is at fault for the injury. Even if you are partially at fault, you may still be entitled to compensation, though it may be reduced in proportion to your degree of responsibility.

Current and Future Medical Expenses

Undeniably, the most substantial costs arising from a traumatic brain injury are the current and future medical expenses. These could include hospital stays, surgeries, medication, rehabilitation, therapy sessions, and home healthcare services. Many victims do not realize they can include the cost of immediate and long-term care needs when pursuing brain injury compensation. 

That is one reason you want to wait to settle until you have reached maximum medical improvement. If you do not account for future medical expenses in your demand, you cannot ask for additional funds later. Once you’ve signed a release of all claims, the other party is not obligated to pay you more, regardless of how much more your expenses end up costing you. 

Lost Wages and Loss of Earning Capacity

Brain injuries often result in an inability to return to work, either temporarily or permanently. As part of your brain injury compensation claim, you can seek remuneration for lost wages and any loss of future earning capacity.

Pain and Suffering

Compensation for pain and suffering is less tangible but no less significant. It accounts for the physical pain, discomfort, and distress experienced due to the injury, including the potential long-term impacts on your quality of life. Pain and suffering can often represent the most significant portion of your settlement. 

Emotional Trauma

Traumatic brain injuries can also lead to emotional trauma, such as depression, anxiety, and post-traumatic stress disorder (PTSD). Compensation for this emotional trauma can form another crucial part of your claim.

Costs for Home Modifications

Brain injuries may necessitate modifications to the home to accommodate mobility limitations or other needs. You can include costs associated with these necessary modifications in your claim.

Loss of Consortium

If the brain injury has adversely affected your relationship with your spouse or family, you could be eligible for compensation for loss of consortium. This compensation typically addresses issues such as loss of companionship, intimacy, or support.

Loss of Enjoyment of Life

A traumatic brain injury can drastically alter a person’s lifestyle, restricting their ability to participate in activities they once enjoyed. A brain injury compensation claim can include damages for this loss of enjoyment of life.

How a Colorado Brain Injury Lawyer Can Help

A skilled brain injury lawyer can be instrumental in pursuing compensation for a traumatic brain injury. At Sloat, Nicholson & Hoover, P.C., we understand the complexities of the law. We can help determine the full extent of your losses and build a strong case for maximum compensation. Moreover, we can guide you through each step of the legal process, providing support and experience when you need it most.

Your lawyer will negotiate with the at-fault parties to recover the compensation you deserve. Should the insurance company refuse to negotiate or accept liability, we will file a lawsuit on your behalf and take the matter to trial if necessary. 

Contact Sloat, Nicholson & Hoover, P.C. Today 

With more than 100 years of combined legal experience, our legal team has recovered hundreds of millions of dollars on behalf of our clients. We know what it takes to build a solid case for brain injury compensation in Colorado. Please contact us today to schedule a consultation. Let us review your brain injury case and help you determine the best course of action. 

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