North Dakota, Minnesota & Montana Brain Injury Attorneys
People with brain injuries may have difficulty living independently because of their inability to make good decisions. If the brain injury is severe, the person may be in a persistent vegetative state or a coma and require around-the-clock supervision and care.
Medical Treatments for Traumatic Brain Injuries (TBI)
While in some cases a healthcare team can identify an injury almost immediately with the help of a brain scan, frequently a TBI is overlooked by healthcare teams because of the moderate severity and immediate need to treat other physical injuries. It may be weeks or months after an injury before the patient or their family members notice a change in their personality or cognitive skills, which are classic symptoms of a TBI.
A person with a TBI may require a team of medical providers, including a neurologist, neuropsychologist, speech therapist, occupational therapist, and rehabilitation specialist. Treatment will include a variety of techniques to help retrain and compensate for the skills and functions lost.
What factors determine the amount of compensation for a brain injury?
The amount of compensation for a brain injury can vary depending on several factors. Here are some common factors that may influence the determination of compensation:
Severity of the Injury: The severity of the brain injury is a significant factor in assessing compensation. More severe brain injuries that result in long-term or permanent disabilities tend to receive higher compensation amounts.
Medical Expenses: The cost of medical treatment, including hospitalization, surgeries, medications, therapy, and rehabilitation, is considered when determining compensation. This includes both current and anticipated future medical expenses related to the brain injury.
Lost Wages and Earning Capacity: Compensation may include the loss of income or wages resulting from the brain injury. If the injury affects the individual's ability to work or pursue their career in the future, the potential loss of earning capacity may also be factored in.
Pain and Suffering: The physical and emotional pain and suffering experienced as a result of the brain injury are considered when calculating compensation. This includes the impact on the person's quality of life, mental anguish, and emotional distress caused by the injury.
Disability and Impairment: The extent of the disability or impairment caused by the brain injury is taken into account. This includes limitations in daily activities, loss of independence, and the need for ongoing assistance or care.
Rehabilitation and Therapy: The need for ongoing rehabilitation, therapy, or specialized care is considered when determining compensation. The cost of these services and their impact on the individual's recovery and quality of life are evaluated.
Contributory Negligence: If there is any shared responsibility or contributory negligence on the part of the injured person, it may affect the compensation amount. In some cases, the compensation may be reduced based on the degree of fault attributed to the injured party.
Jurisdiction and Legal Factors: The laws and legal precedents specific to the jurisdiction where the claim is filed can also influence the compensation amount. Different jurisdictions may have different caps on damages or rules regarding the calculation of compensation.
It's important to note that each case is unique, and the specific circumstances of the brain injury will play a significant role in determining the compensation amount. Consulting with a personal injury attorney who specializes in brain injury cases can provide more accurate guidance based on the specific details of your situation.
How Can an Attorney Help a TBI Client?
If someone has permanent brain damage, their family will likely incur significant costs. There will be ongoing financial concerns relating to the person’s education, health care, and rehabilitation needs. Many victims require care for the rest of their lives.
Once it is determined how and when the injury occurred, an attorney can help identify potential sources of compensation to help cover the tremendous costs associated with this injury. Although there is no amount of compensation that fixes this tragedy, any financial help can assist the family in coping with this problem.
If you or a loved one have suffered from a traumatic brain injury, we are hear to help. Call us at (701) 402-6644 today.
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