What damages are available to brain injury victims?

Facing a brain injury can be overwhelming, frustrating and life changing. Your injury goes beyond physical symptoms and can change your personality, your motor skills and your ability to work forever. If a brain injury has left you to face long term or permanent damage, you may want to know if you are eligible to receive compensation beyond your medical expenses and lost wages. According to TraumaticBrainInjury, this type of compensation is called pain and suffering. 

Pain and suffering damages are frequently provided to brain injury victims because a brain injury can have a dramatic impact on your quality of life. This compensation may help ease the non financial consequences of your injury. There are a number of types of damages you can collect after a brain injury. These include past, present and future mental or physical pain and suffering, medical bills, destruction of power to labor and earn money, and any future medical expenses. 

Of these, pain and suffering can be one of the most difficult to negotiate. To receive pain and suffering damages, you must be able to demonstrate to a jury the impact that your injury has had on your life. In some circumstances, medical professionals will need to testify on your behalf to help explain your injuries. 

Your attorney should work with medical experts to help testify about the pain and suffering you have endured. Also, you will work with therapists and medical teams to testify about the pain and suffering you may have to live with in the future. Your attorney should then investigate how much your claim is worth, and take your pain and suffering into account. 

When can you file a claim against a nursing home?

When you place your loved one in a nursing home, you trust that they will provide them with a reasonable level of care. If they do not and your loved one is seriously injured or passes away as a result of their negligence, you are left to pick up the pieces. According to FindLaw, filing a claim against a nursing home for their abuse of your loved one is a tormenting experience.  You must endure going through every detail of how your loved one lived in pain or suffered because of someone else’s mistakes. 

As you file a claim against the people that hurt your family member, you will be eligible to receive compensation for the costs of abuse to your loved one. However, for many families, this may not be enough. You may also want to pursue pain and suffering compensation. This is called a survival action. A survival claim is a portion of a personal injury lawsuit that addresses the pain your loved one endured. Not all nursing home abuse claims qualify to receive pain and suffering, but many do. 

To find out if your personal injury claim qualifies to receive survival action or pain and suffering on behalf of your loved one, talk to a nursing home abuse lawyer. Your attorney will sit down with you to discuss your claim in detail. During that time, you may need to understand what types of damages may be available to you and what you can expect to receive when you file a claim against the nursing home that caused your family pain.