A brain injury is a terrible thing to suffer, something that for those least fortunate may negatively impact them for the rest of their lives. As such, such a claim made against a person or persons who is allegedly responsible for said injury is going to be rather costly for the defendant(s) if they are found to have engaged in a behavior that makes them at least mostly responsible for the brain injury. One may not know how many types of compensations they can receive for getting a brain injury as a result of the fault of another, one of those types of compensation being pain and suffering.

Is compensation for pain and suffering possible in a brain injury case?

There is a wide variety of types of damages that a person may file suit for when it comes to sustaining a traumatic brain injury. Now of course, we are going to be operating under the assumption that another party or parties assumes responsibility for the brain injury you or a loved one is suffering from. One of the most common and important costs to be covered is usually going to be medical costs, both short term and long term. Short term medical costs relate specifically to the costs you incurred as a result of exams and surgeries to detect and address the brain injury respectively. In the event that you require medical care and assistance for a long time or even permanently, those responsible for the brain injury will be expected to cover the costs of either. A brain injury often results in a loss of employment, either temporarily or permanently. You can create further emphasis for medical costs in the future by employing an expert witness who deals specifically with life care planning. If either is the case, the responsible party will likely be on the hook to cover the estimate costs in the future. The question that comes into play, ultimately, is whether one can sue for pain and suffering. The fortunate news is that yet, you absolutely can sue for it, although pain and suffering is going to be provable, since it is not something tangible that one can objectively point out. As such, it is of the utmost importance that you have a capable lawyer who specializes in brain injury, especially if they have a good track record of getting solid payouts to cover damages for pain
and suffering.

When you are collecting evidence for your or another’s pain and suffering, you want to make sure that you are not only thorough, but also that you ensure that the choice of evidence is focused on what is relevant for your case. By having a solid amount of evidence available you may be able to show the judge or the jury that the pain and suffering you incurred not only exists, but is also rather significant, significant enough to warrant a large payout in turn. A good personal injury lawyer will be able to make the case for you fairly well, at the very least they are that much more able to do so than you will be. Certain states also allow for you to hire specific experts to attest to the notion that your quality of life has been drastically reduced by the traumatic brain injury. With this kind of testimony presented to the court, especially if it goes unchallenged, this can make a hugely positive income on the outcome of your case. A pain and suffering charge can be escalated even further depending on certain factors. One example is if the defendant acts in such a way that causes increased distress to you and needlessly creating anguish for you and yours, a lawyer (or the defendant themselves) may attempt to gaslight you about the nature of the brain injury, or to even try to manipulate you into believing that the brain injury was partially, mostly, or even fully the fault of the victim of the brain injury. This is not necessarily going to demonstrate malice in the actions of the defendant, but if you can prove that the defendant was knowingly trying to trick you into believing this, it may reflect more poorly on them and make the court more inclined to believe in a pain and suffering charge, or even make it higher than you may initially expect. It is a big part of why lawyers are a benefit in a court of law, as they carry a certain level of decorum, civility, and comprehension that you may not be able to convey. Without that level of conveyance on your side, you are bound to find a lot of the arguments and evidence lost, being read ultimately as just noise. That is the last thing you want to have happen. A quality personal injury lawyer also knows how to employ precedent, particularly in recent years, to advocate for your case.