No matter how it occurs, a brain injury is not only a tragedy but also comes with severe and sudden implications. Emergency medical treatment, physical therapy, rehab, assistive care, and many more costs pile on to the victim. However, if this occurs to you or one of your loved ones due to a third party’s negligence, you deserve financial compensation. To make that happen, get the best brain injury attorney to represent you.
Davana Law Firm has some of the most well-practiced personal injury attorneys in Los Angeles and Sherman Oaks, CA. Our team of legal experts can help you and your loved ones get the damages necessary to navigate your difficult times. Moreover, we will not charge you a dime until we win your case. Our attorneys have won over five hundred cases over the past several years, earning our clients hundreds of thousands of dollars.
Below, we discuss the types of damages received from brain injury cases:
Financial Damages
Financial damages are the most tangible and quantifiable type in personal injury cases, including brain injury ones. Specifically, these damages are awarded to a victim who accrues various financial losses due to their injury. These losses may include:
- Current & Future Unearned Wages
- Property Damage
- Current & Recurrent Medical Costs
- In-Home Assistive Care
- Home Modifications & Physical Therapy
However, brain injury cases differ from others in that they are the likeliest to involve emergency and recurring medical costs. If these burdens arise due to a third party’s negligence, financial compensation isn’t simply deserved but vital for the victim to cover the expenses of daily life.
Personal/Incidental Damages
These damages stem from the more subjective effects of a brain injury case, ones that are less identifiable but no less experienced by the victim. These include: pain and suffering—at the point of and since the victim received their brain injury; debilitated quality of life, temporary or permanent; and permanent physical impairments.
Furthermore, even spouses and domestic partners can seek personal damages of their own. This is what’s known as “loss of consortium”, which involves the losses they’ve received as a result of their loved one’s injury. This can include:
- The loss of intimacy
- The loss of companionship, emotional/moral support, & affection
- The loss of they & their partner’s ability to conceive a child
- The loss of income & household support the partner would provide.
These types of damages are difficult to calculate and are usually left to the discretion of a jury to determine. Having a seasoned brain injury attorney will ensure you and your loved one provide the proof and testimony that shows clearly how the injury has affected every aspect of your life.
Thus, not only will you be able to receive the damages you need to cover your financial burdens, but also what you deserve for the traumas and hardships your family experiences.
Punitive Damages
Finally, victims and their loved ones can receive punitive damages against the negligent party who were proven to cause their brain injury.
In California, juries can award these types of damages as additional compensation for the victim as well as punishment to the guilty party, which discourages similar behavior in others. These usually occur to particularly negligible individuals in incidents such as drunk driving accidents.
To receive such damages, the victim, or rather their attorney, must prove with strong and clear evidence that the incident that resulted in the victim’s injury occurred due to one of these factors:
- Malice – or intentional misconduct by the hands of the defendant
- Oppression – or the active and aware lack of regard for the victim’s rights
- Fraud – or the willful attempt to conceal, misrepresent, or deceive the victim or another for the event of their injury to occur.
Davana Law Firm: Distinguished Brain Injury Attorney in Sherman Oaks, CA
Davana Law Firm will help you or your loved one get the highest amount of damages possible. Our team doesn’t just provide you with an experienced brain injury attorney, but a team of experts in cases such as premises liability, wrongful death, automobile accidents, and more. We work tirelessly to build a strong case and ensure you win the financial reimbursement you need. Contact us today at (818) 501-1055 to learn more and schedule an appointment with one of our expert attorneys.
