How to Value a Head Injury in a Personal Injury Claim

Personal injury claims cover a wide range of injuries. Likewise, head injuries can be minor to very serious brain injuries which cause permanent damage. Depending on the state you reside in, personal injury damages may include compensatory, nominal and punitive damages.

What is a Head Injury?

Head injuries come in several forms and levels of damage. Victims are often awarded a high amount of compensation because the injuries may be difficult or impossible to successfully treat, and they can affect the functioning of many parts of the body. Based on expert testimony, the cause of the head injury will be determined, as well as the extent of the injury and whether the damage to the victim will be permanent.

In order to be successful in your claim, you will have to show that there is actual damage; you have a scar or your life has to have been altered in some way.  Furthermore, you will have to show that the other party caused the injury.

Types of Damage Compensation

The three types of damages that are possible are compensatory, nominal and punitive. These can be somewhat different depending on the state you live in, and punitive damages may not be available at all.

Compensatory Damages

Generally, compensatory damages fall into two categories: general and special damages. The goal here is to put the victim in the position he was in before the accident.  There are three categories of compensatory damages including:

• Out of pocket expenses, such as those for medical costs and lost wages
• Loss of future earning capacity
• Pain and suffering

Medical expenses include the out of pocket costs of ambulance, surgery, hospitalization, rehabilitation and the cost of care.  In addition, it will include the damages reflecting the fair estimate of future care should the head injury cause permanent damage. Additionally, it will include lost wages while recovering from the injury.

Lost earning capacity is different than lost wages and may be calculated even if the person was unemployed at the time of the accident; this is the ability to earn wages in the future based on what he could earn if the injury had not occurred.

Pain and suffering is the most subjective of the categories and can include emotional or physical pain now and in the future.  It can include such things as embarrassment, scarring or mental distress.  Generally, loss of consortium, the loss of ability to enjoy normal marital relations, can be a separate damage claim not included in normal pain and suffering.

Nominal Damages

These are damages allowed in some states where the other party was negligent, but where the plaintiff has not been able to show actual present or future damages.

Punitive Damages

When allowed, these are damages designed to punish the wrongdoer and many states put a cap on this type of damage award.  Punitive damages will be determined based on the wealth of the defendant, the nature of the conduct, and the value gained by punishing the defendant.

Calculation of Damages

Once the injury has occurred, the medical expenses have been calculated, your future has been determined, and fault has been proven, then the calculations of your damages will be based on the laws of your state. It will also be based on the evidence presented. Remember, courts tend to be liberal with awards where head and brain injuries are concerned

Need for Legal Assistance

These cases can be expensive and complicated, requiring the testimony of several experts. You will want to seek the advice and assistance of an experience personal injury as soon as possible following the accident.