A traumatic brain injury (TBI) happens when there is a collision between the head and a hard object, slamming the brain against the skull. TBI can also result if something penetrates the skull and enters the brain. Even mild brain injuries can leave the person with lingering symptoms like headaches and blurred vision. More severe TBI can lead to personality changes, limited mobility, cognitive impairment, and other permanent damage.
When a TBI was a result of someone’s negligence, the injured person could present a legal case for compensatory damages against the negligent person with the help of a Sandusky traumatic brain injury lawyer. Bringing an experienced catastrophic injury attorney onto your team soon after an accident could help you and your family start to make reasonable plans for the future.
Compensatory Damages Offset Losses
Compensatory damages are cash payments meant to compensate for the losses the injured person experienced. There are two main categories of compensatory damages including, economic and non-economic.
Economic Damages
Economic damages are expenses that have a fixed or predictable price. Ohio does not limit the amount of economic damages an injured person can recover. If the expense was incurred or will be incurred, then it can be recouped from a negligent party. Examples of expenses that could be recovered through economic damages include:
- Past, present, and future medical bills
- Lost wages
- Lost future wages
- Rehabilitation costs
- Other costs associated with caring for the injured person
Non-Economic Damages
Non-economic damages are intangible losses that do not have a set dollar value. Pain and suffering, embarrassment and humiliation, loss of enjoyment of life, and emotional distress are all non-economic damages that can be compensated. Ohio Revised Code §2315.18 (B)(2) limits the non-economic damages a plaintiff can receive to three times the economic losses, or $250,000, whichever is greater. However, the limit does not apply if the plaintiff suffered a permanent injury that leaves the injured person unable to work or care for themselves.
A TBI attorney in the area might help a family calculate the past and future costs associated with treating and caring for a loved one with TBI. The lawyer could also make a persuasive case detailing all the intangible ways the condition has impacted the person and their family. This could help ensure that the economic and non-economic damages adequately compensate the plaintiff for their losses.
Damages Diminished if Plaintiff Was Negligent
Ohio negligence law is based on a concept called comparative negligence. A plaintiff who is more than 50 percent responsible for the accident that caused their traumatic brain injury will not be able to collect damages from any other negligent party. A negligent plaintiff who was less than 50 percent responsible for an accident could collect damages from liable parties who hold most of the responsibility.
At trial, a judge will allocate blame between the plaintiff and the defendant, and reduce any damage award by an amount that reflects the plaintiff’s degree of fault. A local brain damage lawyer could argue to a judge that most of the blame for the accident lies with the defendant.
Contact a Sandusky Traumatic Brain Injury Attorney as Soon as Possible
Adjusting to life after a TBI is a challenge, especially when the damage causes permanent changes to the injured person’s functioning. It can take months for someone to learn how to navigate the new challenges and some may not be able to return to the same job they held.
A compassionate Sandusky traumatic brain injury lawyer could fight to hold the liable parties fully accountable through a settlement or damage award. Contact a lawyer from Tittle & Perlmuter today to schedule a consultation.