Proving Pain and Suffering After a TBI
A traumatic brain injury (TBI) can devastate a person’s life, leaving them with long-lasting physical and emotional pain. If you suffered a brain injury through no fault of your own, you might be entitled to compensation for your pain and suffering by filing a TBI claim in California.
The process of seeking money for pain and suffering after a TBI might seem overwhelming, but with the right legal support and guidance, you could secure the full compensation you deserve to rebuild your life. A Pasadena traumatic brain injury attorney from the Law Offices of Pius Joseph can prepare your case and fight aggressively for the results you need. Contact us today for a free consultation.
What is a Traumatic Brain Injury?
A traumatic brain injury typically results from a blow to the head or a penetrating object that pierces the skull, like a bullet. A TBI can also occur due to factors like a lack of oxygen to the brain and certain types of untreated medical conditions.
TBIs range in severity from mild injuries, like concussions, to catastrophic brain injuries that cause lasting damage and permanent disabilities. Various factors can affect the severity of a TBI, including the cause of the brain injury, the location and extent of the damage, and the victim’s age and overall health.
Common types of traumatic brain injuries include:
- Concussions – Trauma that causes a temporary loss of brain function
- Contusions – Bruises that bleed and put pressure on the brain
- Hypoxic-anoxic injuries – Injuries from lack of oxygen or no oxygen to the brain
- Coup-contrecoup injuries – Twin injuries that affect opposite sides of the brain
- Diffuse axonal injuries – Injuries that damage connections between nerve cells
- Penetrating brain injuries – Trauma from outside objects piercing the skull and lodging in the brain
Can a TBI Cause Physical Pain?
Many TBI victims experience a variety of symptoms post-injury, including pain. Chronic headaches that vary in intensity and frequency can occur due to brain swelling, bleeding, or changes in the brain’s chemical balance.
Some TBI patients also experience ongoing pain in different body parts, such as the face, neck, shoulders, back, or limbs. Chronic pain symptoms occur because of damage to the brain, inflammation, or changes in how the brain processes pain.
Many people with traumatic brain injuries suffer from neuropathic pain due to nerve damage. Neuropathic pain manifests in several ways, including burning, tingling, numbness, and shooting pain. In addition to the many types of physical pain that can accompany TBIs, survivors frequently experience debilitating emotional and psychological distress.
What is Pain and Suffering in a TBI Case?
In a TBI case or any other personal injury claim, pain, and suffering refers to the physical and emotional agony someone experiences due to an injury. This includes the bodily pain from the TBI and any emotional distress, mental anguish, or reduction in quality of life stemming from the injury.
Physical pain and suffering usually refer to the immediate pain from the injury and any chronic pain that persists after the injury heals. Emotional pain and suffering include any symptoms of mental or emotional distress that accompany the injury, such as depression, anxiety, or post-traumatic stress disorder (PTSD).
Pain and suffering can also include compensation for the loss of enjoyment of life, which refers to someone’s inability to participate in activities or hobbies they previously enjoyed.
Why is it Hard to Prove Pain and Suffering After a TBI?
Proving pain and suffering in a TBI claim is challenging for multiple reasons. For one, pain and suffering are difficult to quantify because they feel different to each person. Unlike tangible losses, like medical expenses or lost wages, there is no easy way to measure or put a dollar amount on pain and suffering.
The emotional aspect of pain and suffering is usually the hardest to quantify and prove. Emotional pain and suffering are invisible and difficult to explain for those who haven’t had similar experiences. People who file pain and suffering claims after TBIs must provide extensive evidence, including medical records and expert testimony, to support their cases and demand full compensation.
Compensation for Pain and Suffering after a TBI
Unlike some states, California does not limit the amount of money you can get for pain and suffering after a TBI. A judge or jury is usually responsible for determining how much compensation to award for pain and suffering based on each case’s specific facts and circumstances.
Even though there’s no specific cap, the value of pain and suffering compensation can vary widely. Working with a knowledgeable attorney is the best way to get the fair settlement you deserve. An attorney can handle every aspect of your TBI case and negotiate aggressively while you recover.
How a TBI Lawyer Can Help
When you work with a traumatic brain injury lawyer from the Law Offices of Pius Joseph, you can expect us to help you by:
- Evaluating your TBI case and explaining your options
- Conducting an independent investigation into the cause and effects of your brain injury
- Communicating with employers, insurers, and other parties
- Gathering medical records, accident reports, and other case evidence to support your claim
- Interviewing witnesses, medical experts, accountants, and vocational specialists for valuable testimony
- Working relentlessly to maximize your compensation for pain and suffering
- Taking your TBI case to court and representing you at trial (if necessary)
Contact a Pasadena Traumatic Brain Injury Attorney Today
If you’re living with a traumatic brain injury after an accident in Pasadena and believe you are entitled to monetary compensation, get in touch with the Law Offices of Pius Joseph. Our trusted traumatic brain injury lawyer can listen to your story, put value on your case, and push for the money you deserve. Contact us for your free initial consultation today.
