Economic Losses in TBI Cases: Brain Injury Attorneys

The following two case scenarios demonstrate damages sustained in a so-called "mild" traumatic brain injury case, as well as a “moderate” to “severe” traumatic brain injury case.

Case No. 1:

A seventeen-year-old young lady is driving home from her evening class at a local college when a car operated by another individual swerves across the center divider and hits her straight on. She is evacuated by helicopter to the closest trauma hospital whereupon a craniotomy is performed in order to release the pressure resulting from multiple subdural hematomas. Additionally, as a result of spinal cord injury, the young lady is rendered quadriplegic. The catastrophic injuries are apparent to all. The victim's brain damage renders her a functional five-year-old in mental development. She is fed through a gastrostomy, and will require attendant care the rest of her life.

Case No. 2:

A forty-two-year-old working mother of three is stopped before a crosswalk allowing an elderly pedestrian to cross the street with her walker when her car is suddenly and unexpectedly rear-ended. She keeps her foot on the brake in order her vehicle is not pushed into the crosswalk thereby striking the pedestrian. The force of impact appears to have been fairly minor. There is approximately $1,200 damage done to her car. She does not lose consciousness. Other than a diagnosed cervical "strain", CT scans and other neurologic testing are without adverse finding. Within several months, however, thevictim's family notices a marked change. She expressed difficulty with attention and concentration and ultimately loses her job. Her life spirals in denial, confusion and discomposure. Finally, a treating health care provider concedes that she sustained a so-called "mild" traumatic brain injury.

The above two case scenarios are a mixture of facts involved in actual cases brought within the court system in the State of California. The effects of brain injury were profound on both victims, although due to the extent of those injuries, their damages were somewhat different.

In a case involving catastrophic injury, the failure to obtain adequate compensation will deprive the victim of the very funds he/she may need in order to survive. Often times, and especially where the victim's injury dictates on-going medical care, the future economic loss may be staggering.

Contrast the catastrophic injury case with a "mild" TBI case. Often overlooked or misunderstood, a case involving so-called "mild" traumatic brain injury, with corresponding cognitive deficits, will cause a devastating impact on the vocational abilities of the victim, not to mention the impairment to quality of life.

Perplexity and distractibility are among the most common problems associated with brain injury. Any cognitive deficit, including impairment to attention and concentration, will have a devastating impact on an individual's ability to work and perform properly on the job. Necessarily, the quality of life is deeply affected.

Areas of financial responsibility will generally fall into the following categories: (1) past, present and future medical bills; and (2) past, present and future lost wages and earning capacity. Obviously, the victim has also sustained compensable damages relating to pain and suffering and emotional distress, although those damages are not discussed herein.

In most instances, in addition to the testimony of treating physicians, life care plan specialists, vocational rehabilitation specialists, and forensic economists will be employed. By using these specialists, a jury is given the entire "needs" framework of the traumatic brain injury victim. The care given in the past, and the reason for that care is explained. Future care needs are likewise explained and all care costs are quantified and relegated to present value. Similarly, earning capacity is explained and mitigating income is taken into account. In all, the jury is left with a thorough understanding of the severity of economic needs of a victim with traumatic brain injury.