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The Marceaux Law Firm

Q
Does the type of brain injury suffered in an accident determine the amount of compensation victims receive?

A

Every brain injury is unique and different from another. While some brain injuries are life-threatening, other head injuries are linked to behavioral problems, trouble concentrating, personality changes, and memory issues. In fact, people with head and brain injuries are often affected differently, even though they may be considered to have the same type of brain injury.

The amount of compensation a brain injury victim will receive will depend on the severity of the injuries and how the brain injury has affected the victim’s quality of life. Because brain injury victims can be affected emotionally, behaviorally, physically, and cognitively, it is important that victims of brain injuries receive all the compensation they are due.

While every brain injury claim will be evaluated on its facts and will be compensated differently, the following types of brain injuries can indicate whether the compensation will fall on the lower or higher end of brain injury claims.

  • Mild brain injury. This type of brain injury is the most minor of the three categories and would receive the least amount of compensation. However, victims with mild brain injuries still have a right to receive compensation for their hospital bills, pain and suffering, and other damages.
  • Moderate brain injury. When a victim suffers a moderate brain injury, it is possible that a victim will sustain brain swelling, vision loss and even some permanent injuries. Depending on the types of injuries that occur will depend on the amount of compensation the victim will receive.
  • Severe brain injury. This type of brain injury is often referred to as a traumatic brain injury (TBI). It is the most serious type of brain injury someone can suffer, as it can result in permanent physical and cognitive issues. Most TBI victims will suffer permanent disabilities and brain loss—requiring lifelong care. For this reason, this type of brain injury will receive the most compensation of the three.

Although all types of head injuries are serious, brain injury victims will receive compensation according to the injuries and disabilities suffered. If you found this article informative, we would be glad for you to share it on Facebook with those in your life who have suffered head trauma or a brain injury.