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What Kinds of Damages Can You Include in a Brain Injury Claim?

September 1, 2021 by Michael Waks

brain image

Even a minor brain injury can have a major impact on your life. Because the brain contributes to all bodily functions, head trauma has the potential to cause extensive—and often irreversible—damage.

If you or someone you love is recovering from a brain injury, suing those who were liable for the accident won’t undo what happened. Taking action could, however, yield enough compensation to relieve much of the stress your family is facing in the aftermath.

With sufficient evidence and a strong legal strategy, you can put together a brain injury claim in pursuit of the following damages:

  • Ambulance fees;
  • Hospital bills;
  • Ongoing rehabilitation expenses;
  • Lost wages;
  • Loss earning capacity;
  • Property repairs;
  • Home and vehicle modifications needed to accommodate any permanent disabilities;
  • Domestic help;
  • Child care;
  • Reasonably necessary replacement services;
  • Emotional distress;
  • Loss of enjoyment in life; and
  • Pain and suffering.

California tort law also recognizes the damages that spouses incur when their husband or wife gets hurt. As such, your spouse may have grounds for their own claim.

If your brain injury has impacted your marital relationship, your husband or wife can seek compensation for loss of consortium. This includes the loss of love, society, affection, and companionship they suffer as a result of your condition.

When Can You Seek Punitive Damages in California?

Most tort claims, including those involving brain injuries, do not warrant punitive awards. Whereas compensatory damages essentially reimburse victims for actual losses, punitive damages aim to penalize defendants who acted with malice, fraud, or oppression. Because this opens the door for frivolous actions, punitive damages are rarely awarded.

If you think the party responsible for your brain injury wasn’t just being negligent, however, but was being downright malicious, consult a seasoned lawyer. You may very well be entitled to a punitive award.

How Long Do You Have to File a Brain Injury Suit in California?

No matter how strong your claim is, there will come a time when you’re no longer entitled to take action. Every state has a strict filing deadline for personal injury suits, and in California, it’s typically two years from the date on which the accident occurred. It’s important to keep in mind, though, that there are a few exceptions that can shorten this deadline considerably.

If you file a formal lawsuit but the applicable deadline has passed, the judge will simply dismiss your case, leaving you with no other recourse. As such, it’s wise to commence the proceedings as soon as possible, so you have time to try all possible avenues of compensation should hurdles arise.

Speak with a Long Beach Brain Injury Lawyer

Your Injuries Are Personal to Me

At the Law Office of Michael D. Waks, we know what it takes to secure sizable settlements and verdicts on behalf of accident victims. When you turn to us for counsel, you can be sure we’ll use all the resources at our disposal to pursue every dollar you deserve. Call (562) 206-1939 or complete our Contact Form to schedule a free consultation with a brain injury attorney in Long Beach.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

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Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

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Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

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