What types of damages can be recovered in a brain injury lawsuit?

In New York, a person who suffers a brain injury may be able to recover damages in a lawsuit. Generally, there are two types of damages that can be recovered in a brain injury lawsuit: compensatory damages and punitive damages. Compensatory damages are intended to compensate an injured person for their losses. This can include medical costs, lost wages, and pain and suffering. Compensatory damages are meant to make the injured person “whole” again, which means to restore them to the same financial and emotional status they were in before the injury. Punitive damages are also available in certain brain injury lawsuits. These are awarded as a punishment to the liable party and are designed to deter them from engaging in similar behavior in the future. Punitive damages are usually only available when the liable party acted with a high degree of fault or malice. In New York, a person who suffers a brain injury may also be able to recover damages for the cost of future medical treatment, lost future wages, loss of consortium, loss of enjoyment of life, and emotional distress. It is important to remember that every brain injury is unique, so the damages available may vary depending on the individual’s circumstances. An experienced attorney can provide guidance on what damages may be available in a particular brain injury case.

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