What types of damages can be recovered in a brain injury lawsuit?
In Washington, someone who has suffered a brain injury due to another person’s negligence may be able to recover damages in a lawsuit. Common damages sought in brain injury cases include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. Medical expenses may include costs for hospitalization, care and treatment, rehabilitation, and medication. Lost wages may include income from the time of the injury up to the time of trial, as well as lost earning potential if the person can no longer work or must take a lower paying job. Pain and suffering is a non-economic damages award based on the physical and emotional pain the person has endured due to the injury. Loss of enjoyment of life is a non-economic award that compensates someone for the inability to do activities they used to enjoy. In addition to the standard damages listed above, other damages may also be available in brain injury cases. These include additional medical costs and physical or occupational therapy expenses, emotional distress, and loss of consortium. The amount of damages that can be awarded depends on the specific circumstances of the case and the state laws that apply. Damages awards in brain injury cases can help pay for costly medical expenses and cover the financial losses due to lost wages. When determining the amount of damages to award, courts will consider the quality of life of the injured person before and after the injury, the severity of the injury, and any economic losses that have occurred.
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