What types of damages can be awarded in a brain injury case?

Brain injury cases in New York may award a variety of damages to the victim of a traumatic brain injury (TBI). This may include economic damages such as past and future medical bills, lost wages, or disability compensation. Non-economic damages may also be awarded, such as pain and suffering, mental anguish, and emotional distress. The most severe of TBIs may be compensated with punitive damages, which are designed to punish the wrongdoer and deter similar actions in the future. In addition to these compensatory damages mentioned, victims of TBI may be able to recover costs associated with rehabilitation and long-term care. These costs can be classified as economic and non-economic damages, meaning that victims may be able to seek compensation for past, present, and future medical bills associated with their rehabilitation. Victims may also be able to recover costs associated with in-home care, transportation, and other costs related to long-term care. Furthermore, victims of TBI can seek compensation for lost wages due to their injury, or for a decrease in earning capacity because of the injury. This could be due to an inability to return to work in a timely manner, or because of a decrease in overall job performance. These damages are meant to compensate the victim for their current and future lost wages caused by the injury. Finally, victims of TBI may be able to recover damages for pain and suffering, emotional distress, and mental anguish. These damages provide compensation for the physical and emotional suffering the victim has endured due to the injury, and can often be awarded in addition to other types of damages.

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