What types of damages can be awarded in a brain injury case?
In a brain injury case, damages that may be awarded to the individual include both economic and non-economic awards. Economic damages are intended to compensate an individual financially for any lost wages, medical expenses, and other expenses incurred from the brain injury. These damages are meant to restore the individual to the state they were in prior to the brain injury. Non-economic damages in a brain injury case are intended to compensate an individual for the emotional suffering, pain, and suffering they have experienced. These damages are often more difficult to quantify, and the amount awarded can depend on the severity and extent of the injury. Other types of damages that can be awarded in a brain injury case include punitive and nominal damages. Punitive damages are intended to punish the at-fault individual or organization for their negligent behavior. Nominal damages are a small amount of money awarded in recognition of the plaintiff’s right to recover damages, even if the amount of the award is ultimately small. In North Carolina, the court has the legal authority to award noneconomic damages to a plaintiff, but it is often not done due to the complexity of assessing damages for a brain injury. In such a case, the attorneys involved will need to be prepared to provide extensive evidence to support the claim and demonstrate how the individual has been affected by the injury. Ultimately, the court will need to determine the amount of damages based on what is necessary to make the individual whole again and to provide them with the financial support they need for their recovery.
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