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

In a brain injury case in Texas, plaintiffs can pursue damages for their suffering in many forms. These damages are usually determined on a case-by-case basis, but there are several types of awards that are commonly seen. First, there are economic damages, which are awarded to compensate for expenses associated with medical treatment, lost wages, and even physical therapy or long-term care that may be needed. There may also be non-economic damages, which are intended to cover physical and mental suffering, pain, emotional distress, and any loss of quality of life caused by the injury. Then there are punitive damages, which are used to punish a wrongdoer for particularly egregious conduct. Punitive damages are not typically awarded in brain injury cases, but they can sometimes be pursued if the victim’s injury was the result of negligence or intentional misconduct. Finally, there are wrongful death damages, which are meant to provide compensation to family members for the loss of their loved one. If the brain injury was fatal, the family may pursue damages to cover funeral expenses, loss of financial support, and loss of companionship. In any brain injury case, the most important factor is to prove that the injury was caused by the negligence or intentional misconduct of another. If liability can be established, then these damages may be available to help compensate the victim and their family.

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