What type of damages do I need to include in a brain injury lawsuit?

When filing a lawsuit due to a brain injury in Texas, there are certain damages that should be included in the complaint. Economic damages are those that have a direct financial cost to the victim, such as medical expenses, lost wages, and the cost of necessary adaptive equipment. These economic damages can also include the cost of future medical care, as well as the loss of earning capacity, or the amount of money the victim may have potentially earned in the future if the brain injury had not occurred. Non-economic damages refer to losses that don’t have a tangible dollar value, such as pain and suffering, mental or emotional anguish, and loss of consortium. These can be awarded to a victim for the physical, mental, and emotional distress that occurred due to the brain injury. In addition, punitive damages may be sought for a victim of a brain injury if the injury was a result of gross negligence or recklessness. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future. Overall, to maximize the potential award in a brain injury lawsuit, economic, non-economic, and punitive damages should be included in the complaint. An experienced personal injury attorney can help you determine the best damages to include in your claim.

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