What type of damages do I need to include in a brain injury lawsuit?
In a brain injury lawsuit in Washington, a plaintiff can pursue certain damages. These damages may include past and future medical costs, past and future lost wages, pain and suffering, emotional distress, continued therapy, and rehabilitation. In some cases, punitive damages may also be awarded. For past medical costs, the plaintiff may be able to recover any expenses associated with treating their injury, such as hospital bills, doctor visits, medication, and any rehabilitation programs or therapies that have been necessary. Future medical costs, such as for additional treatments or medications, can also be included in the lawsuit. Past lost wages refer to any income the plaintiff has lost due to their injury, such as losing their job or not being able to work because of their injury. Future lost wages may also be recovered, if the plaintiff will be unable to work in the future due to their injury. Pain and suffering damages refer to any physical or mental pain and suffering the plaintiff has endured as a result of their injury. This also includes any emotional distress and loss of enjoyment of activities or hobbies due to the brain injury. Finally, punitive damages may be awarded in cases of gross negligence. This is meant to punish any party found to have acted recklessly or with malicious intent. In cases of brain injury lawsuits, punitive damages may be difficult to prove and are not always awarded.
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