In many ways, compensation will be the same. Our clients with brain injuries can receive money to pay for medical care, replace lost wages, and compensate for pain and suffering.
There are often slight differences, however. Because brain injuries often lead to changes in mood, personality, and behavior, injured victims could possibly receive much more in mental anguish or emotional distress than other victims. It is not unusual for many people with brain injuries to suffer severe impairments in speech, memory, and mobility, which can increase pain and suffering damages.
With severe brain injuries, a victim’s spouse could also have a claim for loss of consortium. These claims compensate spouses for negative changes in their marriage. Technically, a victim’s spouse can almost always bring a loss of consortium claim, but juries don’t often award a lot of money unless the victim has suffered catastrophic injuries. A severe brain injury that has left someone paralyzed can often garner big loss of consortium awards.