What Compensation Can You Claim After a Brain Injury?

doctors reviewing brain CT scan

A traumatic brain injury (TBI) can change a victim’s life in an instant. Survivors usually face expensive medical bills and long-term rehabilitation needs, both of which take a significant toll on their physical and emotional well-being. Subtle changes in someone’s personality or life can become a huge deal. In some more serious cases, TBIs can even lead to permanent disabilities.

If you’ve sustained a TBI in Oklahoma, the law allows you to pursue compensation from the party who hurt you through a traumatic brain injury claim. However, many factors affect the compensation that brain injury victims can receive. An experienced personal injury lawyer from Cain Law can review the circumstances surrounding your legal claim and demand maximum compensation for the injuries you’ve sustained. Call us today to get started with a free case review.

How Can a Local Oklahoma Brain Injury Lawyer Help Me?

A brain injury claim demands meticulous preparation that’s difficult to do on your own. An experienced personal injury attorney can help improve your odds of securing a fair settlement for TBI injuries.

Where large nationwide law firms may treat you like just another case number, Cain Law is a local Oklahoma law firm. We have extensive experience with Oklahoma personal injury law. You should always verify that you are working with a local law firm.

Over the past few decades, our team has built meaningful relationships with expert witnesses and community resources. We pride ourselves on giving our clients the personalized attention they deserve during difficult times.

Past brain injury cases don’t determine outcomes for future personal injury claims. However, when it comes to TBI injury verdicts, we’ve previously secured a $1.7 million verdict for a mild traumatic brain injury for a client after a commercial vehicle accident.

Past clients of ours have consistently shared their gratitude and satisfaction:

  • “It’s hard to find people who are good communicators nowadays, and Rilee has it figured out. The team at Cain is very knowledgeable in many fields of law.” – David H.
  • “Four years. That’s how long Cain Law worked on my case. Rilee and Monty never gave up, and they kept me informed every step of the way…Cain Law was/is the silver lining in all of the ups and downs of life after an MVA.” – Cassandra W.

Economic Damages You Can Recover After a Traumatic Brain Injury

Economic damages cover losses that have a fixed dollar value. A knowledgeable personal injury attorney will use evidence such as bills, receipts, and pay stubs to calculate how much compensation to pursue for your economic losses. As part of your traumatic brain injury claim, you may be able to recover compensation for the following economic losses:

Medical Expenses

Many TBI victims require extensive medical treatment. According to Section 4.1 of the Oklahoma Uniform Jury Instructions (OUJI), plaintiffs can pursue a reasonable amount that covers necessary medical care, treatment, and services. This can include the following:

  • Surgeries and hospitalizations
  • Lab work, imaging, and diagnostic tests
  • Follow-up appointments with your doctor
  • Rehabilitation and therapy
  • Assistive devices
  • Ongoing medical care

Your legal team considers your current and future medical needs to calculate your case’s potential value.

Lost Income and Earning Capacity

OUJI 4.1 also covers a plaintiff’s loss of income and time at work. In addition to current lost wages, jurors consider how your injury will likely impact your earning capacity in the long term. If you were forced to take fewer hours in your current job, switch to a lower-paying job, or change careers entirely, you could pursue damages for the potential reduction in your lifetime earnings.

Non-Economic Damages You Can Recover After a Traumatic Brain Injury

Non-economic damages compensate you for losses with no fixed dollar value but which still affect you and your lifestyle. You can pursue these types of non-economic damages after a TBI:

Pain and Suffering

Jurors in an Oklahoma TBI lawsuit must consider the physical pain an injured plaintiff endures. For example, one clinical study found that 23% of surveyed TBI survivors reported headaches one year after the injury. With more severe brain injuries, a person may experience headaches daily or several times per week.

Emotional Distress

In Oklahoma, pain and suffering are both physical and mental. TBIs often leave survivors with cognitive difficulties, emotional distress, depression, anxiety, or PTSD. If you’re experiencing any of these, jurors can factor the details into their verdict.

Lost Enjoyment of Life

You can pursue compensation for the quality of life you’ve lost after a TBI. This includes lost interest or ability to participate in your hobbies. The injury can also affect your close relationships, so Oklahoma allows spouses and parents of injured minors to pursue compensation for loss of consortium (mutual companionship, support, and affection).

How the Value of Your Damages Is Assessed

Every brain injury lawsuit is different. Some of the most significant factors that can affect your award include the nature and severity of the injury, the medical treatment you received, and the long-term impact the injury has on your life.

Your traumatic brain injury lawyer at Cain Law estimates your case’s potential value as part of our in-house investigation. Our team gathers medical records, consults with expert neurologists and neuropsychologists on your future medical needs, and works with financial experts to calculate your lost earnings. Industry leaders in your career field can also testify to how a TBI will affect your professional life. Your attorney can determine the value of the non-economic losses you suffered, as well.

Remember that an estimate does not equal a guarantee. Your case’s value could change as investigations, insurance claims, head injury settlement negotiations, or lawsuits proceed.

Contact Cain Law Today for a Free Consultation

The Oklahoma brain injury compensation lawyers of Cain Law are ready to answer your questions and assess the value of your traumatic brain injury case. Our attorneys have over 100 years of combined legal experience, and we’ve won over $100 million for clients throughout the state. We’ll help you get the medical care you need, deploy our rapid response team to investigate the accident, and use our resources to build the strongest possible case for your rights.

In pain? Call Cain Law today for a free, no-obligation consultation.