reports@rankings.io | August 16, 2024

How Much Will I Get for Pain and Suffering After a TBI?

How much money you will get for pain and suffering after a traumatic brain injury (TBI) depends on several variables. The severity of your injury, details of your pain and suffering, and the effectiveness of the St. Petersburg car accident lawyer as a negotiator will all affect how much compensation you receive.

There is no simple answer to this question. No attorney can estimate the value of your TBI-related pain and suffering without having more information—and should never attempt to do so. An experienced brain injury attorney will, however, dive into the details of your physical and non-physical trauma, calculate the value of your damages, and fight for every dollar you deserve.

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Table of Contents

What Is Pain and Suffering?

One academic paper found that pain and suffering is a complex concept. While pain and suffering are related, your suffering can be subjective and often involves the disruption of your sense of self. Pain can refer to the physical symptoms you face because of your brain injury.

Pain and suffering is a type of non-economic harm, and perhaps the simplest way to explain pain and suffering is to provide examples. Those who experience a traumatic brain injury may endure many types of pain and suffering, including:

• Pain, abnormal sensations, and loss of sensation caused by the brain injury
• Lost quality of life
• Depression
• Anxiety
• Sleep problems
• Loss of cognitive abilities
• Loss of physical abilities
• Behavioral changes related to the TBI
• Mood and personality disorders

It is important to understand the gravity of pain and suffering. Research suggests that pain and suffering can diminish one’s sense of self, disconnect them from their surroundings (including loved ones, friends, and partners), and have a profound negative impact on their quality of life.

How Does a Lawyer Calculate the Monetary Value of Pain and Suffering?

Identifying signs and symptoms of pain and suffering is a straightforward enough task (though not necessarily easy). Calculating the accurate financial value of pain and suffering can be far more difficult. Let a lawyer handle this essential responsibility for you, as this is an unavoidable step if you want to receive fair compensation.

Traumatic brain injury lawyers use two primary methods to calculate the value of pain and suffering, which are:

1. The per-diem method
2. The multiplier method

Your attorney can explain which method they use if you want to know. Attorneys may use the method they believe is most appropriate for your case or is most likely to produce an accurate valuation.

Traumatic Brain Injuries Are Certain to Cause You Pain and Suffering

You should not wonder whether pain and suffering will be a part of your case. If you suffered a traumatic brain injury, there is little doubt that you’ve experienced pain and suffering—and a high likelihood you’ll face more pain and suffering in the future.

A brain injury is likely to cause pain and suffering because:

• These injuries are often quite painful, which satisfies the “pain” portion of “pain and suffering.”
• Brain injuries often directly harm one’s mental and emotional state, which is a key element of pain and suffering.
• Brain injuries can take a long time to heal, and most who are in the healing process are experiencing pain and suffering.
• Common sense (and countless lawyers’ experience) dictates that those with traumatic brain injuries are extremely likely to face pain and suffering.

The more pressing questions are: 1) What specific types of pain and suffering have you endured, and 2) What is the exact financial cost of your pain and suffering? Your attorney will answer these questions for you; then, they will lead a claim or lawsuit in pursuit of the compensation you deserve.

Your Attorney Will Hire a Professional to Diagnose and Document Your Pain and Suffering

There can be no guessing when it comes to pain and suffering. It is important to be comprehensive and precise when evaluating your pain and suffering because:

• You cannot heal from your injury (or related symptoms) if you do not know the specific types of pain and suffering you face.
• Pain and suffering can be life-threatening, as a diminished mental state can lead to suicidal thoughts and physical deterioration.
• Those who owe you compensation for your TBI will likely challenge your lawyer’s settlement demands, and having documentation of your pain and suffering can thwart such attempts to underpay you.

The most certain way to document your pain and suffering is to hire one or more mental health professionals. A therapist, counselor, or other qualified professional can evaluate you at your lawyer’s request. Such professionals conduct in-depth evaluations and provide compassionate treatment, each of which will be reflected in your lawyer’s settlement demands.

More Damages That Can Result from a Traumatic Brain Injury

Pain and suffering will be an important class of damages in your brain injury case. However, it won’t be the only damage for which you deserve compensation.

Your lawyer will also determine the cost of:

Medical Expenses

Those with brain injuries may need months or years worth of medical care that includes:

• Emergency care
• Brain scans
• Surgeries
• Rehabilitation
• Medications
• Specialist appointments

Lawyers understand medical terminology and concepts because injuries are the central focus of so many personal injury and wrongful death cases. You can trust your lawyer to quickly learn about your injuries and obtain relevant documentation from your medical providers.

Any Professional Harm Resulting from the Brain Injury

A brain injury’s physical, cognitive, and emotional symptoms may prevent you from working. The severity of your injury and the demands of your job will determine if any absence from work is temporary or permanent.

Some professional damages you may suffer because of a brain injury include:

• Lost earning power, which occurs when someone can work but must change jobs, alter their role, or limit their hours due to injury symptoms
• Lost income
• Lost progress towards career goals, like promotions and other milestones
• Lost benefits, which may happen when someone loses their job due to injury

Your attorney will speak with you, collect employment records, and take all necessary measures to document and value your professional damages.

Any Property Expenses Related to Your TBI

Brain injuries often happen under circumstances where property damage also occurs. Car accidents and boat accidents are two such examples.

If you need to repair a vehicle, replace damaged personal items, secure temporary transportation, or face any other property-related expenses, your attorney will include those expenses in your case.

Being Disabled

Disabling brain injuries come with their own challenges, as those who are disabled often:

• Face lifelong pain and suffering, whether due directly to injury symptoms or the challenges surrounding a disabled
• Can no longer work, causing massive financial stress due to the lost income
• Require rehabilitation and long-term medical services
• Need medical equipment
• Must update their home and vehicle to accommodate their disability

Your brain injury lawyer will consider these and other challenges as they determine how much money you deserve for your TBI.

A Loved One Passing Away (If a Brain Injury Becomes Fatal)

Some brain injury cases become wrongful death cases. If your loved one passed away or later passes away from the effects of their TBI, an attorney will show you and your loved ones the compassion you deserve. At the same time, your lawyer will demand that liable parties provide a fair financial settlement for your immense loss.

Some damages common to fatal FBI cases include:

• Loss of consortium
• Loss of the decedent’s financial support 
• Loss of services the decedent provided their household members
• Pain and suffering (which obviously includes grief)
• The cost of all treatments required for grief and other types of pain and suffering

Deaths from brain injuries can be particularly excruciating because they’re typically unexpected. This can complicate the grieving process and is a factor your lawyer will consider when composing settlement demands.

How Can My Lawyer Get Money for My Pain and Suffering?

There are a few ways to obtain compensation for pain and suffering and other damages, including:

• Filing an insurance claim with your insurance company (which is often a viable strategy in auto accident cases)
• Filing an insurance claim with an at-fault party’s insurance company
• Suing the person or organization directly responsible for causing your TBI
• Suing a person or organization who is liable for someone else’s negligent behavior (like an employer whose employee caused your injury through a car accident)

A lawyer can settle a case (with their client’s consent) or secure compensation from a judge or jury after a trial. Your attorney will explain all your options and pursue the strategy you mutually agree on.

How Your Brain Injury Lawyer Will Lead Your Case from Start to Finish

Your brain injury lawyer will lead every step of your claim or lawsuit. Their duties will include:

• Creating and updating your case strategy: Your attorney will help you decide how to seek compensation, who to seek the money from, and how to respond to circumstances that arise throughout the case (like settlement offers). You may begin your case by filing an insurance claim, then later file a lawsuit if insurers will not pay you the money you deserve.
• Securing evidence proving fault for your TBI: Your lawyer will detail the event or events that led you to suffer a brain injury. Evidence proving fault may include video footage, expert insights, witness accounts, and photographs of the scene where your brain injury occurred.
• Documenting your recoverable damages: Documentation related to your brain injury can include medical records, medical bills, employment records, invoices, and expert testimony. Any documentation that helps prove your economic or non-economic damages will be useful to your attorney.

• Negotiating a settlement: Your lawyer’s first goal is likely to be negotiating a fair settlement. They will collect all evidence and documentation with settlement negotiations in mind. 
• Handling any lawsuit and trial you pursue: If an insurance company or any other party who owes you compensation does not meet your lawyer’s settlement demands, filing a lawsuit may be the next option. If and when you file a lawsuit, your lawyer will negotiate with liable parties again. If those parties still refuse to pay the money you deserve, your attorney may proceed to trial.

You are the final decision-maker when it comes to your case. This is particularly true when you receive a settlement offer or face the option of filing suit or going to trial. Your attorney’s counsel will enable you to make the right decision, but these are your decisions to make.

Your Injury and Recovery Demand Your Total Attention (A Lawyer Can Handle Your Case)

Hiring a brain injury attorney should be an easy decision. Your health may demand that you avoid the stress of an insurance claim or lawsuit. Your financial future may demand that you hire the most qualified person to fight for the money you deserve, and that may be an attorney.

Brain injury attorneys usually have a limited time to file lawsuits. Filing deadlines, known as statutes of limitations, are typically non-negotiable, and missing the deadline generally means missing your chance to hold liable parties accountable. Find a capable brain injury lawyer today and hire them to represent you.