How Do Brain Injury Lawyers Prove Pain and Suffering?

Can You Sue for Pain and Suffering After a TBI?

Yes, suing for pain and suffering after a traumatic brain injury is possible. Traumatic brain injuries (TBIs) can be life-changing, and can require months or years of physical therapy, total loss of employment, and chronic pain and discomfort. The pain and discomfort that comes with recovering from a TBI is the “pain and suffering” most people describe when they want to sue for pain and suffering. The only problem is, proving that you have chronic pain can be very difficult.

Although pain and suffering is one of the most difficult injuries to prove, collecting non-economic damages can help you recover or adjust to a new lifestyle after such a severe injury. Here is how brain injury lawyers prove pain and suffering after a TBI caused by someone else’s negligence.

In The Article

Proving Pain and Suffering After TBI

When you contact a personal injury lawyer about a traumatic brain injury, one of the first things they will do is start collecting evidence. This evidence I essential to proving pain and suffering after a TBI. You can do your part in evidence collection by making sure you do the following:

Medical Documentation

Medical documentation is one of the best ways to prove pain and suffering after a TBI. While medical records from after your injury are extremely helpful, if you have records to compare them to from before the injury, you have a better chance to prove pain and suffering. These records can include annual physicals that show you in good or better health before the injury than after.

Neuropsychological Tests

Neuropsychological tests can help prove that you were significantly affected by your TBI and that your life significantly changed. Now, most people don’t generally have neuropsychological evaluations before an injury, but if you’ve been tested for ADHD or autism, you may have a baseline to compare a new evaluation to. Don’t worry if you haven’t had a neuropsychological test done before your injury, you can still prove you were affected by your TBI by comparing your lifestyle and educational background before the injury.

Expert Witnesses

Doctors, nurses, and other medical professionals can give expert testimony to show how your injury affected you by reviewing past medical records and current medical records. They can also review medical imaging and testing to give educated analyses of how painful your injuries are.

Journals and Logs

Documentation can help prove pain and suffering after a TBI. Keep in mind that your brain injury may cause memory issues, and keeping journals and logs of your pain and healing process will show your progress or lack of progress.

Personal Witnesses

No one knows you better than your friends and family that you’re around every day. Excessive pain can change your mood and behavior. In some cases, you may not even notice the changes you’re going through, but your friends and family will. That’s why brain injury lawyers will sometimes talk to personal witnesses to help prove pain and suffering after a TBI.

Is it Worth Suing for Pain and Suffering?

For those who have life-altering pain and suffering that is long-lasting, suing for pain and suffering compensation is worth fighting for. Additionally, if you are filing a claim for other losses, adding your pain and suffering on it is “worth it.” A New Mexico brain injury lawyer can evaluate your case and help you weigh your options when you are thinking about suing for pain and suffering after a TBI.

What is the Average Payout for Pain and Suffering After a TBI?

Because some injury cases have confidential results, it’s impossible to give an “average pain and suffering payout”; however, once you’re in your case, you and your lawyer can figure out the best way to calculate your pain and suffering. In some cases, pain and suffering is calculated based on the amount of economic damages that you receive for your injury. Economic damages can include lost wages, medical bills, physical therapy costs, and more. For severe TBIs, you may attempt to up to five times your economic damages for pain and suffering. However, it’s important to remember that each case is different, and there are a lot of factors that are included for pain and suffering.

How Can a New Mexico Brain Injury Lawyer Help You Sue for Pain and Suffering?

The New Mexico brain injury lawyers at Ron Bell know that recovering from a brain injury can be a long and difficult road. We help our clients collect evidence, coordinate medical appointments, and calculate pain and suffering to ensure that they get the compensation they deserve. While suing for pain and suffering can be difficult, a New Mexico brain injury lawyer can help ease the stress of suing for pain and suffering and recovering from losses sustained after a TBI. Contact Ron Bell Injury Lawyers today for your free case evaluation.