When an accident or malicious act results in traumatic brain injury, a number of ramifications are possible. Your brain functions to coordinate virtually all activities within your body. It is a complex organ that researchers are still working to fully understand.
Even a seemingly minor brain injury can cause major problems. The full extent of those problems is not always readily apparent in the immediate aftermath of an accident. That’s why it is so important to partner with a skilled brain injury lawyer to ensure you and your family receive just compensation for your injuries.
Many people ask whether pain and suffering come into play in a brain injury case. As with all other types of injuries, brain injuries can certainly result in pain and suffering. Creating a clear and compelling overview of that suffering can be challenging, however.
What are pain and suffering?
When an injury occurs, some types of damage are clearer cut than others. Medical bills are a great example of expenses directly related to an accident or malicious act. Things like emergency transportation, emergency room treatment, specialized care, physical therapy, occupational therapy, and similar health services are all easy to document and account for.
Property damage is another aspect of personal injury that is usually easy to place a value on. When a car is damaged during an auto accident, mechanics can estimate the cost of repair, or insurance adjusters can determine the replacement costs when repairs aren’t possible.
Pain and suffering are different in that it is a less tangible thing to assess. While virtually no one would argue that there is not a pain and suffering component to an accident, placing a value on pain and suffering is not always easy.
Physical pain and suffering
Traumatic brain injury often leads to physical pain. That pain can last a short period of time and resolve with treatment or could linger for years, or even for the rest of your life.
Head pain, neck pain, paralysis, and nerve pain are just some examples of physical pain that can follow a brain injury.
Emotional pain and suffering
Brain injuries can also have a negative effect on your emotional health. This is especially true in cases where your body can no longer function the same way it did before the accident. Coping with the loss of function can be incredibly stressful and can cause significant suffering and emotional pain.
Examples of emotional pain include stress, grief, frustration, worry, anger, insomnia, fear, or psychological trauma. All of these issues can significantly decrease your quality of life and are just as important as physical pain.