Will a Brain Injury Settlement Cover Lost Wages?

Traumatic brain injuries are horrific and can have a significant impact on the person that sustained the injury as well as their family members.


Traumatic brain injuries are horrific and can have a significant impact on the person that sustained the injury as well as their family members. Depending on the severity of the injury, a person may have to undergo months of rehabilitation and treatment.

During this time, the injured person and their family members may be forced to come to terms with the fact that the person may never fully return to their normal state of being before the injury occurred. This can place a significant financial burden on families, and if the injured party is the main source of financial support for the family, the costs associated with the therapy and the treatment they need could lead to financial ruin. If a person has sustained a traumatic brain injury, there are options available to them as there are damages they can recover under the law

Recovery For Lost Wages

When someone has sustained a traumatic brain injury, they and their family members want to have some understanding as to the types of compensation they are entitled to within the confines of the law. There are a number of damages the injured person, or their family can pursue.

It is important to note that there are two distinct categories of damages. General damages include things like shock and mental anguish, physical pain and suffering, emotional distress, and a loss of consortium. The other category of damages is categorized as special damages. These types of damages include property damage and a loss of earning capacity. Lost wages also falls into the special damages category.

Sometimes Overlooked

People need to be aware of what their rights are if they have sustained a traumatic brain injury or have sustained other types of injuries. There have been many cases where people did not receive all that they were entitled to because they did not attempt to recover compensation for the loss of their income.

People should ask their attorney questions regarding the specific damages they intend to pursue before they agree to a settlement of any kind. It is important to note that people who have been injured have the legal right to be reimbursed from the insurance company of the party who was at fault for a loss of wages due to their inability to work and for the time they missed on their jobs. The laws in this regard do not differentiate as to whether the injured party is working a full-time job, a part-time job is employed seasonally or occasionally or if they are self-employed or salaried.

Calculating the Figures

When a person files a personal case, and the plaintiff in the case is seeking reimbursement for injuries that fall under the umbrella of special damages, attorneys use something called the personal injury settlement formula. This formula is used to determine how much compensation a person should receive for pain and suffering. In cases where the injured party has sustained minor injuries, an insurance adjuster generally multiplies the number of special damages somewhere between one and a half to three times the value of the claim. In the case of a serious injury, like a traumatic brain injury, the variable multiplied can be anywhere from 1.5 to 5.

Persons who seek these types of damages need to be mindful of the fact that a loss of income is not included in the amount that is multiplied in the personal injury settlement formula. Only after the proper multiplier is set, is it then added on. It is also important to note that under the law, an injured party is also entitled to be compensated for any sick leave or vacation time used to help sustain them during their recovery process.

Documentation is Essential

Any individual who is pursuing compensation for lost income from a brain injury, or a family member who is suing on their behalf needs to make sure that they obtain all of the documentation that is needed to help their attorney make a compelling case. Some key elements of these types of cases include the amount of money that would have been made if they had been able to perform the duties of their job and the hours or number of days they missed due to their accident and the injuries they sustained. This type of documentation is generally fairly easy to obtain for people who work for s company or for another individual. In cases where people work for themselves, as a sole proprietor or for someone else gathering this information is often a bit more challenging but can easily be done.

Persons who are self-employed seasonally or irregularly employed can use items like proof of billing and invoices, documentation or letters that provide information about conferences, in-services, meetings and other appointments or work-related obligations they were not able to honour due to their accident. Calendars are also a useful tool to utilize in these types of cases.

Once all of this evidence is compiled it is important to get it to an attorney, so they can begin to process through it and prepare to file the necessary documents to the court in a timely manner. Persons involved in these types of personal injury cases need to be mindful of the fact that the courts are strict when it comes to filing deadlines, so time is of the essence.

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