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Quantifying claims in brain injury lawsuits can be challenging

Victims of accidents that were caused by the negligence or recklessness of others can suffer devastating consequences. A brain injury, for example, can adversely affect all aspects of the victim's life. Although recovery of losses might be pursued through the New York civil justice system, putting a monetary value on them is a challenging task.

In determining the amount of compensation to award in a brain injury lawsuit, more than actual losses must be considered. This type of injury could have ongoing effects on the victim's physical, emotional and mental health, preventing him or her from returning to work. While documented claims can include wages lost since the accident, the impact of lost employment opportunities and income in the future must also be taken into consideration.

Compensatory damages could also include medical expenses, which must cover those incurred following the incident along with long-term care and medical treatment going forward. Noneconomic damages that could be claimed include past and future physical and mental anguish, pain and suffering. Also, hedonic damages might be recoverable. These refer to the loss of life enjoyment and the plaintiff's diminished quality of life as a result of the injury.

The impact of each brain injury on a victim's life is unique. For that reason, victims in pursuit of recovering damages in New York typically consult with a personal injury attorney. A lawyer who has experience in dealing with brain injury cases can anticipate future losses related to the injury to ensure a comprehensive claim. The attorney can also assist with quantifying the damages before presenting it to the court for adjudication.

Source: FindLaw, "Brain Injury Lawsuits: How Much Is Your Case Worth?", Daniel Taylor, Accessed on May 25, 2018

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