Previously, we began looking at a recent study exploring a new potential biomarker for determining the outcome of traumatic brain injuries in pediatric patients. As we noted, such studies are fairly common and the medical community is continuing to explore potential avenues for predicting patient recovery from traumatic brain injuries so as to improve outcomes.
For those who suffer traumatic brain injuries, one of the important goals of personal injury litigation is to obtain fair and just compensation for injuries. Compensatory damages include both monetary losses such as medical costs, lost wages and decreased future earnings, but also mental and emotional distress, loss of enjoyment of life, and so on. For any injury, accurately measuring damages is important to ensure the plaintiff is fairly compensated.
Accurately measuring the damages associated with traumatic brain injuries is not necessarily an easy matter, partly because we don’t fully understand the recovery outcome an accident victim will experience. That said, it is possible to get a pretty good idea by looking at the injury itself and the accident victim’s progress, as well as the existing body of research on brain injury recovery.
Typically, establishing an accurate amount of damages for brain injuries requires the use of expert witnesses to provide a technical basis for the damages requested. Different experts can have different opinions, of course, and using a qualified and trustworthy expert to build a strong case is important to convince the court of the extent of the costs associated with the injury.
Zealous advocacy is necessary to build a strong damages case, and a committed, skilled attorney will work to ensure an accident victim is best positioned to achieve a favorable outcome with respect to damages.