Common Types of Compensation in a Brain Injury Case

Following a workplace accident, a fall, a motor vehicle accident, or any other accident that causes brain injury, it’s natural to be compensated by the company or individual responsible for the accident. The type of compensation varies depending on the case. Below is a look at the common types of brain injury compensation that can be available in the event of a brain injury claim.

Special Damages

Special damages, also termed economic damages, provide compensation for financial and tangible losses resulting from a brain injury. For instance, financial losses can include medical treatment expenses, estimated costs of future care, income and benefits lost because of a brain injury, and more.

General Damages

General damages feature areas of compensation for intangible losses. Often, such losses are difficult to quantify. Nonetheless, the law allows these damages to be compensated, particularly in severe traumatic brain injuries. General damages can include the physical pain and suffering one goes through after experiencing brain injuries. Damages here can also include the mental and emotional distress a victim experiences because of the injuries.

Punitive Damages

There are instances where punitive damages are offered, although they might not offer compensation to a victim involved in the accident. Usually, these damages are intended to add punishment for behaviours that are considered hazardous or egregious. Cases involving punitive damages could arise as a result of incidents like road rage accidents, acts of violence, drunk driving, and other forms of accidents portraying disregard for human safety.

How Are Damages Paid?

Conventionally, victims have received lump-sum compensations for brain injury-related cases. This still stands as one of the main ways victims get compensated in most cases we deal with. However, at McPhillips, Fitzgerald & Cullum, we understand that there are instances where ongoing losses are experienced. We strive to ensure that victims are fairly compensated periodically to cover any losses experienced. 

One of the main challenges with lump-sum payments is that money can run out. Similarly, it might not be possible to file for additional compensation. It’s very important to mull over the method of compensation when settling cases involving brain injuries. Don’t worry; our legal experts at McPhillips, Fitzgerald & Cullum can do that for you. Contact us today to know more about the specific compensation you might be entitled to if you or someone else is involved in an accident that could lead to brain injury.


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