How To Seek Compensation After Traumatic Brain Injury

by Samuel Fishman on Dec. 29, 2020

Accident & Injury Accident & Injury  Personal Injury 

Summary: Traumatic Brain Injury is something that can impact the whole life of a victim and his/her family members. Filing an injury claim can help in getting monetary benefits for managing expenses related to injury.

How To Seek Compensation After Traumatic Brain Injury


Brain injuries can be severe and traumatic. They can occur as a result of an accident. If the injuries are minor, a person may recover within weeks. But the main problem arises when someone has a devastating accident which causes severe brain injury. A brain injury can ruin a person's life. Along with physical pain and suffering, the person will be burdened by unexpected and extensive medical expenses. Brain injury treatments are among the most expensive medical treatments in Philadelphia.


In severe cases, a Traumatic Brain Injury or TBI, can leave a person bedridden. A TBI can also cause a person to lose his job. Along with medical challenges and financial burdens, the emotional impact is also extensive. A family dealing with TBI can often end up being bankrupt or face challenges to meet day-to-day expenses. 


What Can Cause a TBI?


People over the age of 65 can be prone to traumatic brain injuries. This is because older people are more prone to slip and fall. However, the National Institute of Health defines brain injury that, "occurs when a sudden trauma causes damage to the brain." Therefore, not only the elderly, but people of all ages can incur a TBI. 


Here are some common situations that can cause a TBI:


  • Car accidents 

  • Pedestrian accidents

  • Bicycle accidents

  • Swimming pool accidents

  • Slip and fall accidents

  • Childbirth

  • Defective product use

  • Medical malpractice

  • Participating in full-contact sports

  • Nursing home abuse

  • Domestic abuse

  • Child abuse, including Shaken Baby Syndrome (SBS)

  • Assault


How to seek compensation after TBI


A person of any age can file a lawsuit seeking compensation for a TBI injury if it was caused by another’s negligence or intentional conduct. The law allows a plaintiff (the injured person) to recover for all financial losses as well as any pain and suffering related to his or her TBI. To file a lawsuit, contact your nearest brain injury lawyer. Brain injury cases are handled by dedicated personal injury lawyers who have in-depth knowledge of brain injury cases. 


There are no special rules that apply to brain injury cases that do not exist for other negligence actions. What makes brain injury cases different from other personal injury cases is that the injuries can be life-threatening and can change a person’s life forever. Therefore, the amount of compensation in such cases can be extensive.  


The insurance companies always try to keep the amount of compensation low. The expertise of your lawyer helps to determine the amount of compensation you deserve for your injuries.


What are the damages for which you can get compensation for TBI?


Damages and related compensation vary depending on the circumstances of the accident. But here are a few points which are common while calculating compensation for TBI.


  • Medical treatment costs- The initial medical expenses to treat a TBI can be significant. Compensation for your injuries can cover emergency medical services, ambulance services, hospitalization, doctor's visits, medication, surgery, and scans for determining TBI.


  • Future medical costs- Severe TBI can leave a person ill for years. He might need further surgery, extensive rehabilitation, nursing, or assistance at home or at long-term treatment facilities. The compensation sought includes the calculation of possible future medical costs.


  • Rehabilitation costs- Moderate and severe TBI can cause severe brain damage. The person may find it difficult to speak or to do the simplest of tasks, such as moving a part of his or her body. Such patients require services from professional rehabilitation centers. Compensation for TBI injuries may include such rehabilitation costs.


  • Cost of required devices- A TBI can leave a patient in a wheelchair for a lifetime. In other cases, a patient may need the support of other devices or technology to manage day-to-day activities. The cost of such devices and equipment can also be sought as part of TBI compensation.


  • Lost wages- If you are the only breadwinner in your family, the financial impact of a TBI can be severe. Some TBIs leave a person in a coma. This can lead to loss of wages as the person cannot return to his or her job. A brain injury attorney considers the current and future loss of wages while calculating TBI compensation.


In the case of a severe brain injury, a victim can suffer enormous financial loss and tremendous mental and emotional damage. The Law Offices of Samuel Fishman, Philadelphia Personal Injury Lawyer will assist you in recovering compensation for your current and future needs related to your injuries.

Legal Articles Additional Disclaimer is not a law firm and does not offer legal advice. Content posted on is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, recommends that you contact a lawyer to review your specific issues. See's full Terms of Use for more information.