Under the tort laws of both Pennsylvania and New Jersey, brain/head injury victims may be able to receive fair and financial compensation for economic and non-economic losses:
- medical bills,
- lost wages,
- other economic expenses, and
- pain and suffering.
The plaintiff in a tort action like a brain injury case is entitled to make a claim for all financial losses incurred up to the time of trial. In some cases, where supported by sufficient evidence, the plaintiff may make claims for future expenses, those that are reasonably expected to occur in the future.
Brain/head injury cases can be very complex, especially because the treatment course varies from the usual course of healing and treatment for other physical and mental injuries. Brain injuries, for instance, may take many months to resolve, and it may take a year or more to obtain proper medical diagnosis and treatment, compared to an injury like a fractured wrist, which has a usual treatment course and timeline. In addition, brain/head injuries often go undiagnosed in the initial aftermath of a serious accident, like a workplace fall accident.
Medical Bills in a Brain/Head Injury Lawsuit
One of the main components of a brain/head injury case is cognitive therapy or treatment with a neuropsychologist. This type of therapy is time-consuming and costly. If not covered by medical insurance or any other type of applicable insurance, the costs can easily exceed several thousand dollars, out of pocket. This is in addition to the standard treatment costs, like CT-scans, neurologist visits, family doctor visits, etc.
So long as the accident was caused by the negligent conduct of another party, the injured party (plaintiff) can make a claim for all medical expenses incurred to date and medical expenses that may reasonably be expected in the future. For instance, if a brain injury victim does not receive cognitive therapy by the time trial occurs, the medical bills claim can include a claim for cognitive therapy that is expected to occur in the future.
The key is having sufficient medical record and proof to back up the need for any such future treatment. A medical doctor will usually need to provide evidence by way of reports or records, which clearly indicate the need that 1. future treatment is needed, and 2. such treatment is necessitated by the accident (i.e., due to the actions of the wrongdoer).
Brain-Head Injury Accident Lawyers in PA & NJ
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