Economic Losses in TBI Cases

If you or a family member has sustained a traumatic brain injury, the chances are you already have first hand experience of the overwhelming financial burden that these injuries cause. The following two case scenarios demonstrate economic losses sustained in a so-called “mild” traumatic brain injury case, as well as a “moderate” to “severe” traumatic brain injury case.

“Mild” Traumatic Brain Injury: In some “mild” traumatic brain injury cases, clients return to work after a period of temporary disability.  Economic loss is calculated on wages that are lost as a result of this temporary period of disability.

In other cases of “mild” brain injury, post-accident earning capacity may be dramatically impaired.  In the competitive workplace, all tasks require concentration and attention.  When a “mild” traumatic brain injury has occurred, job performance is adversely affected and the person with a “mild” traumatic brain injury may never be able to return to his/her former line of work.  In these instances, the person with a “mild” traumatic brain injury will require complete retraining.  The economic loss in this case would be made up of the wage loss incurred as a result of the period of temporary disability through the date that the injured person reenters the workforce.  If the job is at a lower rate of pay then the pre-accident job, the difference in pay is also taken into account when calculating the economic loss as a result of a subject accident.

“Moderate” to “Severe” Traumatic Brain Injury: In most catastrophic brain injury cases, the person with the “moderate” to “severe” brain injury will never be able to hold a job again.  Where the person with the brain injury is an adult parent, children and other dependents are left without any meaningful source of support.  It is more likely than not that family relationship will be altered.   The economic loss in these types of cases represents the entire earning capacity of that adult from the time of injury through his/her work life expectancy. Often times this amounts to over a million dollars even when the survivor is a high school graduate without any higher education relegated to present value.

In order to prove economic losses, financial, educational, and employment information has to be gathered by the attorney and provided to an economist for his review.  A life care planner may be consulted in order for the economist to review future medical and attendant care expenses to quantify and relegate to present value.    The economist then explains a person with a traumatic brain injury’s earning capacity and mitigating income is taken into account.  The economists report and testimony should leave a jury with a thorough understanding of the severity of the economic damages of a person with a traumatic brain injury.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If you or someone you know has been injured or suffered
Traumatic Brain Injury or TBI as a result of someone else’s negligence,

you need the assistance of the Law Offices of Ian Mattoch.
Call 808-523-2451 today
to speak with Hawaii’s Personal Injury Attorney.