How much should I ask for to compensate for pain and suffering due to a brain injury?
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How much should I ask for to compensate for pain and suffering due to a brain injury?
I am about to settle with an airline but I want advice on the typical amount charged for pain and suffering due to a concussion. Over the summer I was aboard an international flight when a flight attendant opened the overhead bit above be to retrieve cups and an ornamental walking stick with a cudgel on the end fell out and hit me directly on the head. The airline did not offer proper assistance,
and when I returned home I became very ill and was diagnosed with a concussion. The airline is not flighting my claim that they were negligent, and have agreed to cover my lost wages, medical, etc, however I do not know how much to ask for in damages, especially given that a brain injury can escalate later in life. If I could get an estimate of the typical amount one is paid out for damages for
concussions, that would be helpful.
Asked on January 31, 2018 under Personal Injury, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends entirely on the medically documented damage and effects, how long those effects will linger, and if there is evidence that the injury *will*--or at least probably will--escalate. The fact that an injury *could* escalate is meaningless: the law does not provide or entitle you to compensation for hypotheticals. A concussion with few or no future effects might be worth nothing to a few hundred, maybe a thousand or two, dollars; once that has led or according to expert medical attention will very likely lead cognitive impairment might be worth tens of thousands. There is no one-size fits all award for a concussion, since it depends on the provable consequences or effects.
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