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Legal Considerations in a Brain Injury Case

Statute of Limitations. As with any lawsuit, brain injury lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations.  Failure to bring suit within this period may bar your ability to bring suit completely.  The statute of limitations, however, differs depending on the subject matter of the case.  At York Law Firm, our attorneys can advise you on the applicable statute of limitations.

For a more complete evaluation of your case, contact one of our skilled attorneys.  We at York Law Firm offer a free case evaluation.

Recovering Damages in a Brain Injury Case

The injured plaintiff can recover past and future damages, medical expenses and non-economic damages, also referred to as pain and suffering – the harms, injuries and losses suffered.  Punitive damages can also be awarded when the plaintiff can prove that the wrongdoer acted fraudulently, maliciously or recklessly.

Types of Damages

Compensatory Damages. Compensatory damages are damages meant to “right the wrong.”  In other words, they are meant to reimburse/make up for the injuries, harms and losses sustained by the victim.

There are two types of compensatory damages: economic and non-economic damages.  Economic damages include quantifiable amounts such as out-of-pocket expenses like medical bills, lost wages or property damage.  Non-economic damages include pain and suffering, loss of companionship, physical injuries/harms, mental anguish and emotional distress.  They also include “loss of consortium,” or damages for loss of society, comfort and care of the injured plaintiff.  Because they cannot be calculated, they are more difficult to quantify and depend on the person’s subjective experiences.  Non-economic damages will often exceed the amount of economic damages awarded, which is why you need to contact one of our skilled attorneys at York Law Firm.  We have extensive experience in advocating for recovery of damages.

Punitive Damages. Damages awarded to the victim in order to punish the wrongdoer for his or her gross negligence are known as punitive damages.  Punitive damages are awarded where the conduct was malicious or in reckless disregard of the plaintiff’s rights, displaying an indifference to the rights and safety of others.  Punitive damages may also be awarded when the defendant’s conduct is fraudulent or oppressive.

Contact York Law Firm

The experienced brain injury attorneys can help you recover economic and non-economic damages alike.  Wendy C. York and her team of legal experts have successfully handled many brain injury cases and can help you obtain the compensation to which you are entitled.

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