Q: Two and a half years ago my husband suffered a head injury when his car was rear-ended by a large commercial truck. He was in a coma for five days. He now experiences frequent, severe headaches. His short-term memory does not seem to be as good as it used to be and he just seems different in many ways. Are we entitled to be compensated for the way that this has changed our lives?
A: Yes. Your husband’s physicians and other medical providers would be called to testify about the nature of his brain injury, and how his type of brain injury can affect different mental functions such as short-term memory. It is not uncommon for people with “mild” brain trauma to appear to be perfectly normal to the outside world, while family and close friends understand the fundamental changes that the person has experienced.
In these cases, it is the lawyer’s job to make sure that the jury understands the extent to which a brain injured person and his family have been affected by the brain trauma. If your husband has not received thorough neurological and neuropsychological evaluations during the regular course of his medical care, it is imperative that your attorney make appropriate arrangements for these evaluations.
A brain injury of the type that you describe can also affect a person’s ability to earn a living, and may cause a diminution in the person’s earning capacity. These losses are also compensable under New York law.
If you or a loved one has suffered a traumatic brain injury or if you have a question, please call a Cellino & Barnes Brain Injury Attorney now at 1-800-888-8888 or contact us.