Traumatic brain injuries (TBIs) devastate lives in ways that extend far beyond medical expenses and lost paychecks.
Victims face chronic headaches, memory problems, personality changes, and emotional turmoil that can persist for years or even permanently alter their existence.
These injuries disrupt careers, strain relationships, and rob people of the activities and experiences they once cherished.
When a TBI results from someone else’s negligence, you deserve to hold them accountable for all of your losses – including your physical pain and emotional suffering.
However, the invisible nature of many TBI symptoms makes proving pain and suffering after a TBI particularly difficult in legal claims. That’s where the help of an experienced Portland personal injury attorney is crucial.
At Rizk Law, we help TBI victims build compelling cases that demonstrate the true extent of their pain and suffering. Contact us today to learn more about how we can help you.
Overview of Pain and Suffering in Portland TBI Claims
Pain and suffering compensates accident victims for both physical discomfort and emotional distress. In Oregon, these are non-economic damages, separate from measurable costs like medical bills or lost income.
TBI pain and suffering in Portland can account for:
- Physical pain, including immediate trauma and ongoing chronic discomfort from brain injuries
- Emotional suffering, such as depression, anxiety, PTSD, and other psychological impacts
- Loss of enjoyment of life, recognizing when injuries prevent participation in hobbies, social activities, or daily routines
Types of Evidence Used to Prove Pain and Suffering After a TBI
Proper documentation is crucial for supporting a TBI pain and suffering claim. Detailed records help demonstrate the severity of the injury and its impact on daily life. Relevant evidence may include:
Medical records
Maintain complete records of diagnoses, treatments, medications, therapy sessions, and appointments. Include neurological evaluations, brain scans, and neuropsychological test results to provide objective proof of injury severity.
Pictures and videos
Capture visible injuries, surgical scars, or physical therapy challenges. Videos showing daily struggles demonstrate the real-life impact of TBIs.
Personal journals
Record symptoms like headaches, cognitive difficulties, mood changes, and sleep disturbances. Note activities you can no longer perform and emotional reactions to your condition.
Witness testimony
Family, friends, and colleagues can describe behavioral changes, emotional distance, and functional limitations.
Employment records
Document decreased work performance, reduced hours, or job modifications to show the injury’s effect on your career and income – which can cause emotional distress on its own.
Role of Expert Testimony in Portland TBI Claims
Several different types of experts can provide testimony to support your traumatic brain injury claim in Portland, including:
- Medical experts play a vital role in TBI cases, helping juries or insurance adjusters understand complex injuries and their real-life impact.
- Neurologists explain how specific brain injuries cause symptoms, interpret diagnostic imaging, and provide prognoses regarding recovery or permanent impairment.
- Neuropsychologists conduct cognitive testing, revealing deficits in memory, attention, processing speed, and executive function, and show how these impair daily activities, work, and relationships.
- Life care planners project future medical needs and associated costs, supporting claims for ongoing pain and suffering.
Vocational experts assess the injury’s effect on earning capacity, transferable skills, and realistic career opportunities. - Economic experts calculate the monetary value of non-economic damages from a TBI, translating suffering into quantifiable compensation.
Together, these experts provide credible, detailed testimony that strengthens claims and helps insurers and juries fully grasp the severity and consequences of TBIs.
How Personal Injury Lawyers Measure Pain and Suffering in Portland
Proving your pain and suffering from a TBI isn’t the only hurdle to overcome in your personal injury case.
You must also put a fair value on those non-economic losses – a difficult task without receipts or other measurable expenses. Your traumatic brain injury lawyer may use several different methods to calculate what your pain and suffering is worth, including:
Multiplier method
This process involves multiplying economic damages by a number between 1.5 and 5. Severe or permanent brain injuries justify higher multipliers. For example, $200,000 in economic damages multiplied by 5 results in $1,000,000 for pain and suffering.
Per diem method
The per diem method assigns a daily value (often using daily earnings) to suffering and multiplies it by recovery duration. For instance, a victim earning $200 per day with a 365-day recovery could receive $73,000 in pain and suffering damages.
Factors such as injury severity, treatment length, age, and quality of evidence all influence which methods and values attorneys use. Permanent brain damage or prolonged recovery increases TBI pain and suffering compensation.
An experienced personal injury attorney can guide you through the process and explain how it would work in your specific case.
Common Challenges in Proving Pain and Suffering for TBI Victims
There are a few obstacles you will likely have to overcome in a Portland TBI claim for pain and suffering, including
- Invisible suffering – Brain injuries present unique evidentiary challenges because many symptoms are invisible. You cannot photograph or objectively measure cognitive impairment, memory problems, and emotional changes.
- Delayed symptom onset – Some symptoms appear days or weeks after the accident, giving insurers opportunities to claim unrelated causes.
- Pre-existing conditions – Insurance companies may claim that current impairments stem from prior injuries rather than the accident.
Because of these unique challenges, insurers often question victims’ credibility and suggest they are exaggerating subjective symptoms. Consistent documentation, medical records, and corroborating witness testimony help counter these claims.
Expert testimony connecting symptoms to the accident and explaining invisible damage is also critical.
At Rizk Law, we have the experience, knowledge, and resources needed to combat these challenges. Our team secured $460,000 for a client with a pre-existing concussion who suffered a new concussion, chronic migraines, PTSD, and other injuries.
We also have former insurance defense attorney Richard Rizk on our side, giving us unique insight into insurance company tactics and how to counter them.
How a Portland TBI Lawyer Strengthens Your Pain and Suffering Claim
A TBI attorney can help you build a strong Portland personal injury claim by:
- Investigating the accident that caused your TBI to establish liability and document injuries
- Obtaining police reports, interviewing witnesses, and preserving physical evidence to secure strong proof that encourages fair settlement offers
- Coordinating with medical providers to capture all symptoms and treatments, requesting detailed reports on how injuries impact daily life, and arranging specialist evaluations to provide expert opinions
- Gathering testimony from family, friends, and colleagues to illustrate personality changes and functional limitations
- Organizing evidence, medical records, and exhibits to create cohesive narratives and clearly explain complex information
- Managing all communications with insurance companies to prevent harmful statements
- Negotiating aggressively for fair compensation while preparing for trial if needed to fully protect victims’ rights and recovery
Contact Our Portland Personal Injury Attorneys Today
Documenting pain and suffering after brain injuries requires meticulous attention to detail and extensive legal experience. Victims need attorneys who recognize the unique challenges TBI cases present and know how to overcome them.
Rizk Law has been serving injured Oregonians for over 20 years.
In that time, we have recovered millions for brain injury victims throughout Oregon, including $1,250,000 for a pedestrian who sustained a brain injury and $695,000 for a client who suffered a concussion despite insurer resistance.
Our Portland personal injury team combines aggressive advocacy with compassionate client service. As one satisfied client said:
“Phenomenal assistance with the most caring and awesome lawyers you can find. They will fully invest in you and your case and go above and beyond.”
– Shayla
Contact Rizk Law today for a free consultation about your TBI case to learn how we can help you pursue the compensation you deserve.