There is no meaningful figure for average settlement in brain injury cases. The compensation you are eligible to recover from an at-fault party whose wrongful conduct caused you to suffer a brain injury depends on the unique details of your case. You will need to determine your recoverable damages and calculate their value to understand what an appropriate settlement would look like in your case.
A personal injury lawyer from our firm will calculate the damages that apply to your case and negotiate a settlement with the at-fault party and their insurer. This allows you to reach a settlement that adequately covers your losses.
What Is the Value of Your Brain Injury Case?
The value of your case will vary depending on the severity of your brain injury and the financial losses you incur as a result. No two brain injuries are exactly the same, and neither are the damages suffered by any two brain injury victims. It is also entirely possible for two people to have similar brain injuries yet receive different settlement amounts.
A lawyer will calculate the value of the damages that apply to you to arrive at an appropriate amount of compensation to demand from the liable party and their insurance provider.
What Damages Are Recoverable in Traumatic Brain Injury Cases?
Suffering a traumatic brain injury often impacts the injured person for the rest of their life. A brain injury victim could be left with a reduction in brain function, paralysis, or disability. If you have been diagnosed with a brain injury, you may need to adapt to a new way of living, including making changes to your home. Brain injuries may impact your relationships, change the quality of your life, and affect your mental and emotional health.
Your legal case is not just about your injuries, but also the expenses you incur as a result of them. You are typically entitled to recover the following types of damages from the liable party:
- Medical bills
- Lost income
- Home services
- Childcare costs
- Physical therapy and counseling
- Pain and suffering
- Emotional distress
- Mental anguish
- Diminished quality of life
Your medical expenses could include costs for hospitalization, medication, transportation, surgery, diagnostic tests, and future medical expenses you incur because of your injury. Lost income includes future income you would have brought into your household if you had been able to work in the same capacity as you once did.
Home services are services you are no longer able to provide because of your injury, such as cleaning and yard work. If you have to hire someone to perform these tasks, compensation for your injuries should cover expenses such as these.
How Will a Lawyer Benefit Your Brain Injury Case?
A lawyer should be your powerful advocate as your case moves through the legal process. As your advocate, your lawyer should protect your rights while seeking an amount of compensation that will adequately cover your loss and hold the liable party accountable for your injuries.
Part of the case-building process is determining how much compensation you deserve for your losses. After your lawyer makes this calculation, negotiations with the other side will begin. We will negotiate on your behalf to reach an appropriate settlement, being careful to evaluate any settlement offers.
After drafting a settlement agreement, we will review the terms with you. However, the decision to accept or reject a settlement is entirely up to you. Some cases are best resolved by settlement and some cases call for a trial before a judge and jury in the courthouse in order to win an appropriate result.
We will discuss the potential advantages and disadvantages of settling versus trying a case with you, and address such issues as the time-consuming and costly aspects of a trial and the unpredictability of juries. We will never take our eyes off the ultimate goal: To win the best possible case result for you.
Every personal injury case has unique factors that determine how much compensation you will recover. A lawyer from our firm will discover these factors and work to recover the compensation you need to cover your expenses and secure your future.
What Is a Traumatic Brain Injury?
A traumatic brain injury is a severe head injury that often does serious damage to the skull and underlying brain tissue. You could suffer a brain injury from a car accident, a fall, or being struck by an object, with falls and car accidents being the most common causes, according to the Centers for Disease Control and Prevention (CDC).
There are several types of brain injuries, including:
- Concussion: An injury resulting from a blow to the head, a concussion causes symptoms such as nausea, headache, blurry vision, memory loss, and confusion.
- Hematoma: A pool of blood between the brain and the skull as a result of a blow to the head.
- Skull fracture: Damage to the bone underneath the scalp that protects your brain. This injury typically coincides with other brain injuries such as concussion and hematoma.
- Contusion: A severe bruise as a result of bleeding in the brain.
- Secondary brain injury: An injury resulting from a non-brain injury somewhere else in the body, such as an injury that prevents oxygen from reaching the brain.
- Brain penetration: An object penetrates the skull and underlying brain tissue.
All of the above types of brain injuries are serious. We urge you to seek medical attention right away because some brain injury symptoms take time to present. When it comes to brain injuries, every second counts. Your medical records also serve as proof of your damages.
Learn More About Brain Injury Settlements Today
Your life might never be the same after suffering a brain injury. Compensation will not heal your injury or reverse its effects it, but it will cover your expenses and help you and your family cope as you begin to rebuild together.
A personal injury lawyer from Friedman & Simon, L.L.P. will handle your legal case, meet all deadlines, and work to secure a settlement that is acceptable to you.
To learn more about brain injury settlements, or to talk to a member of our team about your case, please call for a free consultation today.