New York Personal Injury Lawyers

How Much Compensation For Brain Injury

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How Much Compensation For Brain Injury

How Much Compensation Can You Receive for a Brain Injury?

Determining the amount of compensation you will receive for a brain injury is challenging. Every traumatic brain injury (TBI) case is different. Therefore, there is not a standard settlement amount for these types of personal injury claims. 

However, there are components that influence how much your brain injury settlement will be. We have outlined some of them in our guide below.

Factors That Determine How Much Your Brain Injury Suit Is Worth

The total compensation you can receive for your brain injury lawsuit depends on a variety of factors. In America, awards for head injuries can exceed $14 million. At Dansker & Aspromonte Associates LLP, we have won over $50 million for clients who sustained traumatic brain damages.

To ensure you recover damages for all of your physical, emotional and financial damages, hire a legal professional to carefully evaluate your claim and demand fair and reasonable compensation from the liable party (or parties).

How Severe Is the TBI

Traumatic brain injuries can be mild, moderate, or severe. The severity of your brain injury will impact your total settlement because it dictates your medical treatments, time away from work, and emotional hardships. 

For example, someone with a concussion does not need the same type of intensive care that a person with a diffuse axonal injury requires. Therefore, while both parties may be eligible to collect compensation, the diffuse axonal injury will likely warrant a higher settlement.

Economic and Non-Economic Losses

The total financial and psychological losses you incur dictates how much compensation you can collect from a brain injury claim.

The final settlement should allow you to recover all of your:

  • Out-of-pocket expenses due to accident
  • Medical bills for brain injury treatments
  • Lost income due to not being able to work
  • Emotional trauma
  • Pain and suffering
  • Loss of enjoyment of life
  • Adaptations around the home
  • Changes in the quality of your relationship with children or with your spouse

A personal injury lawyer will collect evidence to demonstrate the value of your total losses. For example, they may use medical records, pay stubs from your employer, and receipts to illustrate the extent that your injury has had on your life.

Your Return to Work

Traumatic brain injuries cause financial strains because they prevent you from performing your job safely and returning to work. However, by pursuing a brain injury claim, you can recoup these types of losses. 

Missed wages, lost benefits, and future reduced earnings can all be added to your total settlement amount. Therefore, the more time you have to spend away from work, the higher your TBI compensation.

For a free legal consultation, call (212) 732-2929.

Compensation You Can Receive in a Brain Injury Lawsuit

If you decide to file a claim against the person or entity responsible for your head injury, you may be able to recover compensation for any damages you sustained.

The types of damages available in most traumatic brain injury cases include:

  • Medical expenses: All costs associated with treating your injury, including hospital bills, surgeries, and diagnostic testing.
  • Future medical costs: Expenses you may incur for ongoing medical care, such as prescription drugs and rehabilitation.
  • Lost income: Any wages, tips, or benefits lost while recovering from your brain injury.
  • Loss of future earning capacity: Reimbursement for the loss of future income you are eligible to receive if your head injury prevents you from returning to your job.
  • Pain and suffering: Compensation for any physical or emotional injuries you suffered due to your brain injury.
  • Emotional distress: Compensation for any mental suffering endured from the brain trauma.
  • Miscellaneous expenses: Reimbursement for out-of-pocket costs incurred due to your head injury.

If you lost a loved one in a brain injury accident, you may be able to collect compensation through a wrongful death lawsuit. These claims allow family members of the deceased to recover damages from the party responsible for their loved one’s death. They compensate for funeral and burial costs, loss of consortium, and any medical expenses leading to the fatality.

Do I Need to Hire a Lawyer for My Brain Injury Case?

Since there is not a set amount of compensation you are entitled to collect in a brain injury case, it’s best to hire a personal injury lawyer to represent your claim. 

The liable party or their insurance provider may attempt to deny fault for the accident, preventing you from securing a settlement. Even if they do not deny responsibility, the liable party or their insurance company may attempt to offer you substantially less than your damages are worth. An experienced and dedicated lawyer will fight for you.

Your lawyer will make sure you recover fair compensation for your traumatic brain injury by:

  • Evaluating the details of your accident 
  • Establishing liability for your accident injuries
  • Collecting and preserving evidence to prove fault (like medical records, accident photos, and witness statements)
  • Valuing your claim and determining a proper settlement amount
  • Demanding compensation from the liable insurance company
  • Negotiating with the insurance company on your behalf
  • Representing your traumatic brain injury case in court

You deserve a proper recovery after suffering a brain injury, and an experienced legal professional will make sure you receive it.

Click to contact our personal injury lawyers today.

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Take Action With Our Brain Injury Law Firm

If you sustained a head injury, take legal action with the brain and spinal cord injury lawyers at Dansker & Aspromonte Associates LLP. Our lawyers have been fighting for brain injury victims since 1988. Our team is ready to evaluate your case and get work securing the settlement you deserve for your head injury. Call us today for a free evaluation.  But don’t delay as there are deadlines that limit your rights.

Call or text (212) 732-2929 or complete a free case evaluation form.

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“Your ability speaks for itself and you worked meticulously with all of your heart and conscientiousness.”

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Let Our Team Handle Your Case with Confidence

Contact Our Team Today

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Let Our Team Handle Your Case with Confidence

Contact Our Team Today