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 dictate 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 the 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, often resulting from incidents such as construction accidents, create 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.
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.
