Brain injuries are common in the United States. At least 1.7 million people suffer brain injuries annually. When you or a loved one suffers a brain injury because of someone’s negligence, you have limited options. You can be disabled, with high medical bills, and cannot work. Fortunately, you can be eligible to file a brain injury lawsuit against the liable person or entity.
How much compensation you can get for a brain injury claim depends on many factors this article will highlight. Speak to a brain injury attorney in your area in a free consultation today to learn if you have a case. A brain injury lawyer is essential if you or a loved one suffered an injury and another party is responsible.
What Is A Brain Injury?
A brain injury is damage to the brain caused by various situations and conditions, such as head trauma in an accident, poor oxygen supply, intracranial hemorrhage, or other bleeding.
Common causes of brain injuries that can trigger a personal injury lawsuit are:
Auto Accidents
The most common cause of traumatic brain injuries (TBIs) is auto accidents. During a serious accident, the head can slam into parts of the car or windshield. Or, the brain can be shaken back and forth in the skull in a crash, leading to bruising or bleeding.
Many auto accidents with brain injuries happen because of reckless or negligent truck drivers. These crashes are complicated, and you should have a personal injury attorney representing you. There may be several liable people and entities in a truck accident.
Falls
Falls are common with brain injuries, especially falls that happen at work. Your loved one can slip and fall on a wet floor or fall from heights. In certain incidents, you can file a brain injury claim against an employer or third party.
Sports Injuries
Traumatic brain injuries occur often in sports and recreation. Many sports, including basketball, football, boxing, and hockey, can cause severe head injuries. Sometimes, you can file a claim against someone or an organization if they were negligent.
Explosions
Explosions during military operations can cause brain injuries. In addition, explosions in oil, gas, and chemical companies can trigger severe brain injuries. Victims can seek compensation for medical expenses, lost earnings, and pain and suffering.
Medical Malpractice
Doctors and medical facilities must adhere to a standard of care when treating patients. However, mistakes during procedures and surgeries can cause severe brain injuries. If these errors occur, the responsible parties may be held accountable for the harm caused.
Assaults
Domestic violence, assaults, child abuse, and gunshot wounds can cause TBIs. The authorities can criminally charge the assailant, and you can file a lawsuit for damages.
Common types of brain injuries that can lead to disability and death are hemorrhage, concussion, edema, skull fracture, and hematoma. Your brain injury attorney will consult medical professionals to document your injuries and how they happened. You can receive compensation if your attorney proves another party’s negligence or wrongful act caused your injuries.
Compensation For Brain Injury Victims
Brain injuries are among the most complex and expensive injuries you or your loved one can suffer. TBIs can affect the victim for the rest of their life, and they cannot fully recover. Even if full recovery is out of reach, sufficient compensation can improve the victim’s life. A brain injury attorney can guide you in obtaining compensation for:
Medical Expenses
TBIs can cost hundreds of thousands or millions to treat. The initial treatment costs can be $250,000 or more, plus ongoing care for years. Your personal injury attorney will determine your full medical costs for now and in the future. They may hire medical professionals to estimate your future medical needs accurately.
Lost Income
Lost income can be substantial with a traumatic brain injury. Imagine if your husband suffered a severe head injury in a truck accident, and you’re dependent on him for income. You can receive compensation for past, current, and future lost earnings, including what he may have earned in future work years. This compensation can help replace the financial support you and your family rely on.
Pain And Suffering
Pain and suffering from head injuries can be extreme. You or your loved one should receive compensation for physical pain and suffering. You also may receive payment for mental and emotional anguish that the injury victim and family suffer related to the injury.
Loss Of Enjoyment Of Life
A severe TBI can leave the victim both physically and mentally disabled. This means they can no longer live as they once did, so compensation should cover the lost enjoyment of life. The financial support can help cover the cost of care and adjustments needed to improve their quality of life.
How Can A Brain Injury Attorney Help Your Claim?
A brain injury attorney is essential if you or a loved one suffered an injury because of someone’s negligence or wrongful action. Negligence can occur in many forms, including car accidents, slip and fall incidents, medical malpractice, work injuries, and product defects. Your attorney will help in the following ways:
Determine If There Is A Case
First, your brain injury lawyer will meet with you to determine if you have a case. This means understanding how the accident or incident happened and who may be responsible. Proving negligence is usually needed to obtain compensation for a TBI and involves these steps:
- Another party had a duty of care to you: For example, a truck driver has a duty of care to other motorists to obey traffic laws and not injure others. The duty of care for a commercial truck driver is even higher than for other motorists.
- The other party violated their duty of care by, for example, rear-ending their vehicle in traffic.
- You suffered injuries from the breach of duty of care, such as brain bleeding and loss of mobility and speech ability.
- You have damages, such as $250,000 in medical bills and lost income.
Proving negligence is difficult and requires a brain injury attorney’s skill and experience. The defendant's insurance company will fight to minimize its obligations, so contact an attorney to represent you.
Calculate Your Brain Injury Damages
In-patient brain injury care may cost up to $400,000 just for initial care, and the average cost per patient is $87,000. Your brain injury attorney will work with medical professionals to understand your medical care expenses today and in the future.
In addition, your attorney will determine your current and future lost earnings. A severe brain injury may mean permanent disability, which entitles you to lost earning capacity income. Financial and occupational specialists must carefully calculate this compensation. This is necessary to guarantee you have sufficient income to live comfortably.
Next, your brain injury lawyer will determine just compensation for pain and suffering, as well as mental anguish. This compensation category is subjective, and your lawyer will rely on their experience with similar cases and injuries to argue for the most money.
Negotiate With The Insurance Company
Insurance companies are notorious penny-pinchers with expensive TBIs. The insurance adjuster may try to blame you or your loved one for the accident and deny liability entirely. Or they will argue that a pre-existing condition meant you should receive less compensation.
Your brain injury attorney knows you need maximum compensation and won’t tolerate insurance games. They will demand fair compensation for your full losses and threaten litigation if the insurance company balks. Many insurance companies know that juries don’t take kindly to insurers trying to underpay severely injured victims. Filing a suit can lead to a better settlement offer.
Take The Insurance Company To Court
Most brain injury claims settle out of court. However, cases arise where the attorney must file a lawsuit and argue the case before a jury. If needed, your brain injury attorney will prepare the case for trial and make the best case for the jury.
Handle All Case Communications
The last thing you or your loved one needs is to deal with legal and insurance headaches when injured. You can count on your brain injury lawyer to oversee the case and handle everything.
A brain injury attorney is required when someone’s negligence caused your injury. Brain injury claims are complex and expensive, and millions can be at stake. Always talk to a lawyer about your case, and if it’s viable, retain a brain injury attorney immediately,
What Is A Brain Injury Case Worth?
Determining the value of a brain injury case is difficult. As noted earlier, there are many components to a brain injury claim and compensation. Thus, quoting an ‘average settlement amount’ for a brain injury is impossible. What can be said is that the following factors will influence your settlement:
Severity Of Injuries
The more severe the brain injury, the higher the case value. A less severe concussion that causes brief memory loss and loss of work will probably be worth less than a severe brain injury that affects your ability to work and enjoy life forever.
Medical Expenses
A severe injury can have hundreds of thousands in initial hospitalization and surgery costs. On the other hand, a concussion may only require a few thousand dollars of medical care. Your attorney will talk to your doctors about your current and future medical needs and document them for the insurance company,
Lost Earnings
Whether you can return to work is a major factor in the brain injury settlement. A concussion can put you out of work for a few weeks or months. However, a severe injury can cause devastating brain damage and render you fully disabled. You will receive more compensation for future work years if you cannot work anymore.
Pain And Suffering And Emotional Distress
Severe brain injuries can wreck your quality of life and relationships with your family. If you have a loss of enjoyment of life, changes in cognitive ability, and personality changes, you can ask for more money for pain and suffering. This additional compensation can help cover such injuries' long-term emotional and psychological impact.
Liability
You can receive more money if the accident or incident liability is clear. For instance, if a truck driver was drunk and rear-ended your car, liability is clear. On the other hand, you can receive less money if you are partially to blame for the accident.
Insurance Limits
The insurance coverage limit is also a factor in a brain injury settlement. The insurance can be limited to $30,000 in a car accident, which isn’t enough to pay large medical bills. However, a brain injury attorney can determine if filing a personal injury lawsuit against the liable party is worthwhile.
If a company is liable for the accident or incident, it probably has more insurance to pay damages. Further, a corporation usually has sufficient assets to pay for losses if insurance coverage is inadequate.
Remember The Statute Of Limitations
After a brain injury, you or your family may be overwhelmed with day-to-day care for the injured person. However, it’s critical to file a personal injury lawsuit within the statute of limitations. In many states, including California, the statute of limitations is only two years. This means there are only two years from the date of the injury to file a claim. Act fast by speaking to a local brain injury lawyer today.
Speak To A Brain Injury Attorney Today
Did you or a loved one suffer a brain injury because of someone’s negligence? You should receive compensation for your medical expenses, lost income, and more. A brain injury attorney has the training and experience to maximize your compensation.
The best part is you needn’t pay out-of-pocket legal expenses. Your brain injury lawyer gets paid through a contingency agreement from your settlement or jury award. Most attorneys receive 33 percent to 40 percent of whatever you receive in your case, plus any legal expenses paid during the case. Talk to a personal injury attorney in your area today for more information.
