Traumatic Brain Injury Claims & Settlements: A Full GuideLast updated on: September 30, 2022
Traumatic brain injuries (TBIs) are extremely serious, often requiring medical attention and hospitalization. The costs to diagnose and treat traumatic brain injuries can be extremely expensive, especially if the victim requires ongoing care, such as therapy. These injuries may also be exacerbated by a lack of adequate treatment. To receive compensation for a traumatic brain injury, the victim must be able to prove certain factors such as liability, damages, and recovery.
If you have been involved in an accident caused by someone else and have since been diagnosed with a traumatic brain injury, we may be able to help. Our team has ample experience in determining fault and pursuing fair compensation for our clients.
Call Zinda Law Group at (800) 863 5312 for your 100% free consultation. Additionally, you will not pay us anything unless we are successful in winning your case.
What Is The Average Settlement For Traumatic Brain Injury?
After suffering a traumatic brain injury due to the negligence or intentional actions of another person or entity, you may be wondering what your case is worth. Unfortunately, there is no easy answer as there is no fixed value for a traumatic brain injury. Instead, your compensational amount will be determined on a case-by-case basis and may range from a few thousand to a few million dollars.
Overall, the expected lifelong medical expenses for someone suffering from a traumatic brain injury are as high as $4 million. Rehabilitation costs, including physical therapy and long-term care for the victim may also be as high as $200,000, with daily rehabilitation hospital costs of $8,000.
If you or a loved one is suffering from a traumatic brain injury, contact Zinda Law Group today. Our team can help investigate your case and help you determine what your case may be worth.
How Are TBI Settlement Values Determined?
The value of any personal injury claim, including traumatic brain injuries, will vary depending on the circumstances of your case. Although the facts of each case will be different, there are typically three major factors that are considered when evaluating any case. The consideration of these factors will change depending on the type of accident and the laws in your state; however, understanding them is a good starting point when asking how traumatic brain settlement values are determined. These factors are:
1. Liability: The first factor to consider is liability, as someone must be held at fault for the accident and subsequent injuries before you are able to receive compensation. Liability may be determined by establishing negligence, product liability, premise liability, strict liability, etc.
Negligence is a common form of liability and requires the victim to show that the defendant owed the victim a legal duty of care and breached that legal duty. Further, the victim must show that the defendant’s breach was the cause of the victim’s injuries and that the victim incurred actual damages because of the incident. In a traumatic brain injury case, for example, you may be able to show that a motor vehicle operator was driving while intoxicated and that negligence caused the accident and your various injuries. As motorists owe a duty of care to all other drivers on the road, the driver breached that duty by drinking alcohol, the drinking caused the other driver to hit you and you suffered a traumatic brain injury as a result of the car accident.
2. Damages: The next factor to consider is damages. You must be able to show that you suffered some type of injury or property damage to receive compensation. The two main types of damages are economic and non-economic. Economic damages are easily quantified by combining medical costs, household services, property damage, and related expenses. Non-economic damages are more difficult to quantify and include pain and suffering, humiliation, loss of enjoyment of life, and other similar losses. Following a traumatic brain injury, you will likely be suffering from both economic and non-economic damages.
3. Recovery: Lastly, you must consider recovery. Once you have shown that the defendant is liable for your damages, you must also determine whether the defendant can provide you with compensation. If the defendant does not have any money to give, you may not be able to receive compensation from him or her. If the defendant cannot pay but has insurance, you will likely be able to get your compensation from the insurance company directly. As TBI cases tend to involve expensive medical bills, it would benefit you to hire an attorney with experience dealing with insurance companies.
Although these factors may sound simple enough, demonstrating them may prove difficult. For instance, insurance companies may claim you were at fault for the accident and try to avoid paying you a fair settlement amount. If you have been involved in an accident and are now suffering from a traumatic brain injury, contact Zinda Law Group today. Our team has helped countless victims get their lives back on track following various types of accidents, and we may be able to help you as well.
Factors That Affect Brain Injury Claim Value
Traumatic brain injuries are not uncommon. In fact, there were approximately 223,135 TBI-related hospitalizations in 2019. These injuries range from relatively minor, to life-threatening. More serious injuries will require significant medical care. These medical bills will add up very quickly. To get compensation for your medical bills, you must file a legal claim.
There are several different factors that affect how your brain injury claim may be valued at. These factors include, but are not limited to:
The Severity of the Injury
Although traumatic brain injuries usually result from a violent jolt or blow to the head, they will have a variety of classifications, including minor, moderate, and severe. Depending on the extent of your injuries, you may be suffering from many different symptoms. For example, a minor brain injury may cause a headache, sensitivity to light, and difficulty sleeping, whereas a more severe brain injury may cause loss of consciousness from several minutes to hours, profound confusion, and slurred speech.
In general, the more serious your brain injury is, the higher your settlement amount will be, so it is important to seek medical help from a professional to properly diagnose the extent of your injuries.
The Losses Incurred as a Result of the Injury
Establishing the losses that you have incurred as a result of your traumatic brain injury is critical for determining your claim value. These losses may include your past and future medical costs, lost earnings, lost earning capacity, and other expenditures associated with your brain injury.
These losses may also include damages that are more difficult to prove, such as pain and suffering, personality changes, and loss of enjoyment of life. Your attorney can help investigate your specific case to show these non-monetary damages.
Eligibility to Receive Punitive Damages
Punitive damages are those damages that exceed normal compensation amounts. These damages are not meant to benefit the victim, but instead are meant to punish the defendant’s wrongdoing. In general, in order to receive these damages, the defendant would have had to act in a grossly negligent or intentional manner. Receiving punitive damages will likely increase your settlement amount significantly.
If you have been injured due to another person’s negligence and are subsequently suffering from a traumatic brain injury, you may need the help of an experienced personal injury attorney at Zinda Law Group. Our team has helped countless individuals receive compensation for their medical bills, pain and suffering, missed wages, and more. Contact Zinda Law Group today for more information.
Why You Shouldn’t Settle Too Soon After A TBI
A TBI can change your life in a matter of seconds. Not only are these injuries costly to treat, but they may also lead to a number of long-term damages; such as difficulty learning certain tasks, trouble reading, difficulty with relationships, depression, and mood swings. If you have suffered from a TBI, you may be able to pursue compensation for these damages, and more.
To receive compensation for your various injuries, you will likely be dealing with insurance companies who may not offer you a fair settlement amount for your damages. Insurance companies will generally make you a lowball offer in hopes you will accept it without countering. For this reason, it is recommended to pass on the first offer the insurance company gives you.
Below are additional reasons why you shouldn’t settle too soon after suffering from a traumatic brain injury:
Brain Injuries are Difficult to Diagnose
Brain injuries and their long-term effects are often difficult to diagnose, and it may be hard to determine how much medical treatment you will need now and in the future. This is due to the fact that traumatic brain injuries have a wide range of both physical and psychological effects. For instance, you may be experiencing a bad taste in your mouth or weakness in your fingers or toes, and believe you are suffering from a different kind of injury.
Further, there are many kinds of tests that healthcare providers can use to measure and diagnose traumatic brain injuries. Your specific type of injury may not be completely confirmed by some of these tests, leading insurance companies to believe you are exaggerating the extent of your traumatic brain injury.
It’s Hard to Understand The Extent of Your Injuries
Another reason why you should not settle too soon after a traumatic brain injury is that you may not fully understand the extent of your injuries at that point in time. It is difficult to estimate your future medical care needs in the early stages of recovery, especially if you are focused on getting back to work or typical daily life. Always consult with your doctor or other medical experts before accepting any kind of settlement.
Insurance Companies Focus on Their Bottom Line
Insurance claim adjusters are trained to focus on their bottom line and will use a variety of tactics to lowball their settlement offers. For instance, they may attempt to claim that you were responsible for the accident or that your traumatic brain injury is not as serious as you are claiming. Further, the majority of their settlement offers will be less than what your case is actually worth. By settling too soon, you may be accepting less than you deserve for your injuries.
You Cannot Re-Negotiate After Accepting a Claim
Lastly, it is important to understand that under normal circumstances all settlement amounts are final. This means that once you have settled a claim you cannot re-negotiate or pursue additional compensation later, even if your injuries are worse than you originally believed.
Negotiating with insurance companies for a fair settlement can be difficult and time-consuming. Fortunately, Zinda Law Group’s personal injury attorneys are here to help guide you through the entire legal process and deal with insurance companies to help you pursue the maximum amount of compensation available in your case. Before accepting any settlement amount from an insurance company, contact Zinda Law Group.
Need Help? Contact Zinda Law Group Today
Brain injury cases and brain injury trials are just as complex as the brain itself. They’re tough to litigate; which is why you need an attorney that knows exactly how to handle these cases.
If you have questions about how brain injury cases work, or any questions about what your rights are after sustaining a brain injury, give the attorneys at Zinda Law Group a call at (800) 863 5312 to set up your free initial consultation.
You do not have to worry about paying us anything unless we are able to win you compensation in your case. That is our “No Win, No Fee Guarantee.”
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