Brain and head injuries are some of the most serious injuries caused by preventable accidents. Traumatic brain injuries can impact a patient’s memory, emotional and behavior patterns, and cognitive thinking. These symptoms can substantially impair the injured individual’s ability to earn a living and maintain personal relationships. If you or your loved one have suffered a brain injury due to another person’s negligence, you are probably concerned about mounting medical expenses. You may be asking yourself how much your brain injury case is worth. Perhaps an insurance adjuster has made you a settlement offer, and you are wondering whether you should accept it.
To estimate the value of your brain injury case, we recommend discussing your case with an experienced traumatic brain injury (TBI) attorney. The skilled personal injury attorneys at Heninger Garrison Davis offer potential clients a free case evaluation. We will discuss your case and provide you with a general estimate of your case’s value based on our experience and the facts in your unique case. Brain injury cases are complex, and we will need to consider multiple factors to determine your case’s value. Contact Heninger Garrison Davis today to schedule a free case evaluation.
Traumatic Brain Injuries Can Result in Millions of Dollars of Damages
The majority of damages in brain injury cases come from medical expenses and lost income. The lifetime cost of a victim’s treatment for a traumatic brain injury can be expensive, ranging from $85,000 to $3 million. When the victim is young at the time of the brain injury, the medical expenses could be even higher, much over $5 million. The symptoms associated with traumatic brain injuries can make it difficult, if not impossible, for victims to continue to work. The lifetime costs associated with a loss of earning capability can also exceed over $1 million.
How to Calculate Damages for a Brain Injury Settlement
The attorneys at Heninger Garrison Davis work with financial and medical experts when calculating damages for brain injury settlements. We will ensure that we understand the full picture of your injury and all the expenses you will incur over your lifetime. Experts can help us estimate how much compensation you will lose over the long run and the future medical expenses associated with your injuries.
Once we calculate your tangible damages, we will determine your non-economic damages. Non-economic damages include damages for emotional distress and pain and suffering. One of the most common methods for calculating non-economic damages is to multiply the economic damages by 1.5 to 5 times. The more severe, the higher multiplier.
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Factors that Influence a Brain Injury Claim’s Value
No two brain injury cases are exactly alike. As a result, the amount of compensation will vary on a case-by-case basis. When determining the value of your case, the attorneys at Heninger Garrison Davis will consider multiple factors to achieve an accurate and fair estimate of the compensation you may be eligible to receive. These factors include the following:
- Past and future medical care costs
- Loss of wages from missed work
- Future loss of earnings due to your brain injury
- The nature and extent of your brain injury
- Total or partial disability due to brain injuries
- Pain and suffering, both mental and physical
- Whether the brain damage is temporary or permanent
- Costs of hiring a caregiver
- The physical, emotional, cognitive, and behavioral symptoms of the brain injury
- Your age, medical history, and occupation
For example, if you spent weeks or months in the hospital and underwent expensive medical treatment and follow-up care, you may need part-time or full-time care from a medical attendant. You may also need physical therapy or rehabilitation. You may need ongoing prescription medication and transportation to and from doctor’s visits and therapists. In this case, your case will likely be valued at the higher end of the spectrum.
Other Factors That Can Influence the Value of Your Case
Other factors that could influence your case’s value include the following:
- Liability: When the fault for an accident is disputed, the other party may try to offer you a low settlement by arguing you were fully or partially to blame for the injury.
- Multiple defendants: If multiple people are liable for the accident that resulted in your injury, there may be disputes about how much each defendant should pay.
- Egregious conduct by the defendant: Punitive damages are available when the defendant’s willful or egregious conduct caused the accident
- Mitigating damages: When plaintiffs mitigate damages by seeking treatment right away, they are more likely to receive more compensation
Contact a Traumatic Brain Injury Lawyer Today
If you or a loved one has suffered a traumatic brain injury, you may be able to pursue compensation for medical expenses, lost wages, and pain and suffering. Contact Heninger Garrison Davis today to schedule your free initial consultation.