Each case is different, so there’s no standard compensation. Defendants/insurers also plan to downplay your injuries, share the blame, or bargain the smallest settlement. The jury will examine all evidence for what your lawyer is claiming. If there’s enough proof for the damages, you’ll probably receive the deserved compensation. So how much can you claim for TBI?
How Courts Determine Compensation for Traumatic Brain Injuries
If you suffer TBI because of someone else’s negligence, the at-fault party should compensate for all damages. They may choose to settle out of court, but some cases end up in trial. You should involve a lawyer to avoid settling for lower than you deserve in off-court compensations. Courts and juries cannot approve beyond the maximum you’re claiming. But how is settlement calculated?
1. Economic Damages
Most settlements consider economic and non-economic damages. Also known as special damages, economic damages are easily calculable expenses and losses. Medical bills, medications, assisted living, reduced earning capacity, and lost wages fall under special damages. Property damages such as vehicle repair/replacement medical are also economic damages.
Proving economic damages is much more straightforward because you can retain documentation and receipts. You’ll need to collect evidence of all expenses, including medical bills, medication, therapy sessions, car repair receipts, and more. The court will use such records to calculate what you lost due to the accident resulting in TBI.
2. Non-Economic Damages
Non-economic damages are more complicated and have varied calculations. Popular non-economic damages include pain and suffering, loss of enjoyment/consortium, mental anguish, and wrongful death. Quantifying pain and suffering or the price of life considers different factors, ranging from occupation and earning to settlements in similar precedents.
The insurer may use the “multiplier” or “per diem” methods or custom algorithms to calculate compensation. Your lawyer’s job is to gather sufficient evidence to prove your pain and suffering and other non-economic damages. In most cases, the jury will use various evidence, including insights from expert witnesses, for compensation.
Factors Influencing Traumatic Brain Injury Compensation
The brain is highly sensitive, and injuries have significant impacts, so TBI compensations are bigger on average. It doesn’t mean your case will settle in the millions. TBI victims can focus on healing and recovering all applicable damages. Here are the top factors influencing brain injury compensation in personal injury cases:
• The Severity of the Injury
Traumatic brain damage occurs when there’s a sudden blow/hit to the head. In severe TBI cases, the victim may lose consciousness for six hours. Such injuries have significant mental and life impacts and can result in million-dollar compensations. Other injuries aren’t as severe but settle for hundreds of thousands of dollars because of the potential implications for future life.
Severe injuries may leave the victim with acute damages, including mental and physical disabilities. These cases will require the victim and their family to adapt to drastic changes and a new way of living. TBI settlements are primarily based on the severity of the plaintiff’s injury and prognosis. Very severe injuries will settle for higher than moderately severe injuries.
• Liability for the Accident
Traumatic brain injury compensations are filed against the at-fault party liable for the damages. The negligent party is evident in some accidents, but other cases involve assigning fault to both parties. Plaintiffs must compile a solid case to leave no question about the defendant’s liability for the traumatic brain injury.
If there’s enough evidence to support your innocence, the compensation should be higher. When the plaintiff is to blame, they’ll still get payment from their insurance company. The settlement will be lower, especially if the plaintiff is 100% at fault. Insurance companies may also refuse to pay if the plaintiff was pursuing criminal activity when the accident occurred.
• Plaintiff’s Characteristics
Plaintiffs have varying characteristics, including age, occupation, wages, lifestyle, medical history, family, and more. These characteristics can influence traumatic brain injury compensation. Younger brain injury plaintiffs may never work again or achieve former levels. They’ll likely receive higher settlement than older retired victims with no employment income.
Calculations for economic and non-economic damages also consider plaintiff income. Settlements will naturally be higher if you have a high-level job/position. It’s also easier for the jury to assess loss of consortium for younger victims than senior plaintiffs. Your personal injury lawyer will examine all characteristics to qualify the settlement you claim.
• Statutes and Precedents
Insurance companies must abide by legal statutes requiring them to compensate all valid claims directed by the jury. Your lawyer will review all statures to build a strong case for your claim. Courts also consider past settlements for similar cases. If someone else received compensation for TBI in the same state, you have a better chance of a successful claim.
Your attorney will still need to prove your innocence and secure evidence and witnesses to qualify your claim. Precedents can guide the court and influence compensation for specific damages. Traumatic brain injury victims need excellent counsel with expensive subscriptions to access such data and maximize the settlement.
Minor, Moderate, and Severe Traumatic Brain Injury Compensation
Plaintiffs claiming TBI compensation can recoup various damages, depending on their unique circumstances. The average settlement will depend on the type of brain injury: minor, moderate, or severe. Victims can recover from mild traumatic brain injury, such as a concussion. Such settlements fall under minor brain injury.
Moderate brain injury settlements involve injuries with lifelong consequences, such as mood disorders, cognitive issues, chronic pain, insomnia, and more. The payment is higher than minor injury compensation. Severe brain injuries usually involve lifelong disability or the inability to regain normal functioning. These settlements offer the highest amounts.
Personal Injury Lawyer for Traumatic Brain Injury Claims
There’s no insignificant brain injury. If you are the victim of a traumatic brain injury or filing on the plaintiff’s behalf, it’s vital to negotiate the deserved compensation. Working with an experienced and trustworthy personal injury lawyer can make the process less stressful.
Here at Ping an Attorney, we connect injured parties with licensed attorneys to help them recover damages when not at fault. You deserve to claim compensation for all losses and injuries during the challenging recovery journey.