The value of a head injury claim depends on several factors, including the severity of the injury, medical expenses, lost earnings, and the impact on your daily life. How much is a head injury claim worth? Compensation can range from thousands to millions of dollars, especially in cases involving long-term disabilities or traumatic brain injuries. Courts and insurance companies consider factors like pain and suffering, future medical costs, and lost earning capacity when determining settlement amounts.
If you or a loved one has suffered a head injury due to someone else’s negligence, do not wait—consult a personal injury attorney to understand your rights and maximize your compensation.
How Common Are Head Injuries?
A head injury is a common outcome in accidents across the country. According to the Centers for Disease Control and Prevention, in 2021, there were nearly 70,000 traumatic brain injury-related deaths in the United States. This number equates to about 200 TBI deaths every day.
Head injuries are serious and can have a permanent impact on the life of the victim. If you or a loved one is living with a head injury that was caused because of another person’s negligence, you might be entitled to recover compensation.
Personal injury lawyers know how to estimate the final value of your case and will work hard to ensure that you recover what you deserve after an accident. Do not hesitate to contact an attorney to discuss your injuries and your ability to recover financially after a head injury.
What Factors Affect The Value of My Head Injury Case?
An attorney can help you understand the estimated value of your head injury case. The value of a head injury case depends on several key factors, including:
Severity of the Injury
Generally, the more extensive the injury you have suffered, the more compensation you might be entitled to receive. The severity of the injury refers not only to the cost of treatment but also to its impact on your daily life. Be sure to discuss all of these details with your lawyer to ensure that you do not leave money on the table after a head injury.
Medical Expenses
Compensable medical expenses include past, current, and future medical bills related to the injury, such as hospital stays, surgeries, medications, rehabilitation, and therapy.
Lost Earnings and Earning Capacity
If your injury keeps you from returning to work, you might be entitled to receive compensation for your lost income. You may be entitled to compensation for lost earnings and potential compensation. You might also be entitled to recover for your lost earning capacity, which includes the lost ability to work in the same industry or at the same rate as you did before the accident.
Pain and Suffering
Pain and suffering is an example of a non-economic accident-related loss. This can include damages like physical pain, emotional distress, and reduced quality of life since each of these plays a significant role in compensation valuation.
Long-Term Impact and Disabilities
If the injury leads to permanent disability, cognitive impairments, or ongoing medical care, the settlement or verdict can be higher. Discuss the impact that the accident has had on your life and how a head injury has disabled you openly and honestly with an attorney. Open communication about how your life has changed can bring you closer to full and fair compensation after a head injury accident.
Liability and Fault
Determining liability and fault after an accident is essential to receiving the compensation you deserve. The strength of your case and whether the other party was clearly at fault can impact the settlement amount you are owed. Insurance companies and defense attorneys might try to shift blame on you to avoid making any payments. Therefore, it is vital that you have a legal team investigating the accident on your behalf to avoid losing any compensation to which you might be entitled.
Evidence and Expert Testimony
Strong evidence, like medical records, proof of lost earnings, expert opinions, and witness statements, can strengthen your case. Attorneys can have better access to some types of evidence, such as neurologists, economists, and accident reconstructionists. Working with a lawyer can help build your case because they can help access these important and helpful types of evidence.
Impact on Daily Life and Relationships
Some accident victims might downplay the impact that a head injury might have on their daily lives and relationships. An attorney can help you realize how much the accident impacted your life and help you get compensation for these effects. If the injury affects your ability to perform daily activities, care for yourself, or maintain personal relationships, it may increase the value of your case.
Settlement vs. Trial
Many cases settle out of court, but if a trial is necessary, the final amount can be influenced by jury perception, legal arguments, and the willingness of the opposing party to negotiate. An attorney will stand up for you in court and present the facts of your case in a persuasive manner that will help you get the outcome that you desire and deserve from a head injury lawsuit. Having a personal injury lawyer is an invaluable resource after suffering from a serious injury, including a head injury.
There is no way to guarantee the final value of your head injury claim, so you need to speak to a lawyer to understand what you can expect regarding compensation. Do not hesitate to contact an attorney to learn more about what monetary compensation you should expect after suffering a head injury.
What Compensation Is Available After a Head Injury?
Every case will bring with it its own set of circumstances and losses. Therefore, the compensation available after an accident depends on the facts of the case. Here are some general categories of compensable damages that can be collected after suffering a head injury.
Economic Damages
Economic damages are tangible monetary losses that an accident victim might suffer. Economic damages are usually easily identifiable, but you should still discuss your losses and their extent with an experienced attorney. Accident victims might downplay the extent of the harm that they suffered unless they get a professional to review their case.
Non-Economic Damages
Non-economic damages include the intangible losses that happen after a head injury accident. Examples of non-economic damages can include pain and suffering, loss of enjoyment of life, reduced quality of life, etc. These losses are difficult to prove. This is why individuals who might suspect that they have suffered non-economic losses should speak to an attorney to evaluate the facts of their case.
Punitive Damages
In rare cases, punitive damages might be available in a head injury case. Punitive damages are not meant to compensate the victim, however. When courts award punitive damages, it is to punish the defendant and deter similar actions in the future. Discuss the availability of punitive damages in your case with an experienced head injury attorney.
Common Issues With Insurance Companies
Dealing with insurance companies after a head injury can be frustrating and complex. Insurers often try to minimize or deny claims to protect their bottom line. Here are some common challenges you might face:
Misinterpreting Policy Terms
Insurance companies commonly misrepresent coverage details to avoid paying the full amount you are entitled to receive under the policy.
Blaming You for the Injury
An insurance adjuster might blame you for causing the accident and your injury. Insurance companies might shift the blame for the accident to you to either reduce or deny paying you compensation.
Disputes Over Medical Treatment
Insurance companies may challenge the necessity of certain treatments, refuse to cover rehabilitation costs, or demand excessive documentation to stall payments. Having an attorney will help fight back against an insurance company that is trying to deny you coverage not in good faith.
Delayed Payments
Some insurers delay claim processing in hopes that you will accept a lower settlement offer out of financial desperation. It is a mistake to accept a settlement offer before speaking with an attorney about the implications of acceptance.
Claim Denial
Insurance companies may reject your claim by arguing that the injury was pre-existing, not severe enough, or not covered under the policy. Denying claims is one way that insurance companies tend to use to ensure that their bottom lines are protected, even if your claim is legitimate.
Low Settlement Offers
Even if your claim is accepted, insurers may offer a lowball settlement that does not fully cover medical expenses, lost earnings, or long-term care needs. A settlement offer should encompass compensation for all that you have lost as a result of the accident.
To protect yourself, make sure that you document everything after an accident, including medical records, accident reports, and communication with insurers. Avoid giving insurance companies recorded statements before getting legal advice. Make sure to consult a personal injury attorney to negotiate a fair settlement and fight back against unfair claim denials.
If you are struggling with an insurance company after a head injury, do not settle for less than you deserve. Contact an experienced attorney today to ensure you get the compensation you need.
How Can An Attorney Help Me After a Head Injury?
Suffering a head injury can change your life entirely. Dealing with medical bills, lost earnings, and insurance companies can add unnecessary stress while you are healing. A personal injury attorney can help provide the legal support you need to secure fair compensation and protect your rights. Here is how a head injury attorney can help you after getting hurt:
Evaluate Your Case
Having a legal professional evaluate your claim can give you an idea about what you are entitled to after suffering a head injury. An attorney will assess the details of your injury, determine liability, and estimate the potential value of your claim.
Gather Strong Evidence
You will need strong evidence of your injuries and the cause of the accident to collect full and fair compensation. An attorney and their team will collect medical records, accident reports, expert testimonies, and witness statements to help build the strongest case for you.
Negotiate With Insurance Companies
An attorney will handle negotiations for you after a head injury accident. Insurers often try to minimize payouts, but an attorney will negotiate aggressively to ensure you receive a fair settlement that covers medical expenses, lost earnings, and long-term care.
Prove Liability
Proving liability is the most important part of your case. If another party is responsible for your injury, your lawyer will gather evidence to prove negligence and hold them accountable. By investigating on your behalf, your attorney will protect you from biased findings from an insurance company investigation into the cause of the accident.
Handle Legal Complexities
Personal injury cases involve deadlines, legal filings, and complex negotiations- your attorney ensures everything is handled correctly and on time. Failure to meet certain deadlines can mean you lose your ability to file a lawsuit entirely, for example, the statute of limitations.
Maximize Your Compensation
Having an attorney working for you is the easiest way to maximize your compensation after a head injury accident. A lawyer will help you pursue compensation for medical bills, pain and suffering, lost earnings and earning potential, and future rehabilitation costs.
What Can I Do Now?
If you or a loved one has suffered a head injury due to someone else’s negligence, you are not alone. Contact an experienced personal injury attorney today for a free consultation and fight for your deserved compensation.
Contact a Head Injury Attorney Today!
A head injury can have life-altering consequences, affecting your health, finances, and overall well-being. Seeking fair compensation is essential to covering medical expenses, lost income, and the pain and suffering you have endured. Navigating the legal process can be challenging, but with the right legal support, you can secure the settlement you deserve.
An attorney will be your best ally during this battle. Contact an experienced personal injury attorney today for a free consultation and take the first step toward securing the compensation you need to move forward.