Every year, more than 50 million people worldwide suffer from head injuries, and in many cases, the vast majority of people who have suffered a traumatic brain injury seek legal counsel. They are pursuing compensation because the injury was caused in part or entirely by someone else.
If another person inflicted on the harm you suffered by their recklessness, then your family can be compensated for the medical bill expenses and even pay loss.
Concussions, memory loss, behavioral issues, and cognitive decline are all common side effects of head trauma. If you believe someone else is to blame for your suffering, then there are a few things to consider when determining how much the case is worth. You may need some help deciding how much you’ll be compensated.
What are the Causes of Brain Injuries
Brain injuries are frequently caused by the following:
- Car accidents
- Physical Assaults
- Falling objects
- Substandard medical care
- Slippery surfaces
Collect Information About the Accident and Your Injuries
When establishing your case, a qualified attorney will ask you questions about your head injury. The lawyer will ask you questions about what happened and what you remember, where you were and what you were doing at the time, and the hospital treatment you received.
Don’t be frightened if you can’t remember any facts about the accident; it’s common for brain injury victims to have memory loss in the moments leading up to the damage. What matters is that you are completely open and honest with your attorney, allowing them to gather as much information as possible from you and other sources such as witnesses and accident reports.
Categories of Damages in Head Injury Cases
In the case of a traumatic brain injury, there are two types of compensation claims,
general & special damages.
These are non-economic or (subjective losses) losses, such as pain and suffering, that you’ve experienced as a result of your injuries that can’t be measured in dollars.
- Sadness and Suffering
- Mental Anguish
- Dissatisfaction With Life
- The Loss of Companionship
- Emotional Pain
These are tangible losses that you’ve incurred as a result of your injuries, and they include the following:
- Wage loss
- Cost of medical care
- Funeral and burial bills
- Costs on repair or replacement of property that’s been damaged
Factors Influencing the Settlement Value
The following elements can help you figure out how much your head injury settlement is worth:
Characteristics of the Plaintiff
The defendant’s age, profession, personality, and prior medical history can influence the settlement value.
Where the Case Will Be Tried
It’s vital to know where the case stands before starting the procedure. In highly populated areas, damage payouts are smaller and slightly greater in urban areas. Insurance adjusters are always thinking about what could happen if the case gets to trial.
When the cause of the injury is evident, the settlement price will be greater; nevertheless, if the blame is disputed, the defendant may have difficulty negotiating a better settlement price.
The plaintiff should try to minimize his or her losses whenever possible. If you opt not to seek treatment after an accident, your injuries become more difficult to treat. As a result, the insurance company may reduce the amount of your payout to reflect your failure to seek medical help promptly.
Establishing Legal responsibility
A knowledgeable brain injury legal advisor can look into the present facts of the case to see if the injury was caused by clinical negligence, birth injury, a minor accident, a truck accident, an incident on someone else’s property, or some other type of negligence. The lawyer will be able to develop a case based on this analysis that proves the defendant’s liability through a detailed presentation of the facts.
Factors That Affect Negligence
When the defendant purposefully injures the victim, such as in an attack, this is known as intentional misbehavior. In such cases, the plaintiff needs to establish that the defendant intended to harm them.
Negligence in a Comparative Perspective
When the victim’s activities may have contributed to or exacerbated the harm, comparative negligence may apply, and the sufferer may be considered partially accountable for his or her injuries.
Strict Liability Policy
When it comes to product liability issues, strict liability is frequently employed. In most cases to be considered for compensation, a plaintiff must show that the product caused the injury.
Seek Legal Advice from a Professional
Suppose you or a family member believes someone is to blame for your brain or head injury and want to file a lawsuit. In that case, the first step is to speak with a knowledgeable personal injury lawyer who specializes in brain injury cases. It’s vital to contact a competent and experienced attorney because brain injury cases entail complex legal and medical factors.