How Much Compensation Do You Get for a Brain Injury? | Fuicelli & Lee
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How Much Compensation Do You Get for a Brain Injury?

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December 1, 2023 Personal Injury

Head injuries can range in severity from concussions to permanent comas. When individuals suffer a head injury in an accident that results from someone else’s negligence, they may file a personal injury claim seeking a monetary recovery.

Since all head injuries and personal injury claims differ, the total monetary compensation an individual may recover will depend significantly on the accident.

The compensation recovered will depend on the extent of the accident victim’s medical complications – and whether or not they suffered a permanent impairment in their accident.

If you or a person you love suffered a head injury in a recent accident that a negligent individual or entity caused, consult an experienced brain injury attorney about your legal options.

Your lawyer can first investigate your accident circumstances and review your medical records. They may then file a personal injury claim on your behalf with the at-fault party’s insurance company.

Finally, your lawyer can handle all settlement negotiations on your behalf or litigate your case to a resolution in the court system if the insurance company refuses to compensate you fairly for your head injury.

Unlike the insurance companies, which are never on your side, your personal injury lawyer will advocate for you throughout the case. They can also provide you with the information necessary to make important decisions, including whether to accept or reject a particular settlement offer from the insurance company.

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What Are Some Common Traumatic Head and Brain Injuries?

How Much Compensation Do You Get for a Brain Injury?

The specific type of head or brain injury that an accident victim sustains will typically depend on the circumstances of the accident.

First, if a strong or sharp object strikes and penetrates the accident victim’s skull or brain, they may suffer severe injuries, including a laceration to the outside of their head, and significant brain damage.

One common brain injury is a concussion. An individual who suffers a concussion injury may feel both short-term and long-term symptoms. Some common short-term symptoms include nausea, short-term memory loss, dizziness, and severe headaches.

Long-term concussion symptoms include post-concussive migraine syndrome, long-term memory loss, and permanent cognitive impairments.

In addition to concussions, a person may fall into a coma because of a car accident, slip and fall, motorcycle crash, or bicycle accident. Normally, when a person is in a coma, they cannot respond to the external world. If they fall into a permanent vegetative state, they will rely upon life support to remain alive.

If you or a person you love suffered one of these head injuries in a recent accident, you need to speak with an experienced personal injury lawyer as quickly as possible. Your attorney can review all of your legal options with you and may file a claim on your behalf with the appropriate insurance company for the at-fault party.

Accidents that Can Lead to a Traumatic Head or Brain Injury

Many different types of accidents may lead to a traumatic brain injury, or TBI:

If you sustained a head injury in one of these types of occurrences that resulted from another person or entity’s recklessness or negligence, consult a personal injury lawyer as quickly as possible about your legal options.

Your attorney can recommend the best method for moving forward in your case and will do everything possible to maximize the monetary recovery you receive for your head injury.

Filing a Timely Personal Injury Claim in a Brain Injury Case

If you or a person you care about suffered a traumatic head or brain injury in a recent accident, your attorney can file a claim – usually with the at-fault party’s insurance company.

To prepare your claim for filing, your attorney will gather various documents pertinent to your case that may later serve as evidence if your case ultimately goes to trial.

Relevant documents may include copies of incident reports, police diagrams, medical bills, medical records, injury photographs, property damage photographs, witness statements, and lost income documentation (if you missed time from work after your accident due to your head injury).

Your lawyer will assemble all of these documents into a settlement demand package, along with a demand letter seeking monetary compensation.

One of the most important reasons for having a skilled personal injury attorney on board in your case is that your attorney can handle all dealings with insurance company representatives.

Specifically, your lawyer can negotiate for higher settlement compensation on your behalf and, if necessary, sue if they refuse to increase their settlement offer.

Insurance companies have a strong incentive to offer you as little monetary compensation as possible in your case. In fact, the adjuster may try to downplay the severity of your head injury.

Your attorney, on the other hand, can point to favorable medical records and expert reports in support of your case.

If litigation becomes necessary in your head injury case, your attorney can file a lawsuit in the court and handle every aspect of the litigation process for you.

Legally Proving Your Brain Injury

Brain Injury after an accident

To recover monetary compensation in a personal injury case that involves a head or brain injury, you will need to satisfy several legal elements.

First, you must establish that the at-fault individual owed you a legal duty of care. For example, if you suffered your head injury in a car or truck accident, the other motorist owed you a duty of reasonable care to drive safely under the circumstances – and following all traffic laws.

Next, you must establish that the other individual or entity violated their legal duty of care. For example, in a traffic accident, the other driver might have been speeding, drinking and driving, or operating their vehicle while distracted.

Additionally, you must demonstrate that the accident directly resulted from the other party’s duty-of-care violation.

Finally, you must establish, through medical testimony, that your head or brain injury directly resulted from the occurrence.

A medical provider can physically examine you and state on the record, and to a reasonable degree of medical probability, that your head or brain injury directly resulted from the subject occurrence.

They can also establish that you suffered a permanent brain injury in your accident, that you will require ongoing medical treatment, or that you may experience pain and suffering (along with permanent cognitive impairments) for the rest of your life.

Your personal injury lawyer can retain the experts necessary to ensure your case satisfies the legal burden of proof, enabling you to pursue and recover the full monetary compensation you deserve for your accident-related head injuries.

Successfully Litigating a TBI Case in Court

If the at-fault party’s insurance company disputes liability for your accident or refuses to offer you fair settlement compensation, your attorney can file a lawsuit and litigate your case in the court system. You need experienced legal counsel on your side at every stage of the convoluted, complex proceedings.

First, your lawyer can answer written discovery questions, Interrogatories, on your behalf. These questions typically pertain to how the accident happened, the specific head injury or injuries you suffered, and the effects of the accident on your life and well-being.

Additionally, if the defense attorney requests a deposition, your lawyer can prepare you for the questions the defense lawyer will likely ask. Similarly, your attorney can represent you at all in-court legal proceedings, including pre-trial or settlement conferences and civil jury trials.

At a civil jury trial, the parties allow a jury to decide the case outcome, including the amount of monetary compensation to award the accident victim. However, instead of taking your case to trial, your lawyer can pursue alternative dispute resolution (ADR), such as binding arbitration or mediation.

These ADR options may allow you to obtain monetary compensation without the need for a civil jury trial.

Recoverable Monetary Damages in a Head or Brain Injury Case

Victims of serious accidents who suffer head and brain injuries may experience ongoing complications, sometimes for the rest of their lives. They may suffer from permanent cognitive impairments, long-term memory losses, or debilitating migraines.

The total amount of monetary compensation that an accident victim can recover for their head injury will depend on the severity of their injury, the specific nature and extent of their medical treatment, the cost of their medical treatment, the level of permanency they sustained, and the effects of the head injury on their life.

First, victims of head injuries may receive compensation for economic damages, covering their lost income, loss of earning capacity, and medical expenses related to their traumatic head injury.

Additionally, they can recover compensation for various intangible losses, including monetary damages for their inconvenience, mental distress, and physical pain and suffering related to their head injury.

Additionally, they can pursue monetary recovery for lost quality of life or loss of the ability to use a body part stemming from their injury.

If you or someone you love suffered serious complications from a recent head injury, you must consult skilled legal counsel in your area as quickly as possible.

Never try to negotiate with an insurance company by yourself. Remember, insurance companies are not on your side and have a lot of experience finding any reason to deny claims.

A good personal injury attorney can thoroughly investigate your accident circumstances and clearly explain your legal options. Your attorney can then set you on course to recover the favorable monetary damages you need for your accident-related losses.

Once you hire the right injury attorney, you have leverage against the insurance company. They realize that with a lawyer, litigation is a more realistic possibility, so they might make a favorable offer sooner.

Contact a Brain Injury Lawyer in Your Area Today

If you or someone you care about suffered a head injury in a recent accident that someone else caused, time is of the essence. Motor vehicle accident victims must ordinarily file a personal injury lawsuit within three years of their accident date. Otherwise, absent a few limited circumstances, the courts will prevent them from recovering any monetary damages for their injuries.

Keith Fuicelli, Attorney for Brain Injury

Keith Fuicelli, Brain Injury Lawyer

Therefore, if you or someone you love recently suffered a head injury in an accident, it’s crucial to seek the legal guidance of a skilled personal injury lawyer as soon as possible.

Once an attorney enters an appearance in your case, they can start advocating in your best interests right away. Specifically, your lawyer may retain an expert, such as a treating neurologist, who can testify in your head injury case or supply the necessary medical report.

Your attorney may then file a personal injury claim and negotiate for the fair settlement compensation you deserve.

Finally, if the insurance company refuses to take your case seriously, your lawyer can explore various litigation options and bring your case to an efficient and favorable resolution.