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How Much Is a Head Injury Claim Worth?

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February 25, 2024 Personal Injury

If you or a loved one have suffered a brain injury caused by another, you may be entitled to file a claim for compensation. It’s common to question how much your head injury claim may be worth and how you can go about pursuing financial recovery.

A qualified brain injury lawyer in Longmont can handle your case and work diligently to obtain favorable compensation. Therefore, consulting with a lawyer as quickly as possible is important for guidance and representation.

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Understanding Head Injuries

How Much Is a Head Injury Claim Worth

Head injuries can be some of the most severe types of injuries. These injuries are often life-threatening, require extensive medical treatment, and have the potential to develop devastating, long-term complications. In the worst cases, victims succumb to their head injuries.

Before learning more about head injury claims, it’s helpful to understand a bit about head injuries and how these details impact compensation claims.

According to Statistics, Head Injuries Happen Frequently

“Head injury” is a broad term encompassing several areas in the region, including the scalp, skull, brain, and everything in between. Depending on the specific type of injury, head injuries are also commonly referred to as brain injuries.

Head and brain injuries happen much more often than it may seem. On average, every year, about one million Americans visit emergency rooms for brain injuries. 200,000 or more patients are hospitalized as a result of brain injuries and survive, and about 50,000 patients die due to their injuries. In a recent year, the numbers indicated there were about 586 traumatic brain injury-related hospitalizations and 190 TBI deaths every single day.

Even so, to have a valid brain injury claim, the injury must arise from a party’s negligent or intentional actions. Therefore, it’s important to have a skilled attorney review the specifics of your case and determine whether there is a claim. If so, your lawyer can provide direction for your case and create a legal plan of action to seek compensation.

Some of the Most Common Kinds of Head Injuries

Head injuries can affect the outer part of the head all the way deep into the brain. The following are just some of the injuries accident victims are prone to suffer:

  • Skull fractures: The skull is the large, protective bone that covers the brain. A skull fracture is a break in this bone. Four common skull fractures include linear skull fractures, depressed skull fractures, basilar skull fractures, and diastatic skull fractures.
  • Concussions: Concussions often result from a sudden and violent jolt to the head. When this happens, the brain moves within its protective shell, causing it to hit the side of the skull and suffer injury.
  • Intracranial hematoma: An intracranial hematoma is a pooling of blood within the skull, caused by burst blood vessels. There are several types of intracranial hematomas depending on the area of trauma, including epidural hematomas and subdural hematomas.
  • Diffuse-Axonal Injury (DAI): A diffuse-axonal injury results when the brain shifts within the skull, causing axons in the brain to shear. The injury affects the brain’s function.

The most common kinds of brain injuries are closed injuries, meaning the injury is internal. However, brain injuries can also be penetrating, meaning something has gone through the skull into the brain, like a bullet.

Long-Term Effects of Head Injuries

Long-Term Effects of Head Injuries

Many head and brain injuries are challenging to deal with immediately after they’ve happened. Head injuries can result in severe symptoms, including losing consciousness. In addition to negative symptoms, head and brain injuries have the potential for long-lasting consequences.

Some of the long-term effects common to head injuries include:

  • Coma
  • Seizures
  • Visual changes
  • Paralysis
  • Cognitive issues
  • Problems with speech
  • Emotional changes
  • Infections
  • Vertigo

In the most serious cases, a head injury can result in a vegetative state or even brain death.

Medical treatment for brain injury victims can be particularly costly, especially for victims who suffer lasting effects of their injuries. This is one of the reasons why it’s critical to seek fair compensation after suffering a brain injury.

How Do Head Injuries Happen?

How Do Head Injuries Happen

Head injuries can happen in various ways. However, the most common causes of head and brain injuries include:

  • Falls, including slip and falls and falls from heights
  • Vehicular accidents, including car, truck, and motorcycle collisions
  • Intentional violence

When you discuss your case with an injury attorney, they will review the specifics of your head injury and how it happened. Based on the exact cause of the injury, your lawyer will determine who is financially liable to you.

Head Injury Claims: Pursuing Compensation

Generally, head injury claims fall under the area of law called personal injury. Personal injury law opens the door for injured victims to seek justice for the wrongs done to them by third parties and pursue compensation for their related losses. Therefore, your claim may involve filing a personal injury lawsuit.

The road to financial recovery looks different for everyone, as every case is unique. How you pursue compensation partially depends on the cause of your head injury.

If your head injury results from a collision, you may begin by filing an insurance claim. The type of claim you file, whether first-party or third-party, depends on your state’s laws. In a fault state, you will file your claim with the at-fault party’s insurance company, but in a no-fault state, you will file a claim with your own insurance company.

Seeking monetary recovery from the insurance company can be tricky and frustrating. Insurance companies are known to make it tough to acquire the compensation injured victims deserve, and they don’t shy away from denying claims altogether. If you cannot recover sufficient compensation through the insurance, you may need to proceed with filing a lawsuit.

Filing a personal injury lawsuit involves the courts in your case. This is more serious than an insurance claim, and the process is often more time-consuming and involved. However, you may have a greater chance of obtaining fair compensation through a lawsuit in many cases.

Personal injury cases are typically resolved in two ways: either through settlement or at trial. Many injury cases are settled through settlement negotiations, which eliminates the need to take the case before a judge and jury. Still, some cases do go to trial, allowing a judge or jury to make the final decision.

Regardless of the avenue you take to pursue financial recovery, when you have a knowledgeable lawyer on your side, you can feel confident they will represent your best interests from beginning to end. An attorney gives you the best opportunity to obtain a favorable case result.

Is There an “Average” Settlement Amount for Head Injuries?

Many head injury victims and their families want to know as much as possible before starting the claim process, including whether there is an average settlement for these types of cases. In reality, there is no average figure that head injury victims can expect to receive. This is because every case is different, and the recoverable amount varies from case to case.

The compensation you’re entitled to receive is entirely personal to your case. Calculating damages can be challenging, especially in more complicated cases, but it is necessary to understand how much your case is worth.

An experienced injury attorney can assign an accurate monetary value to your case. Therefore, it’s essential to seek legal assistance.

Factors that Influence How Much a Head Injury Claim is Worth

Factors that Influence How Much a Head Injury Claim is Worth

Based on the details of your accident and head injury, you can be entitled to receive damages to cover your related expenses and losses. Damages include monetary damages, such as medical expenses and lost income, and non-monetary damages, like pain, suffering, and permanent disability.

To determine the value of your case, your injury attorney must thoroughly review several factors. The following details can significantly help your lawyer figure out how much your case is worth.

The Details of Your Head Injury

First and foremost, your injury lawyer must review the specifics of your injury, including the type of injury you suffered and the severity of the injury. Also, many accident cases don’t just result in a singular type of injury, like a head injury. Therefore, your attorney will also consider any other types of injuries you sustained, such as broken bones, back injuries, and internal injuries.

How Your Injury Has and Will Affect Your Life

Head injuries can affect your life in the short term. You may need to take some time off to rest and recover. However, more serious injuries can affect your life in the future as well.

Based on the evidence, your lawyer will determine whether your injury is projected to have a negative impact on your life and lifestyle in the long term, and what the value of that might look like.

The Total Cost of Your Medical Expenses

Because head injuries can be so severe, medical treatment can be especially costly. This is particularly true if your injuries have lasting effects and you require treatment well into the future.

Sometimes, your lawyer needs to allow some time to get a better idea of what your treatment will cost. This is one of the primary reasons why a quick settlement offer by the insurance company is a red flag. At the outset of your claim, you won’t know the full extent of your expenses, which means accepting a settlement too fast can mean settling for too little.

How Your Injuries Have Affected and Will Affect Your Ability to Work and Make a Living

When you suffer from a brain injury, you’ll undoubtedly need to take some time off from work. This can add more stress to an already overwhelming situation because you may spend quite some time without earning a living.

Your injury lawyer can pursue compensation for lost income. In addition, your attorney can seek monetary recovery should your head injury negatively impact your ability to work in the long run.

Any Other Tangible or Intangible Losses Caused by Your Injury

Suffering a brain injury comes with a slew of both tangible and intangible losses. Your injury attorney can pursue financial recovery for both.

Your lawyer will consider other ways your injury has affected you, including the ways your accident and injuries have affected your mental and emotional health.

You can trust your attorney to thoroughly go over every detail of your case and determine all of the damages you qualify to receive.

What Happens if I Lost a Loved One Because of a Brain Injury?

Many head injury victims survive. However, in the most unfortunate cases, some victims’ injuries are just too great, and they don’t make it. If you’ve lost a loved one as a result of a brain injury, you, too, may have legal options.

Instead of filing a personal injury lawsuit, you may have the opportunity to file a wrongful death lawsuit. Wrongful death claims allow the surviving family members of deceased victims to recover monetarily for the losses caused by the untimely death, including funeral and burial costs, pain and suffering, and loss of care, support, and companionship.

It’s vital to speak with an attorney right away after the loss of your loved one. A lawyer can discuss your situation and determine the best way to proceed with your claim and pursuit of justice.

An Experienced Attorney Can Assist with Your Head Injury Claim

When you hire a personal injury attorney, you have the right ally to fight for you and protect your rights throughout your case.

A lawyer can take your case off your hands to promptly and properly handle every case-related task. Hiring an attorney gives you the greatest chance of reaching an advantageous case result.

Brain Injury Attorny, Keith Fuicelli

Keith Fuicelli, Head Injury Lawyer

If you or a loved one has suffered a head injury, do not hesitate to discuss your case with an injury attorney. Among many things, your attorney can determine how much your head injury claim is worth and fiercely pursue just compensation.

Consultations are free, and a trusted personal injury attorney near you can advise you of your legal options. Never wait to begin the legal process and protect your financial future.