If you or somebody you care about has sustained a brain injury caused by the negligent actions of another individual or entity, you may be able to recover compensation for medical bills, lost income, pain and suffering, and other losses. However, it can be confusing to understand how much compensation a brain injury claim is worth, as there are several factors that can influence claim amounts. We encourage you to contact a skilled brain injury attorney who can help you through this entire process.
There are several factors that can influence how much a brain injury settlement will be valued, and the five factors we discuss here are not the only ones. Your attorney can help you understand other factors that could affect your particular case.
The initial severity of a brain injury claim will play a major role in the total settlement paid out if a claim is successful. One of the major aspects of settlements or jury verdicts includes the necessary medical treatment for the victim. Brain injuries often mean that a person needs not only emergency medical care but significant and rapid medical intervention, including admission to a hospital.
The length of the recovery time for a brain injury victim will also matter when it comes to the final settlement. As most people understand, medical care is not cheap. For those who sustain moderate to severe traumatic brain injuries, the hospitalization may last for quite some time. Additionally, individuals may need an extended period of rehabilitation and physical therapy either in an outpatient facility or possibly even in an inpatient center.
Individuals who sustain severe traumatic brain injuries may have long-lasting disabilities to contend with. This can include cognitive disabilities, physical disabilities, or both. If a person does have a long-lasting disability due to a brain injury, they may need permanent medical or in-home assistance.
Insurance carriers are regularly involved in the aftermath of brain injury cases. For example, if the brain injury was caused by a vehicle accident, then the at-fault driver’s insurance carrier may be on the line for paying out compensation. Other types of incidents may also include insurance carriers, including brain injuries arising due to the negligence of property owners. Brain injury victims may be limited on how much compensation they can recover based on the limitations in place in the insurance policy.
Individuals may receive less compensation if they were partially responsible for causing their own injury. In the state of California, these situations are determined by using a “pure comparative negligence” system. In California, individuals can recover compensation even if they are up to 99% responsible for their own injury, but they will receive reduced compensation depending on their percentage of fault. If a brain injury victim was partially responsible for causing the injury, then the total amount of compensation they receive may be adjusted downward.