We make no secret of it: our Newport Beach brain injury attorneys at Callahan & Blaine have helped some of our clients who have suffered traumatic brain injuries to collect substantial sums of money, sometimes amounting to millions of dollars. But how do we do it?
Any major settlement or jury award has two foundational pillars underneath: a devastating injury, and a plaintiff’s attorney who has been meticulous in preparation for settlement negotiations and trial. A traumatic brain injury often serves to create the former, and a knowledgeable, experienced, thoroughly prepared and tenacious attorney provides the latter.
Consider the nature of many traumatic brain injuries: they can have both short and long-term consequences that can make it difficult or impossible to gain or keep employment while at the same time requiring highly specialized medical treatment that can last as long as the victim lives. This can, and often does create a financial situation of diminished income coupled with medical bills that are staggering. And that is only the beginning. Serious brain injuries are frequently ruinous when it comes to quality of life: your ability to interact meaningfully with your loved ones, or to participate in even basic relationship activities can be severely curtailed.
What this means is that when direct, indirect and where applicable even exemplary damages are tallied, a traumatic brain injury settlement or award really can amount to millions of dollars – and not be a “windfall”, but just compensation.
But to prevail in TBI-related negotiations with an insurer or in litigation, not just any personal injury attorney will suffice. Put simply, brain injury cases are not like dog bite cases. The effort and time to adequately prepare for a complex case like one involving a brain injury requires an attorney, backed by a law firm, that knows exactly what needs to be done to build the most solid case on your behalf. That is what we do for our clients. And it is what we can do for you, too.
Frequently Asked Questions About Brain Injury Settlement Value
What factors determine the value of a brain injury settlement?
Value is driven by the extent of the injury, current and future medical costs, lost income and earning capacity, ongoing care needs, and the impact on the person’s overall quality of life.
Why do brain injury cases often require specialized attorneys?
Brain injury cases involve complex medical evidence and long-term care projections that differ significantly from more straightforward injury claims, so they require an attorney and firm experienced in building that kind of detailed case.
What kinds of damages can be recovered in a brain injury case?
Damages can include direct costs like medical bills and lost wages, indirect losses affecting quality of life and relationships, and, where applicable, exemplary damages, all of which are considered when tallying a potential settlement or award.
Does every brain injury case result in a large settlement?
No. The value of any case depends entirely on its specific facts, including the severity of the injury and the strength of the evidence, so outcomes vary considerably from case to case.
What should I do if I or a loved one suffered a brain injury from someone else’s negligence?
Seek medical evaluation right away, document the circumstances of the injury, and contact an attorney early so evidence relevant to a potential claim can be preserved.
This post is only an introduction to how we work with clients who have suffered brain injuries. See our webpage on the subject for more details, and to find out how to contact us.
