How Are TBI Settlements Calculated?

Getting into an accident is one of the scariest things many of us can imagine. We do not want to think about the potential consequences of an accident. Suffering from a traumatic brain injury is a foreseeable consequence of getting into an accident that can leave the victim with permanent and life-altering injuries.

If you suffered a traumatic brain injury, you need a legal team on your side to ensure that you get the compensation that you deserve. If an accident injured you, contact a traumatic brain injury attorneys in your area to discuss your legal options. To learn more about how we calculate traumatic brain injury settlements, continue reading.

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What Is a Traumatic Brain Injury?

A traumatic brain injury is a head injury caused by a blunt outside force to the head or body. Symptoms of a traumatic brain injury can include the inability to concentrate on even small tasks, confusion, and blurry vision. A traumatic brain injury requires a medical diagnosis. You may need emergency medical care if you suspect that you have suffered a traumatic brain injury.

How Common are Traumatic Brain Injuries?

Traumatic brain injuries are common. In recent years, the Center for Disease Control and Prevention (CDC) reported that 2.87 million people suffered from traumatic brain injuries. The effects of traumatic brain injuries include an estimated 13.5 million people with long-term and permanent disabilities, 300,000 hospitalizations across the country, and death. Thirty-four percent of people who suffered from traumatic brain injuries succumbed to them.

How Are Traumatic Brain Injuries Treated?

The type of traumatic brain injury determines the treatment the patient receives.

Doctors usually use surgical treatments to treat emergency conditions related to head injury and diagnose brain injuries . Doctors employ surgery to remove hematomas (blood clots) from the brain and save the injured person’s life. Another surgical treatment for head injuries is repairing the skull. A surgeon may decide to place a stent inside the skull, or drill a hole in the skull, to relieve pressure and allow the patient to heal from their injury.

Often surgery is not used as an immediate treatment because traumatic brain injuries tend to develop in the hours and days after the injury. A patient may stay in the intensive care unit (ICU) so that the medical staff can monitor the progress of their condition.

Medical professionals use non-surgical treatment to treat traumatic brain injuries in non-emergency conditions. Non-emergency treatment of a traumatic brain injury includes medication.

The types of medication that a doctor may prescribe to a traumatic brain injury patient include:

  • Stimulants or Steroids
  • Antidepressants, Anti-anxiety, or other mental health medications
  • Anticoagulants or blood thinners
  • Diuretics
  • Muscle relaxers

You can receive compensation for your medical bills. You can also receive compensation for the mental and emotional trauma and pain and suffering of having to undergo these kinds of treatment. To learn more about what compensation you are entitled to after a traumatic brain injury, keep reading.

How are Damages from Traumatic Brain Injuries Calculated?Brain Injury

You must know how much your case is worth. To get the value of your case, you need to know how lawyers calculate your damages. Economic damages and non-economic damages are calculated separately in traumatic brain injury cases and compiled to get the total value of your case.

A brain injury lawyer can help you build your case and help you understand how much your case is worth. Continue reading to learn more about how we calculate the value of a traumatic brain injury settlement.

Economic Damages:

Economic damages are tangible damages suffered by the victim in an accident. Economic damages are compensable, and injury plaintiffs are entitled to compensation for the economic losses the accident caused.

Examples of economic damages include:

  • Medical bills
  • The cost of future medical care
  • Loss of income
  • Loss of earning capacity

The above list is not exhaustive. To calculate the value of economic damages, accident victims must keep proof of their medical bills and their lost income. In some states, lawyers will apply a multiplier. To get the final number of the settlement value, multiply the total amount of the medical bills you incurred and the amount of income you lost by three. That number estimates the money available to you, depending on the state.

You need an attorney to help you recover the more dubious losses, including future lost income and future medical bills. An experienced traumatic brain injury lawyer may have relationships with medical providers that can help prove your case. If you were in an accident, call a traumatic brain injury attorney in your area.

Non-Economic Damages:

Non-economic damages are intangible losses suffered by the injured party because of the accident. Examples of non-economic damages include emotional and mental distress and pain and suffering. Since non-economic damages are vague, a traumatic brain injury attorney’s assistance can be beneficial in helping prove that the harm is real.

The amount of money awarded to an injury victim for non-economic damages may be at the discretion of the judge or jury because of the speculative nature of the damages. An experienced accident attorney can help you be in the best position for maximum recovery for non-economic damages.

Punitive Damages:

The state where you suffered an injury may allow for a higher settlement because of punitive damages. Punitive damages are available on a case-by-case basis. Courts award punitive damages to accident plaintiffs to deter outrageously dangerous behavior. Different states may cap or prohibit punitive damages.

Total Settlement Calculated

To estimate the total settlement value for your traumatic brain injury, add the amount of your economic, non-economic, and punitive damages. This amount is not guaranteed. Many factors can change the overall value of your traumatic brain injury settlement.

What Factors Can Increase My Traumatic Brain Injury Settlement Amount?

Like all other claims, various factors can increase a person’s traumatic brain injury settlement amount. The biggest influence on settlement value is the severity of the injuries, the individual characteristics of the accident victim, and the party or parties that are liable for the victim’s injury.

The more severe the traumatic brain injury, the higher the settlement value. The most severe brain injuries can cause permanent disabilities and require lifelong treatments.

What Factors Can Decrease My Traumatic Brain Injury Settlement Amount?

While many factors may increase the value of your traumatic brain injury settlement, others can decrease it. You need an experienced traumatic brain injury lawyer to protect you from insurance companies and defense lawyers that may argue that your claim is worth less than it is.

Factors include:

  • Your occupation. The type of work that you do is an important detail when valuing your case. If you can return to work after the injury, the value of your case may decrease.
  • Your age. If you are at retirement age, your claim’s value may be less than it would be if you were younger. Courts will consider how long you must live with your injury in most final judgments.
  • Any prior medical conditions. Injuries before the accident can lead to a decreased settlement value. You will need an experienced traumatic brain injury lawyer to show this accident, not a prior event, injured you.
  • The state where you file the traumatic brain injury claim may determine your settlement value. Speak to a qualified traumatic brain injury attorney in your area to ensure that you protect your legal rights after a traumatic brain injury.

How Can an Attorney Help Me?

An experienced traumatic brain injury lawyer can help you receive the maximum compensation you deserve after an accident.

An experienced traumatic brain injury lawyer can help you:

  • Build your case. A traumatic brain injury lawyer can help you prepare to tell your story to an insurance company, judge, or jury. An attorney will also investigate your claim and learn more about the at-fault parties involved to ensure that every potentially responsible person or business is involved in your accident case.
  • Access healthcare. Some doctors try to avoid patients with pending lawsuits and will deny care. A traumatic brain injury lawyer may have relationships with doctors in the area who will treat a patient with an open personal injury claim.
  • Negotiate with the insurance company and defense attorneys for you. Unrepresented accident victims may become targets for insurance company tactics. Insurance companies are for-profit businesses, and they want to protect the bottom line. If you have an attorney on your side, you set yourself up for the best chance of success.
  • Take care of all the legal necessities so that you can focus on healing from the accident. They must follow state and local rules, or a court can dismiss your claim. Your lawyer can ensure that they follow these rules and protect your legal rights.

If you suffered a traumatic brain injury in an accident, call a lawyer in your area. You do not have to go it alone. Call an accident attorney today.

What if I Cannot Afford an Attorney?

Do not worry. Most brain injury lawyers work on a contingency fee basis. A contingency fee payment structure is an agreement between a client and an attorney to defer payment for legal services until a settlement is final.

The terms of contingency fee agreements must be in writing and signed by both the attorney and the client. Before signing the agreement, make sure that you understand all the terms. Examples of terms that a contingency agreement may contain include who fronts litigation costs and how much of the settlement proceeds the attorney will take as their fee.

Litigation costs occur during court proceedings. Examples of litigation costs include filing fees, fees for copies and postage, and expert witness fees for testimony. Sometimes an attorney’s firm will front litigation costs with the express agreement that the client will repay the office after the case resolves.

A client may choose to pay for the expenses as they come. The contract for a contingency fee agreement must spell out who pays litigation costs and when.

The most important part of a contingency fee agreement is the percentage of the settlement that the attorney will take as payment for their legal fees. Ensure that the term of this arrangement is in writing and that both you and your attorney have clear expectations about payment.

Contact a Traumatic Brain Injury Lawyer Today

William Bowles
Bill Bowles, TBI Attorney

If you have suffered a traumatic brain injury, contact an experienced personal injury lawyer today. There is no reason to go it alone after a traumatic brain injury. Speak to an attorney about your legal rights after an accident. Hiring an accident attorney puts you in the best position for maximum recovery on an accident claim.

August 22, 2022

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