How Much is a Head Injury Claim Worth?
How Much is a Head Injury Claim Worth?
When an accident victim strikes their head and suffers head or brain damage in an accident, they may experience severe medical complications and require ongoing medical treatment. Suppose you or someone you care about suffered a traumatic head or brain injury (TBI) due to someone else’s negligence. In that case, you may have the right to seek monetary compensation for your injuries, cognitive impairments, and emotional distress.
In addition to seeking prompt medical treatment after suffering a head injury, you need to speak with an experienced traumatic brain injury attorney in your area. Your lawyer can investigate your accident circumstances and retain a medical professional who can testify. Your attorney can then handle every step of the process, from gathering documentation, establishing the legal elements of your claim, and representing you during various litigation proceedings. Your lawyer will be by your side every step, aggressively advocating for your legal interests and working to maximize your monetary recovery.
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Common Accidents that May Lead to Head Injuries
Traumatic head injuries can result from a variety of accidents, with the severity often depending upon factors such as the force of the collision and protective measures like helmets. Some of the most common accidents that cause traumatic head injuries include:
- Slips, Trips, and Falls – Severe falls are a common cause of head injuries, especially among older adults and young children. Whether slipping on a wet surface, tripping over an obstacle, or falling down stairs, the accident victim’s head may strike the ground or another object with a significant amount of force, leading to a severe injury. These accidents sometimes occur when property owners fail to maintain their premises reasonably safe.
- Motor Vehicle Accidents – Car, motorcycle, bicycle, and pedestrian accidents are leading causes of head injuries. The sudden impact or collision can cause the accident victim’s head to strike a hard surface or experience rapid deceleration forces. These accidents frequently happen when other drivers are careless under the circumstances.
- Physical assaults – Assaults by others, including punches, kicks, or blows to the head, are significant contributors to traumatic head injuries. These intentional acts can also result in severe brain trauma.
- Workplace occurrences – Head injuries may result from falls, falling objects, or equipment-related accidents in industries involving construction, manufacturing, or heavy machinery operations.
- Recreational Accidents – Recreational activities such as skiing, snowboarding, and biking pose risks of head injuries. In some cases, these head injuries also result from product defects and malfunctions.
- Sports-Related Injuries – High-impact sports, like football, soccer, and hockey, frequently carry a high risk of head injuries. Collisions with other players, falls, or impacts with sports equipment can cause traumatic brain injuries (TBIs). Sometimes, these accidents and injuries result from negligent coaching or supervision.
- Pedestrian Accidents – Pedestrians struck by vehicles can suffer traumatic head injuries due to the force of impact. The severity often depends on the involved vehicle’s speed and whether the pedestrian wears protective headgear. In many cases, pedestrian accidents result from negligent, distracted, or intoxicated driving.
- Workplace Falls – Falls from heights, such as ladders or scaffolding, can lead to traumatic head injuries in construction or industrial settings.
- Recreational Vehicle Accidents – Accidents involving ATVs, motorcycles, or other recreational vehicles can result in traumatic head injuries, especially if the rider is not wearing appropriate protective gear. These accidents frequently result from the careless and reckless behavior of other drivers.
- Accidents that Involve Falling Objects – In warehouses, construction sites, or other environments with elevated objects, head injuries can occur when objects fall and strike a person directly on the head.
Preventing traumatic head injuries often involves:
- Using safety equipment like helmets.
- Maintaining a safe environment.
- Adhering to proper safety protocols.
However, no matter how many protective measures individuals take, accidents and head injuries may still occur when others are negligent.
If you suffered head injuries in an occurrence that resulted from someone else’s negligence, an experienced personal injury lawyer in your area can take the necessary legal steps in your case and file the appropriate claim on your behalf – and promptly.
Proving a Head Injury Case Successfully
Proving a traumatic head or brain injury in a legal context requires a comprehensive approach involving medical evidence, professional testimony, and a thorough understanding of the circumstances surrounding the injury. The key steps to legally establishing a traumatic head or brain injury include all of the following:
- Obtaining important medical documentation, including diagnostic imaging studies (like X-rays, MRIs, and brain scans), medical records, and physician assessments
- Obtaining testimony from a qualified medical professional, such as a neurologist or neuropsychologist, who can provide professional testimony regarding the nature and severity of the head or brain injury
- Undergoing diagnostic medical imaging, such as CT scans or MRIs, to determine the full extent of the traumatic brain injuries, including contusions, bleeding, or structural damage
- Obtaining a long-term prognosis, including potential complications associated with the traumatic head or brain injury
- Obtaining testimony from medical professionals who can provide insights into the nature of the injury, the course of treatment, and the expected long-term consequences
- Obtaining causation evidence to demonstrate a clear link between the traumatic event and the subsequent head or brain injury and establish the necessary causal connection
- Obtaining vocational professional testimony in cases where the head or brain injury affects an individual’s ability to work
- Producing visual documentation, such as day-in-the-life videos, to illustrate the challenges and limitations that the individual faces due to their accident-related head injury
Successfully proving a traumatic head or brain injury requires collaboration between medical professionals, legal professionals, and the injured party’s legal representation. The goal is to present a compelling case that not only establishes the existence and severity of the head injury but also demonstrates the effects that the injury has had on the individual’s life and future well-being.
Settling versus Litigating a Head Injury Claim
Deciding whether to settle or litigate a head injury claim involves carefully considering various factors, including the severity of the head injury, liability, available insurance coverage (including the amount of coverage), and the accident victim’s long-term needs. Some of the key points to weigh when making this important decision include:
- Insurance Coverage – You and your attorney should first assess the at-fault party’s insurance coverage, including the amount of available coverage under the policy. If their insurance policy has sufficient coverage to meet your needs and demands, settling may be a viable option, avoiding the uncertainties and time associated with litigation.
- Severity of Your Head Injury – The extent and severity of your head injury will likely play a significant role in determining your case’s appropriate course of action. Severe traumatic brain injuries often result in complex and ongoing medical needs, affecting the overall value of your claim.
- Long-Term Prognosis and Costs – You and your lawyer should thoroughly evaluate the long-term prognosis of your head injury and estimate potential future medical costs. If your injury requires ongoing care, rehabilitation, or lifestyle adjustments, these factors may affect your decision to settle or litigate your case.
- Liability and Clear-Cut Negligence – If liability in your case is clear-cut and the evidence strongly supports the negligence of another party, it may strengthen your position during settlement negotiations or litigation. Having a solid case can influence the decision to proceed forward with litigation.
- Negotiation and Settlement Offers – Your attorney can aggressively engage in ongoing negotiations with the at-fault party or their insurance company. Skilled negotiation can lead to a fair settlement offer without a lengthy legal battle.
- Potential Risks and Delays of Litigation – Litigation often involves inherent risks, including the potential for a lengthy legal process, uncertainties in court outcomes, and the emotional toll on an injured party. You should weigh these factors against the potential benefits of pursuing a legal judgment in your case.
- Immediate Financial Needs – You should also consider any immediate financial needs, especially medical bills and ongoing treatment costs. If settling can provide a quicker resolution, it may be a more practical choice, addressing your immediate concerns.
Ultimately, deciding to settle or litigate a head injury claim is highly individual and will depend upon your unique circumstances and your personal injury case. An experienced personal injury attorney can provide valuable guidance and assist in making informed decisions aligned with your best interests and long-term well-being.
Pursuing and Recovering Monetary Damages for Your Head Injury
In a head injury case, economic and non-economic damages are recoverable to compensate you for your losses. These damages aim to address the financial, physical, and emotional effects of your head injury. Some of the most common types of economic and non-economic damages in a head injury case include:
Economic Damages
- Related Past and Future Medical Expenses – Economic damages often include current and future medical expenses related to the head injury. These damages include monetary compensation for all related doctor visits, hospital bills, surgeries, rehabilitation, medications, assistive devices, and ongoing medical treatments.
- Lost Wages – Victims of head injuries may miss work during their recovery period. Economic damages can cover the income lost due to time away from work, including any decrease in earning capacity resulting from the head injury.
- Future Earnings – If the head injury leads to a long-term or permanent impairment affecting the accident victim’s ability to work, economic damages may include compensation for the loss of future earnings and potential career advancement.
- Property Damage – Economic damages can extend to property damage if the head injury resulted from a motor vehicle accident. This compensation includes the repair or replacement costs of damaged vehicles and damage to personal belongings inside vehicles.
- Rehabilitation Costs – Head injuries often require rehabilitation services, including physical therapy, occupational therapy, and cognitive rehabilitation. Economic damages cover the expenses associated with these necessary medical services.
Non-Economic Damages
- Pain and Suffering – Non-economic damages address the physical and emotional pain and suffering that a head injury causes. These damages include monetary compensation for the immediate pain from the head injury, as well as for any ongoing discomfort, emotional distress, and mental anguish.
- Emotional Distress – Emotional distress damages cover the psychological effects of the traumatic head injury, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues that may arise because of the trauma.
- Loss of Consortium – Head injuries can affect the accident victim’s relationships with other people. Non-economic damages may compensate the victim’s family – including spouses – for the loss of companionship, support, and consortium resulting from the accident victim’s head injury.
- Permanent Disability or Disfigurement – If the head injury results in permanent disability or disfigurement, non-economic damages may be available to compensate for the lasting effects on the accident victim’s life and self-esteem.
- Loss of life enjoyment – Victims of head injuries may experience a diminished ability to enjoy life’s activities and experiences. Non-economic damages address the loss of an accident victim’s ability to engage in hobbies, social activities, and other pleasures in life.
Determining the appropriate amount of economic and non-economic damages in a head injury case is complex and often requires the experience of medical professionals, vocational professionals, and legal professionals.
An experienced personal injury attorney can assess the full extent of your accident-related damages, build a compelling case, and advocate for fair compensation that addresses the physical, emotional, and financial toll of your head injury.
Speak with an Experienced Personal Injury Lawyer Today
Greg Bentley, Head injury Lawyer
Head injuries can lead to long-term and potentially lifelong complications. Suppose you or a person you love suffered a head injury in an accident that resulted from another person or entity’s negligence. In that case, you need to retain experienced legal counsel to represent you in your case as quickly as possible.
Your personal injury lawyer can promptly begin investigating your accident circumstances and retaining the necessary medical professionals to testify in your case. Your attorney can also handle all settlement negotiations and litigation proceedings in the court system for you. Throughout the process, your lawyer will explain your rights, answer your questions, and aid in making optimal decisions to secure the highest monetary award attainable in your case.
A free case evaluation begins the legal process, so do not delay in consulting an injury attorney near you.