A brain injury is one of the most serious consequences of an accident. It will dramatically affect the victim’s life and ability to earn a living, with major medical bills almost guaranteed. If you or a loved one has suffered a brain injury, you could be entitled to substantial compensation.
Determining the full value of that compensation will take expert witness input and the skilled counsel of a brain injury attorney. Find out why so many victims and their families trust Carden Dotzler Hammond, PLLC.
Factors That Affect the Value of Your Claim
Brain injury compensation is not based on a specific formula, but is evaluated on the individual facts and merits of each case. These are some factors that may affect the total value of compensation in your specific matter:
- Severity: On one end of the spectrum of brain injury is concussion, while a traumatic brain injury is at the other extreme. There are variations in between. Since the severity of the injury will affect many other aspects of your case, this is a prime factor in calculating compensation.
- Medical bills: Victims can ask for compensation both for past medical bills and reasonably expected future ones. A serious brain injury can require years of treatments, surgeries, medications, physical therapy, and more.
- Lost income and diminished earning capacity: The victim will likely miss work following the initial accident. But many brain injury victims are unable to work the same career they once had, which could cost them a lifetime of income and benefits.
- Permanent disability: Suffering a brain injury can cause a host of impairments such as memory loss, speech problems, cognitive defects, and limited mobility. These losses can be included in a compensation claim.
- Long-term care and needs: Because of the significant complications that come with brain injuries, victims typically need long-term care. This can be expensive, especially if in-home care and home and vehicle modifications are necessary.
- Non-economic losses: New York brain injury victims can ask for various non-economic damages which cover intangible losses. Pain and suffering, emotional distress, and decreased quality of life are common in these cases.
Factors Which May Limit Compensation
Although certain elements can increase the amount of monetary compensation, others can potentially limit it. One example is comparative negligence. If the brain injury victim was partially liable for the accident, their total damages could be reduced by their percentage of fault.
Another, more practical limitation that often arises is insurance policy limits. The legal value of a claim is based on the damages the victim suffers, but actually collecting compensation could depend on available insurance policies and other forms of coverage.
Finally, the victim’s age and overall health could have a limiting effect on their monetary recovery. In general, a younger and healthier victim who suffers a brain injury will recover greater damages than an older, less healthy victim who is close to retirement.
How You Can Maximize the Amount of Compensation in Your Case
If you or a loved one experienced a brain injury after an accident, you should keep all medical bills and proof of missed income. Document the accident with pictures and videos, and be sure to document the effects of the injury on the victim’s daily life.
If there were any witnesses to the original accident, get their names and contact information. However, you should limit what you say, especially when dealing with any insurance companies. Don’t sign or accept any settlement offers without legal assistance.
Lastly, retain a New York brain injury attorney. A lawyer can obtain the evidence it takes to seek the maximum amount of compensation. Expert witness testimony is often key, especially with respect to future damages. Our firm has a trusted network of experts who provide support.
Were you or a loved one injured? It’s time to explore your legal options with CDH Law. We can schedule a free case evaluation so you can better understand the potential value of your brain injury claim. Connect with us today to get started.