Given the nature of traumatic brain injury, it is no secret that the value of a brain injury settlement will be high. However, if you have been a victim of an accident that has caused you serious injuries to the brain, you might be questioning how to recover and calculate your damages. Injuries to the brain can be devastating for both the victim and the family. Such incidents are life-altering and require medical treatment and care.
In a few personal injury cases, the expenses of medical care and additional costs can continue for a long time till you recover completely. Which is the primary reason why most of our clients wish to know the average settlement amount for a traumatic brain injury. More often than not, the impact of brain injuries impacts the victim’s regular physical activities such as going to work and living a normal life. That is why victims can seek a brain injury settlement from the responsible party to recover the damages sustained. Talk to our personal injury lawyer at Sarraf Law Firm, to know the real worth of your brain injury claim.
How are brain injury claims valued?
Generally, there is no precise average settlement amount for a traumatic brain injury. That is because the harm significantly varies from case to case. A victim must not assume that they will be eligible to recover a considerable amount based on the facts of other cases, even if similar. If you are willing to receive the deserved compensation after filing a brain injury settlement, you must consider the types of damages that you can claim. These factors have a significant impact on your settlement which is why you must consider consulting a personal injury lawyer before taking any legal step.
Types of recoverable damages in a brain injury case
If you are willing to seek financial compensation for all of the damages suffered, your lawyer would need to prove that another party was directly responsible for causing you the injuries. Special damages (economic damages), and general damages (non-economic damages) are the two types of recoverable damages in a brain injury claim.
Special/economic damages
- Medical expenses concerning both present and future injuries;
- Loss of earnings and the inability to earn in the future;
- Expenses for rehabilitation or therapy;
- Property damage of any type that you have suffered;
- Additional expenses that you have incurred or are expecting to incur directly as a result of the injury.
General/non-economic damages
- Emotional anguish and suffering;
- Reduced life quality;
- General suffering and pain;
- Additional non-economic damages that you have suffered as a direct result of the injury.
How to calculate damages in your case?
Usually, the less complex part of calculating damages for a traumatic brain injury is to measure the tangible expenses of your injury. This is an easy part as all you need to do is add up all the tangible costs of your injury which usually includes loss of income and medical bills. To do so, you will need to document your medical records and receipts of every expense that happened as a direct result of the injury.
For calculating future expenses, damages, and losses, you will require the assistance of a personal injury lawyer. A lawyer will help you to estimate the loss of income in the future and your earning capacity in the long run. These will be calculated under the intangible costs of your injury and keeping into account the seriousness of your injuries. Therefore, if you are thinking of filing a personal injury claim in California, you can consider contacting Sarraf Law Firm without any second thoughts.
