When it comes to monetary compensation in brain injury cases, there is no one-size-fits-all scenario. Every injury is different and has different effects on the victims involved. A Richmond brain injury attorney can assist in assessing the level of compensation to which you may be entitled if you have been harmed by another party’s negligence.
Factors Determining Brain Injury Compensation
Among the most important factors in any brain injury compensation assessment is just how serious the brain injury is. Brain injuries can range from temporarily inconvenient to permanently debilitating. You may, for instance, have a concussion that prevents you from working for a short period, from which you ultimately recover. Or, you might have a disabling brain injury that changes your quality of life forever.
Compensation in brain injury cases tends to be higher if you have suffered harm that results in the need for long-term professional care, or if you require accessibility adaptations and equipment.
Ability To Return To Work
If negligence is responsible for your brain injury, you are entitled to compensation for your monetary losses. For instance, if you can’t work for a period of time, you can receive payment for the wages you missed.
Furthermore, you can receive income for lost earnings if your brain injury prevents you from ever returning to your prior profession or trade. If you are able to return to work, but only at a lower-paying capacity, you can receive the difference in potential future income.
It should also be noted that if a brain injury requires ongoing care, and a family member must leave their employment to provide assistance, they can receive compensation for lost income and wages as well.
The Impact of Brain Injuries on Relationships
It is common for folks to think mainly of the financial toll brain injuries take on victims. But the fact is that harm of this type can impact almost every realm of life, including cognition, behavior, and emotional stability. As such, family relationships and bonds with friends can be altered permanently, and not for the better. As such, the law allows victims to seek payment for these kinds of losses as well.
Physical Pain and Emotional Suffering
Brain injury victims are also permitted to pursue payment to compensate them for the physical pain and emotional distress resulting from the injury itself. This can be substantial, depending on the facts of a given case.
Assessing Liability in Brain Injury Cases
There are times when just a single party is legally responsible for a brain injury. In other cases, multiple parties can share liability for what occurred. When the latter is the case, it may be possible to obtain a greater amount of compensation because there will be more than one target in a lawsuit.
The Role of Damage Caps in Brain Injury Cases
In some jurisdictions, there are limits on the amount of damages that can be recovered in injury cases. Others limit the non-economic damages (pain and suffering, emotional distress) that are available. There are also situations in which damages in medical malpractice claims are limited. When a state legislature has decided to cap damages in this way, your maximum available compensation can be affected.
Accepting Initial Settlement Offers
Brain injury victims need to understand that an insurance carrier’s initial settlement offer is bound to be extremely low. Sadly, because too many victims are unaware of the true value of their brain injury case, they end up receiving far less than they should. As such, we strongly suggest that you reject first offers and subsequent ones as well, unless and until you have spoken with a brain injury lawyer. An attorney can review the facts of the case, examine evidence and medical records to determine what the claim is truly worth.
Whenever an insurance adjuster or other party tries to get away with an insufficient settlement, a Richmond brain injury attorney stands ready to fight for your rights and compensation in your case.
Damage Types in Brain Injury Cases
Though every case is unique, and different factors will impact the outcome, common types of damages pursued in personal injury cases include:
- Doctor and hospitalization bills
- Lost wages
- Reduced future earning capacity
- Ongoing care and housekeeping costs
- Home accessibility renovation expenses
- Pain and suffering and emotional distress
- Loss of marital relationship
- Funeral expenses in cases of fatality
There may be other categories of losses that are recoverable in a traumatic brain injury case, and a personal injury lawyer in Richmond, Virginia can review the facts to determine if any apply in your case.
What a Richmond Brain Injury Attorney Can Do to Help
The prospect of seeking compensation and accountability in a traumatic brain injury case can seem daunting, particularly when also trying to juggle the mounting financial burdens during such a difficult time. Our brain injury law team is prepared to do the heavy lifting for you by beginning the process of assembling evidence, documenting your claim, negotiating with insurance carriers, and moving forward to trial on your behalf, should it be necessary. We understand what it takes to win cases like these and will work tirelessly to assist you during this challenging experience.
We work collaboratively with medical experts, valuation experts, and others to get the full picture of the impact your brain injury has had on your life, and we will assert your right to seek the compensation you need to move forward.
Contact CAIL today to learn more about what our personal injury law firm in Richmond, Virginia can do to help you and your family. We proudly provide no-cost consultations and work on a contingency basis, meaning that you owe no legal fees to us unless we win your case.
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