Factors That Affect How Much Compensation You Can Get for a Brain Injury
There is no specific amount of compensation you can get for a brain injury as each injury is unique and affects everyone differently. A Fort Myers brain injury lawyer can help you determine the compensation to which you may be entitled.
Several factors determine how much compensation you can get for your brain injury:
The Severity of Your Injury
A traumatic brain injury can range anywhere from mild to severe. The severity of the injury can determine what you can recover. For example, if you suffer a concussion that keeps you out of work for a few weeks but healed on its own, you will likely receive less than if you suffered a severe brain injury that will require ongoing care.
You will likely also recover more if you require round-the-clock care or assertive devices such as a wheelchair.
Whether You Are Able to Return to Work
You are entitled to compensation for all the wages you lose during recovery. Let us continue with our examples from above: you suffer a concussion that keeps you out of work for three weeks. You make $1,500 a week. You would be entitled to $4,500 in lost wages.
However, you are also entitled to wages you will lose in the future. If your brain injury robbed you of your ability to work, you can recover those losses. You can also recover compensation if your injury forced you to work fewer hours or take a lesser paying job. In this case, your age and occupation can affect how much you recover. For example, a retired grandfather will recover less than a 40-year-old banker.
Note: As brain injuries can require round-the-clock care, lost wages do not only apply to just the victim. If a loved one of a brain injury victim had to work fewer hours or quit their job entirely to help care for the injured party, they can obtain compensation for those lost wages, too.
How Your Brain Injury Affected Other Aspects of Your Life
Most people only consider the financial effects of a brain injury. However, brain injuries can affect communication, emotions, and behavior. This can have a direct effect on relationships with friends and family. Many family members and friends of someone who suffered a traumatic brain injury find that their loved one changed completely.
If your brain injury affected your relationships with friends and family, you deserve compensation for that.
Whether Your Brain Injury Causes Physical or Emotional Pain and Suffering
In addition to the lost relationships, brain injuries can also cause physical and emotional pain and suffering. You can recover compensation for this as well.
What Parties Are Liable for Your Brain Injury
In some cases, only one party is liable for your injury. In others, two or more parties can be liable. For example, if you suffered a brain injury in a truck accident, you might be able to hold both the truck driver and the trucking company liable for your injuries. This means you may be able to recover a higher amount of compensation than if you only held an individual liable.
Whether You Accept the First Settlement Offer
The first settlement offer is often very low. Unfortunately, many people do not know what their case is worth, so they accept what they can get. This is why we recommend you do not accept the first offer—or any offer—you receive, without first running it by an injury attorney. An attorney can determine the value of your claim and ensure any offer matches that.
If the insurer or other party refuses to offer you a fair settlement, a TBI lawyer can take your case to court and fight for the compensation you deserve.
Whether There Are Damage Caps for Your Type of Injury
Some states cap the damages you can recover for injuries. In some states, they cap the noneconomic damages you can recover. In others, they cap the damages you can recover from medical malpractice cases. If your state caps damages, that can affect how much you recover.
Damages to Which You May Be Entitled
While the amount you are able to recover depends on your situation, there are common damages available in most injury cases:
- Medical expenses
- Lost wages
- Lost earning capacity
- Miscellaneous expenses, such as yard work, childcare, or the costs of renovating your home to accommodate your disability
- Pain and suffering
- Mental anguish
- Loss of consortium
- Funeral or burial costs if the victim lost their life
There are several other damages to which you may be entitled. A brain injury lawyer can help you determine a value for your case.
How Our Team Can Help You Get the Compensation You Deserve
It can seem almost impossible to deal with a brain injury—or care for a loved one with a brain injury—while still trying to make ends meet and live a normal life. The last thing you need is to add another task to that list. Our TBI lawyers will handle recovering compensation for your or your loved one’s brain injury. We will identify liable parties, gather evidence, build a compelling case, negotiate with insurers, and take your case to court, if necessary.
We will discuss your case with medical experts to determine how your injury has affected you and will continue to affect you. We will ensure that you and your family feel supported throughout this stressful process.
Give us a call today to see how a brain injury lawyer at the Law Offices of Wolf & Pravato can help you and your family: 954-633-8270. The initial consultation is free, and we work on a contingency basis, which means you pay nothing unless you win your case.