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There is no average brain injury settlement since every case differs significantly. Several factors heavily influence the settlement amount for brain injuries, including the severity of the injury, the lasting impact on the victim’s quality of life, the incurred medical expenses, and the amount of lost wages. Other considerations may include the circumstances of the accident and the liability of the parties involved.
These are complex factors, and a professional, such as a Rutherfordton brain injury lawyer, can help interpret the factors influencing your settlement value. They can help manage the legal issues and work towards securing compensation that aligns with your needs.
How the Severity of a Brain Injury Impacts the Settlement Value
Since every injury is unique, there is no true average settlement. More severe injuries typically result in higher settlements due to the extensive medical treatments required and the potential for long-term or permanent disability. Factors used to assess costs in a traumatic brain injury settlement include:
- Ongoing care
- Rehabilitation services
- Medical equipment
Additionally, severe brain injuries often lead to significant loss of income, either temporarily during the recovery phase or permanently if the victim cannot return to work.
Evaluating your traumatic brain injury case involves detailed medical assessments and an understanding of how the injury impacts daily functions and quality of life.
How Quality of Life Affects Brain Injury Settlements
A traumatic brain injury can alter many aspects of the victim’s life, from cognitive and physical abilities to emotional and social well-being. Brain and head injuries can:
- Impair daily activities
- Lead to chronic physical pain
- Cause psychological distress
- Diminish life enjoyment
These consequences warrant substantial compensation. Settlements must account for both current and future quality of life changes, including adjustments to living spaces, the need for caregiving, and potential therapies or treatments. Your brain injury lawyer can develop a claim that accounts for your needs.
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Economic Damages in Your Brain Injury Case
Economic damages are quantifiable costs and financial losses directly tied to the injury and its repercussions on the victim’s financial stability. A thorough evaluation of these economic factors is necessary to secure a settlement that truly compensates for the financial hardships imposed by a brain injury.
Medical Costs
Medical expenses form a substantial part of economic damages in brain injury cases. These costs include:
- Immediate medical care
- Hospital stays
- Surgeries
- Medications
- Ongoing rehabilitation or therapy
Settlements aim to cover both past and future medical expenses, ensuring that the victim does not bear the financial burden of treatment resulting from the injury. Your personal injury attorney can determine your expenses from your medical records, invoices, and expert medical testimony and demand fair compensation.
Lost Wages and Earning Capacity
Brain injuries often prevent victims from returning to work, either temporarily during recovery or permanently due to disabilities. Settlements typically include compensation for lost wages. More severe cases also consider the loss of future earning capacity, accounting for the victim’s potential earnings if the injury had not occurred.
Additional Costs
Other economic damages may involve modifications to homes or vehicles to accommodate the disability, and the cost of assistive devices like wheelchairs or specialized computer equipment. Accounting for these expenses ensures that the victim maintains independence and a manageable lifestyle post-injury.
Non-Economic Damages in Your Brain Injury Case
Non-economic damages in brain injury cases address the losses that are not directly measurable in financial terms but significantly impact the victim’s life. These damages are subjective and compensate for the intangible aspects of the injury.
Pain and Suffering
Pain and suffering encompass the physical discomfort and emotional distress a victim endures as a result of their brain injury. This includes:
- Chronic pain
- Frustration from decreased functionality
- Emotional hardships
Calculating these damages requires a deep understanding of how the injury affects the individual’s daily life and long-term well-being.
Loss of Consortium
In severe brain injury cases, the victim’s relationships often suffer. Loss of consortium damages compensate family members, typically spouses, for the loss of companionship, affection, support, and marital benefits. These losses are profound and reflect the broader impact of brain injuries on the victim’s close relationships.
Emotional Distress
Emotional distress damages recognize the psychological impact of a brain injury, such as:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
These conditions can be debilitating and enduring, requiring professional mental health treatments and therapies.
Loss of Life’s Enjoyment
This category reflects the decreased enjoyment a victim experiences in their day-to-day life. It accounts for the hobbies, activities, and passions they can no longer pursue in the same capacity or have lost interest in due to their injury.
Disfigurement and Physical Impairment
These damages compensate for the physical changes and limitations imposed by the brain injury, such as scars from surgery or an inability to engage in physical tasks. This category acknowledges the lasting physical reminders and limitations that a victim may suffer as a result of the injury.
Protecting Your Settlement as a Brain Injury Victim
Brain injury victims can take strategic steps to protect their settlement and ensure it supports their long-term needs. Here are crucial actions to consider:
- Speak with a brain injury attorney: Attorneys who handle brain injury cases can explain the legal process, protect your rights, and advocate for your interests.
- Avoid early settlement offers: Resist settling your personal injury claim too quickly before fully understanding the long-term implications of your injury.
- Document everything: Keep thorough records of all medical treatments, expenses, and correspondence related to your injury.
- Consider future needs: Work with financial advisors to plan for future costs like ongoing medical care, home modifications, and personal support.
- Restrict communication: Limit discussions about your case to your personal injury lawyer, especially with insurance companies or opposing parties.
Taking these steps helps safeguard the compensation you receive, ensuring it meets both current and future needs.
Your Brain Injury Case Does Have a Deadline
The statutes of limitations in North Carolina and South Carolina dictate the timeframe within which you must file a personal injury lawsuit to seek compensation:
For North Carolina, the personal injury statute of limitations, N.C. Gen. Stat. §1-52, is three years from the date of the injury. South Carolina’s statute of limitations for personal injury is also three years from the injury date, per S.C. Ann. §15-3-530.
Missing these deadlines can bar you from recovering any compensation.
Learn the Fair Settlement Value of Your Brain Injury Claim Today
Call Farmer & Morris Law, PLLC today for a free consultation on your or your family member’s brain injury case. Our personal injury lawyers can explain the damages in your case and calculate their fair settlement value.
