What is the Compensation for a TBI?
A brain injury can affect you and your family for the rest of your life. You deserve compensation if someone else’s negligence caused your injury. However, these claims can require large compensation, which means insurance companies will fight hard to keep from paying you.
So how can you ensure that you are able to care for your family’s financial needs now and in the future? You need a personal injury attorney who can give you the legal representation you deserve.
Contact the Phillips Law Group to make sure that your damages are calculated correctly so that you get the most compensation possible for your TBI. Call us at (602) 258-8888 or fill out our online form to speak with one of our attorneys.
How Much Compensation Can You Get for a Traumatic Brain Injury?
A traumatic brain injury (TBI) case may be worth anywhere from thousands to several million dollars, depending on the severity of the injury and several other factors. It’s not uncommon for compensation to reach six to seven figures. However, these large settlements do not happen by themselves.
Insurance companies and their lawyers work diligently to deny claims and reduce the amount of damages they pay to TBI victims. Without a legal team defending your rights, you could end up getting much less than your case is worth.
Be sure to get the assistance of a law firm that is experienced in traumatic brain injury cases. This will make all the difference in your case and maximize your final settlement or verdict.
What Factors Affect the Amount of Compensation in a Traumatic Brain Injury Case?
Of course, not every traumatic brain accident and injury is the same. However, there are known factors that can affect compensation. The following aspects of your TBI case can influence the settlement amount you can receive.
Degree of severity of the injury
A head injury settlement amount is primarily based on the severity of the injured and his or her prognosis.
In general, TBI cases receive a classification of mild, moderate, or severe. The Glasgow Coma Scale (GCS) measures the severity of the damage to the brain. It analyzes victims based on eye-opening and consciousness, as well as verbal and motor responses.
There are three severity levels for brain injuries.
- A mild TBI has a GCS score of 13 – 15 points
- A moderate TBI has a GCS score of 9 – 12 points
- A severe TBI has a GCS score of 3 – 8 points
A score below 3 may mean severe injury, vegetative state, or death.
The level of certainty as to who is liable for the traumatic brain injury can affect the brain injury settlement amount. When there is no question of who is responsible, the settlement amount can often be higher.
TBI victim’s circumstances
Specific details regarding the victim can impact the settlement amount. Factors such as the medical history, age, and occupation of the injured person can significantly impact the compensation amount.
For example, a younger person who cannot work again or perform work at his or her previous level can qualify to receive greater compensation than an older person who is retired. Additionally, the medical history of the TBI victim can also play a role in the amount obtained in a settlement.
Cost of care
The cost of care for a severe traumatic brain injury can be considerable. The care the victim of a TBI may require can include:
- Ongoing caregiving
- Specialized equipment
In addition to these factors, there may be other aspects unique to your case that can influence the amount of your settlement. It is best to receive the help of an experienced TBI attorney to ensure you receive the most compensation available for your traumatic brain injury case.
Each TBI case is unique, and there are additional factors that may affect the value of your case. These could include:
- Available insurance coverage
- The specific details of your accident
- How long your process of recovery will be
- Whether you can continue to perform your job or another type of employment
- Whether ongoing medical care or rehabilitation is necessary
How Are Damages for a TBI Claim Calculated?
Several damages can be included when calculating compensation in a TBI settlement. These include economic and non-economic damages, as well as punitive damages. We will examine these three principal types below.
Economic damages relate to quantifiable monetary losses. The most common examples of economic damages are:
- Medical bills
- Surgery costs that could be necessary in the future
- Therapy and rehabilitation (whether physical or mental)
- Prescriptions (which might be taken for the duration of life)
- Medical equipment (wheelchair, a special bed, etc.)
- Lost income
- Diminished earning capacity
- Expenses related to necessary specialized equipment
- Property damage that occurred in addition to the traumatic brain injury accident
The determination of non-economic damages can be less precise than economic damages. Identifying a specific dollar amount can depend considerably on the personal factors of a case.
Common non-economic damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In order to arrive at an appropriate settlement amount for non-economic damages, working with a skilled TBI attorney is crucial. An experienced and thoughtful attorney can connect the current emotional state of the TBI victim to a suitable monetary amount that compensates for his or her emotional distress.
A perceptive attorney can also correctly relate a monetary compensation amount to the future lack of life enjoyment the plaintiff will experience as a result of the traumatic brain injury.
When it is determined that extreme negligence contributed to the traumatic brain injury accident, punitive damages can be awarded.
For example, if the victim was hurt because the guilty party had been driving under the influence of alcohol or drugs. In such a situation, the court may award punitive damages to penalize and strongly discourage such egregious behavior.
Having a TBI accident attorney aiding you in calculating the damages you qualify for is extremely important. An attorney can make sure that the compensation you receive accurately corresponds to your needs, both current and future. In addition, your attorney can prevent insurance companies or other parties from evading the responsibility they have to pay you the compensation you deserve.
How Can You Get the Most Compensation for a TBI?
From the information mentioned above, you can see that many elements are involved in assessing how much compensation you can qualify to obtain for your TBI. Calculating all the costs can be complicated and especially difficult as you work on recovering to the fullest extent possible.
If you or a loved one is suffering from a traumatic brain injury, you can get restitution from the at-fault party. They can be made accountable for providing you with fair compensation for your medical bills, pain, suffering, and lost income.
An experienced TBI lawyer can help you get the settlement you deserve. Please get in touch with the personal injury lawyers at Phillips Law Group. You can call us at (602) 258-8888 or fill out our online form to speak with one of our attorneys.
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