When the unthinkable occurs, and people are injured in a car accident that was not their fault, they have the legal right to take action and hold the at-fault party liable for their negligence. However, many claimants often wonder what the average settlement for concussion is.
This article will provide more insight into the average amount that plaintiffs have been awarded in the past. However, it is important for victims to understand that every case is different, so settlement values will differ depending on the details of the case.
What Are Concussions?
A concussion is a type of traumatic brain injury caused by a blow to the head, face, or neck or a violent jolt that causes the brain to shift within the skull. Minor concussions frequently cause brief cognitive symptoms, such as disorientation or headaches, which resolve quickly.
Serious concussions, on the other hand, might result in an extended state of unconsciousness, chronic amnesia, or significant neurological impairments.
While people tend to recover from minor concussions quickly with the proper treatment and rest, more serious cases can require medical attention, including monitoring for effects such as post-concussion syndrome. A precise diagnosis and timely medical attention are critical in determining the severity and management of concussions.
When these head injuries are caused by someone else's negligence, such as automobile accidents, slips and falls, or sports-related events, legal action may be taken to seek compensation for the victim's losses.
Concussion symptoms range from mild to severe and can have different effects on a person's life and well-being.
Understanding the Average Settlement Value in Indiana
The truth is that the average settlement amount for a traumatic brain injury can be just over $20,000. However, the amount that victims with mild traumatic brain injury are awarded will be significantly lower. Claimants need to ensure that they have access to good legal representation when filing personal injury claims, as this will improve their chances of receiving a higher amount.
Factors That Could Affect a Victim's Post-concussion Syndrome Settlement
The reality is that there are a myriad of factors that come into play when it comes to head injury settlements, and understanding them will ensure that claimants have a better idea of what they can expect.
The Nature and Severity of the Traumatic Brain Injury
A mild brain injury often results in short-term symptoms, while serious trauma to the head may lead to permanent brain injury. The latter will often be awarded higher settlement amounts because greater damages were suffered. If there are additional soft tissue injuries, the chances of obtaining a higher amount also increase.
Insurance Limitations
In many cases, the amount that a claimant can receive will be capped by the individual's policy limits, and the insurance company will refuse to pay over and above the amount specified in the defendant's policy. However, victims may file a personal injury lawsuit to claim additional damages from the at-fault party.
Medical Treatment Required
Moreover, the type of treatment that a person is required to receive will also influence their settlement value. The more extensive their treatment plan, the higher the compensation they can expect.
Whether the Victim Was Able to Work or Not
Because a serious injury can impact a person's ability to earn an income, the claimant is often left in financial trouble, with mounting medical bills. However, a lost earning capacity or lengthy time off work will make the victim eligible for greater compensation.
Legal Representation
Many victims do not realize this, but the legal representative they choose will ultimately have an impact on the outcome of the case. When a person chooses a rigorous and aggressive law firm that will go to great lengths to ensure a favorable outcome, they can expect a better chance at higher post-concussion syndrome settlements.
The Evidence Presented
In a personal injury claim, the burden of proof lies with the plaintiff. This means that the one filing the claim will have to provide sufficient evidence to back up their claim. They will need to prove that the defendant had a duty of care and that they breached this duty, which led to their injuries.
Learning More About Settlements Following Traumatic Brain Injuries
Those who want to learn more about what they can expect from their claim should talk to a reliable and experienced personal injury lawyer in Indianapolis. An experienced attorney will have a working knowledge of personal injury law and the skills to effectively investigate and gather evidence where car accidents are concerned.
They will also have the skills to calculate a fair amount for the case, taking into account things like lost wages and medical expenses, both past and future.
Reliable personal injury attorneys will fight aggressively and represent their clients well, ensuring that they receive the amount they are rightly due to cover their damages. They can help answer questions such as is it illegal to drive without a bumper in Indiana?
Lawyers can also help victims by liaising with insurance companies to prevent any trickery and maintain a good level of fairness.
What Damages Can Victims Claim for a Concussion?
There are three types of damages that claimants may receive as part of their settlement. This includes the following:
Economic Damages
Economic damages are tangible expenses that a plaintiff incurred as a direct result of the incident. This might include property damage, medical expenses, lost wages, and more. A reliable personal injury attorney will take into account both past and future economic damages when calculating a fair settlement value.
Non-economic Damages
In addition to monetary damages, victims may also claim damages such as pain and suffering, mental anguish, loss of enjoyment of life, and more.
Punitive Damages
In special cases, when the actions of the defendant were heinous, the court may award a special amount, known as punitive damages.
Schuerger Shunnarah Trial Attorneys Is Here to Help
Those who have suffered a severe injury as a result of a car accident that was not their fault can file a personal injury lawsuit against the at-fault party. The reality is that personal injury cases are not easy to win, especially for those who do not have proper legal representation. That can also advise on an average settlement for back injury Indiana.
Fortunately, claimants in Indiana can turn to Schuerger Shunnarah Trial Attorneys for rigorous legal representation and reliable advice. The firm offers a free initial consultation to victims to discuss the details of their head injury cases.