Traumatic brain injuries can have a serious effect on victims. Symptoms vary from mild to serious and can change the lives of sufferers forever. When these injuries occur because of the negligence of another person or entity, then this falls into the jurisdiction of personal injury law.
Many claimants want to know what settlement amount they can expect when filing a legal claim. This article aims to shed some light on the matter. Schuerger Shunnarah Trial Attorneys can also advise on an average settlement for slipped disc Indiana.
What Are Traumatic Brain Injuries?
Before getting into the average settlement amount that a claimant can expect, it might be better to start with a simple definition of what such an injury is and why it is so serious.
Traumatic brain injuries (TBIs) are caused by violent hits, blows, or piercing wounds to the head that alter the way the brain works. These injuries can range in severity from minor concussions to serious, life-altering conditions, such as permanent disability.
Head trauma can occur in a number of scenarios, such as when a person's head hits the steering wheel in a car crash or during a slip and fall accident, and can result in cognitive impairment, loss of memory, mental health issues, and physical consequences.
Recovery time for TBIs also varies. While for some, symptoms are short-lived, for others, long-term medical treatment, such as physical therapy, may be required.
When a TBI Qualifies As a Traumatic Brain Injury Claim
The truth is that traumatic brain injuries can occur for a variety of reasons. Sometimes, a construction worker is injured because he was not provided adequate head protection. In other cases, poor maintenance practices can cause someone to fall and hit their head.
In general, when a TBI is the result of someone else's negligence, it can be grounds for a personal injury lawsuit. Victims can file a claim to obtain compensation for their medical expenses, lost wages, property damage, and more.
However, to do so, it is important that they work with a reliable lawyer who is well-versed in personal injury law. They can provide more insight on car seat laws Indiana as well.
The Average Settlement for Traumatic Brain Injury - Indiana Statistics
According to statistics listed by state officials in a special emphasis report in 2019, more than 43,000 people in Indiana sustained traumatic brain injuries. Furthermore, according to the Centers for Disease Control and Prevention, there were 214,110 people in the United States who were hospitalized for a TBI in 2020, while 69,473 TBI-related deaths were reported.
This indicates that these injuries are prevalent. However, it's important to remember that there is no average settlement amount. That's because every case is different, with its own set of facts and details, and the outcome of each case will depend on a number of factors.
Factors That Determine How Much Compensation a Victim Receives
Settlement amounts are reliant on a number of variables. The section below will take a look at some of the most prominent to provide deeper insight into settlement values.
How Serious the Injury Is
Undoubtedly, one of the most important factors that drives the amount a victim will receive in compensatory damages is the severity of the injury. In cases of mild concussions, victims will receive lower settlement amounts than someone who sustained permanent and lasting brain damage as a result of someone else's negligent actions.
The Extent of the Medical Treatment
Since medical expenses make up a significant portion of the damages in a traumatic brain injury case, the type of treatment required will also have an impact on the settlement amount. The more costly the treatment, the greater the value of the personal injury claim.
Insurance Coverage Limits
The amount that a person can claim will also depend on the defendant's insurance policy limits. Although a claim may be worth a lot of money, victims may only be able to recover the maximum amount specified by the insurance company in the dependant's policy.
Pain and Suffering
If the victim suffered immense pain as a result of the traumatic brain injury, they may be entitled to a larger amount for pain and suffering damages. Depending on the type of brain injury, TBI sufferers can experience chronic pain, in which case, they may be eligible for a higher amount.
The Quality of Legal Representation
Another important thing that can affect the outcome of a traumatic brain injury lawsuit is the quality of legal representation a person has. Victims who hire a personal injury lawyer who will go the extra mile to ensure that sufficient evidence is obtained will undoubtedly have a better shot at securing higher compensation.
How to Find Out What a Settlement Is Worth
Because each case is different and there is a myriad of factors in play, the best way for victims to learn more about the value of their case is to talk to an experienced personal injury attorney. The legal representative will take all factors into consideration, such as the sum of all medical bills, the cost of future medical care for the treatment of the head injury, and lost wages, when calculating a fair amount.
They will also handle any communication between the victim and the defendant to alleviate stress and anxiety. Good personal injury attorneys in Indianapolis also offer valuable advice on how to secure the highest amount for head injuries, which might include documenting recovery.
While other parties are looking out for themselves, victims can rest assured that they will have someone in their corner fighting for their best interests.
Schuerger Shunnarah Trial Attorneys Is Here to Help
The truth is that traumatic brain injuries can be life-changing. Victims are often left to deal with their injuries, in addition to the financial ramifications of such an incident. However, by holding the at-fault party or parties liable for their negligent acts, victims can prevent the same kind of accident from happening in the future.
Schuerger Shunnarah Trial Attorneys are an experienced team of legal advocates who aren't afraid to go the extra mile to secure the maximum compensation following a traumatic brain injury. The firm offers free consultations to claimants to discuss the details of their cases.