Several factors influence how much a case with a traumatic brain injury (TBI) is worth. Damages awarded in brain injury cases typically exceed $100,000. Despite receiving a substantial award, the compensation you receive in the end may vary, depending on fees and other expenses or deductions.
In the following article, we will discuss settlements in brain injury cases and what to expect.
Of course, if you have questions, you should always speak directly to a personal injury attorney for further information. Brandon J. Broderick, Attorney at Law, has the legal acumen and experience to help with any New York brain injury case. We have represented thousands of clients and helped them recover millions in damages.
Brain Injury Compensation
Medical expenses and missed income are common problems for those who have suffered a traumatic brain injury and their families. Getting adequate compensation for not only the immediate medical expenditures but also long-term care following a brain injury is achievable but can be difficult without the assistance of an experienced New York personal injury attorney due to the complexity of the injury. Furthermore, future lost wages are often recoverable in circumstances of negligence.
The victim can be represented by a lawyer who specializes in brain injuries, and the victim's loved ones can help arrange for a medical examination to determine the full extent of the victim's disabilities. Can the victim work? Can the victim live independently? What medical measures may improve the prognosis of the victim? These are all concerns that the medical side of a brain injury examination seeks to answer.
The case is also heavily weighted by the long-term prognosis made by medical experts. After a traumatic brain injury, patients often need round-the-clock care from home health aides, therapists, and hospital technology adapted for use in a patient's own environment. Furthermore, many families may need to obtain an accessible vehicle and an assistant to drive the victim to doctor's appointments and errands, as well as make their homes accessible by installing ramps, lowered sinks and toilets, safety bars, and wheelchair access in bathtubs/showers.
All this comes at a cost, which is why many brain injury cases are awarded hundreds of thousands and even millions of dollars. It sounds like a lot, but that is not what the victim always receives, as there are fees associated with the case.
Expenses Associated With a TBI Case
While a brain injury victim is entitled to substantial financial compensation, and in most cases will receive it, the work that goes into these types of cases is complex and sometimes extensive.
In most situations, lawyers who focus on brain injury cases take them on a contingency fee basis, meaning they won't get paid unless and until they win their clients' cases and collect the money they were awarded. This means that an attorney that takes cases on contingency will pay for experts in the medical field and other costs upfront, but will recoup these expenses from the financial amount awarded.
Due to the high cost of preparing a case involving traumatic brain injury, lawyers that work on contingency only accept those cases they believe have a high probability of winning.
Common costs associated with a traumatic brain injury case include:
- Third-party medical expert fees
- Damages experts: Economic experts, etc
- Court-related costs
- Costs for conducting interviews with all potential witnesses
Before going to trial, a lawyer who specializes in accidents involving traumatic brain injuries may pay as much as $10,000 to $100,000 in expenses related to the case. This means that if a lawyer has accepted your case, they are very confident in their chances of winning your case and recovering a substantial sum.
Common Types of Damages in Brain Injury Cases
Loss of Earning Capacity
An individual's ability to make money is the primary loss considered in a traumatic brain injury case. An economic loss specialist will usually be brought in to testify about how much of your lifetime earnings potential was lost due to the accident.
Focusing difficulties, anger management issues, memory lapses, and exhaustion are common after a brain injury, all of which significantly reduce productivity.
It's important to consider the fact that persons who sustain brain injuries often retire 10–15 years earlier than they otherwise would due to factors like reduced capacity for work and the need to switch to easier jobs. This means that you stand to lose $15,000 yearly for years before retirement and, if you are forced to retire early, much more money. Your potential income loss could be in excess of $740,000.
Future Medical Expenses
You may also require medicine, assistance with everyday tasks, and physical rehabilitation.
During trial, a life care planner will evaluate your potential future requirements and testify to the jury about them.
Family members often step in to care for brain injury patients, and while they don't get compensated for their time, a life care planner can estimate how much money the patient would have to spend on these services otherwise.
This evaluation serves two purposes: supporting the family caregiver and preparing for the potential requirement of a future paid caregiver.
Pain and Suffering
The testimony of a damage expert who specializes in pain and suffering is typically allowed. Loss-of-life-enjoyment experts, also known as hedonic damage experts, are admissible in court in many jurisdictions, and they can utilize data from economic studies to prove a predetermined decline in your standard of living.
It's possible that this sum is comparable to the income that will be lost.
If You or a Loved One Suffered a Brain Injury, Brandon J. Broderick Is Here For You
A brain injury can be serious. What you and your loved ones are going through after an accident causing a traumatic brain injury is a tragedy, and we get that. We, too, recognize how important your case is. In addition to our unwavering dedication to our client, we handle all communications with insurers and gather evidence such as witness testimonies, medical records, and other professionals if needed.
Call us today for a free consultation to go over your New York injury case. Let us help you get the compensation you need to ease the pain the injury has already caused you or a loved one.