Many people suffer from brain injury in the US. While some might be the result of the natural aging process, there are cases where the person will suffer brain damage as the result of the actions of another party. Under such situation, the law gives the injured party the right to seek compensation from the accused. In this post, we will look at four basic things you must know about brain injury settlements.
- Brain Injury Causes
As far as personal injury claims are concerned, your brain injury generally needs to be the result of any of these reasons –
- If the brain injury is caused as a result of you being in an auto accident where the other party’s at fault, then that will be seen as a valid case.
- If the injury to the brain is caused because of coming into contact with a product that is defective or harmful, then that too is a valid case. For example, you may purchase a high-pressure can that can randomly depressurize due to an internal fault and hit your head, causing brain injury. Similarly, you may also eat some food that can contain toxic substances which can cause brain damage like memory loss or something similar.
- If the brain injury is the result of any negligence at the workplace or any other establishment, you are still eligible for compensation. For example, during work, you may be hit on the head by some object that can fall from the ceiling. This can also happen when visiting a bank. In both these conditions, the workplace and the establishment will be deemed negligent in ensuring your safety by not ensuring that the object hanging on top is securely fitted.
In addition to these, other causes can also be considered eligible for claim. Talk to your lawyer about the claim.
- Eligible Damages
When it comes to the types of damages that you are eligible for, it is usually divided into the following categories –
- Medical Expenses: All medical expenses related to the brain damage will be compensated. These include both expenses that you have already paid for and expenses which you will have to pay for the future. The future expense will be estimated by a professional, whose recommended compensation amount will be approved by the court.
- Loss Of Income: You will also likely lose your source of income as a result of brain injury since you may not be able to work the same way. A neutral party will look at your job history, your salary, your qualifications, and other criteria, and determine how much money you would have made in the future if you had not suffered from the injury. The court will direct the accused to compensate you the recommended amount.
- Pain: Brain injury will inevitably involve some amount of pain. This can either be physical pain or the emotional pain that you can go through because of feeling helpless. The more pain you are observed to suffer from, the more compensation you will be rewarded. And if you have suffered any disfigurement, then the amount will be on the higher side.
- Loss Of Consortium: This compensation mostly deals with the emotional loss suffered by your spouse. Because of your brain injury, it is possible that your spouse will lose out on your love and affection. And for this, the court can rule the accused to pay an amount that will compensate for such loss of consortium.
If you suspect that you or someone that you love might have received brain damage from an accident, contacting a brain injury attorney is the first thing you should do. The accused might send in their lawyers to deal with you or your loved one and try to compensate you to close the matter immediately. But such offers will generally be on the lower side. This is why an experienced attorney is necessary. They can look at the suffering you or your loved one has gone through, and immediately know how much compensation you can receive. Without an attorney, you might settle for peanuts when you could have easily won a ton of money in compensation.
On an average, people who suffer from brain damage injuries can get anywhere from $100,000 to millions depending on the injury. If the damage is too critical and you will never be able to work again, then you will very likely be awarded compensation in millions. However, if the injury is not too serious and you are able to work very soon in perfect health, then the compensation will be on the lower side.