If you suffer a traumatic brain injury in an accident that you did not cause, you could face severe and life-altering consequences. You could suffer from a reduced quality of life, lose out on weeks and months of lost wages, and have to pay for numerous medical expenses that you were not prepared to take on. However, you can claim compensation for your injury through a personal injury settlement. The settlement process can be lengthy, but with the help of a brain injury attorney, you can claim the compensatory damages you need to recover.
How Much Will You Receive in a Traumatic Brain Injury Case?
The number one question that attorneys receive about traumatic brain injury settlements is how much you could receive at the end of your case. However, it is very difficult to estimate the amount you could receive in damages at the end of your case. You can either receive a settlement outside of the courtroom through negotiation or the court will award you a certain amount based on the circumstances of your case. The major variable that will impact your award amount is the severity of your injury.
Brain injuries usually involve higher payouts than other injuries due to their impactful nature. The more severe your injury, the more losses you likely suffered from. Severe brain injuries usually require intensive medical care and involve permanent disabilities, while milder brain injuries do not require that much care. The payout you will receive in your traumatic brain injury claim will likely reflect how severe your injuries are. Severe, paralyzing brain injuries can see settlements in the millions, while lesser injuries can see a settlement in the hundreds of thousands.
What Damages Can You Expect in a Traumatic Brain Injury Settlement?
The main form of damages you can receive in a traumatic brain injury settlement are your past and future medical expenses. The more severe your injury is, the more medical care you will need in the future. You can receive compensation for surgeries, doctor’s appointments, medications, physical therapy, mobility equipment, and all other types of care you will need for the rest of your life.
You can also claim lost wages for your traumatic brain injury. You will likely have to take time off work in order to recover from your injuries, leading to thousands in lost income. You can also claim compensation for your loss of future earning capacity as a result of your brain injury. Your brain injury can lead to long-term physical, mental, and emotional effects that can make it difficult to work.
In addition, you can claim pain and suffering damages in a traumatic brain injury settlement. These include the physical and mental anguish you suffered as a result of your injuries. These damages can include a loss of quality of life, post-traumatic stress disorder, permanent disability, chronic pain, and more.
How to Prove a Traumatic Brain Injury Case
One of the most time-consuming portions of your brain injury lawsuit will be proving your case. When you go to trial for your traumatic brain injury lawsuit, you and your attorney will need to establish the following four factors in order to win your case.
- You must prove that the at-fault party owed you a duty of care.
- You must prove that the at-fault party breached his or her duty of care to you.
- You must prove that the breach of care directly caused your traumatic brain injury.
- You must prove that you suffered injuries and damages because of the accident that you can recover in your lawsuit.
If you suffered a traumatic brain injury that was not your fault, you can claim compensation for your damages. A personal injury attorney can help guide you through this process and help prepare you for trials and negotiations. Contact a Kansas City personal injury attorney as soon as possible to learn more about your traumatic brain injury legal options.