Regardless of how it happens, a head injury can change your life. If you or a loved one was in an accident, collision, or fall that caused a serious head injury such as a traumatic brain injury (TBI) you are probably worried about how you will pay for the necessary medical care and other expenses you will be facing.
If someone else caused the accident that led to your injuries, you may have the right to bring a head injury claim to recover the compensation you need to cover your expenses and other losses
Insurance claims can lead to brain injury compensation payouts, but some insurers refuse to offer a fair settlement for these injuries. If that happens, you should file a head injury lawsuit to protect your rights and your financial future.
Possible Causes and Types of Head Injuries Caused by Someone Else’s Negligence
According to the Centers for Disease Control and Prevention, the most common events that lead to traumatic brain injuries and other head trauma are:
- Vehicle accidents, including:
- Falls
- Firearm incidents, including suicide
- Assaults
- Child abuse
The most severe types of head injury are open (penetrating) head injuries and traumatic brain injuries (TBIs). A skull fracture can be serious, especially if part of the skull damages the brain. Depending on the unique circumstances surrounding the damage, these injuries can cause short-term and mild symptoms or lifelong health problems.
Other less severe head injuries include concussion, scalp wounds, and other closed-head damage. However, even these injuries can lead to serious issues if left untreated. The cost of necessary medical care is usually one of the biggest factors when determining how much a head injury claim is worth.
Common Symptoms of Head Injuries and TBI
The Mayo Clinic published this list of symptoms that someone with a head injury or traumatic brain injury may experience:
- Headache
- Nausea or vomiting
- Fatigue or drowsiness
- Problems with speech
- Dizziness or loss of balance
- Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth, or changes in the ability to smell
- Sensitivity to light or sound
- Loss of consciousness for a few seconds to a few minutes
- No loss of consciousness but a state of being dazed, confused, or disoriented
- Memory or concentration problems
- Mood changes or mood swings
- Feeling depressed or anxious
- Difficulty sleeping
- Sleeping more than usual
If you experienced any of these symptoms, seek medical care immediately. Many of these conditions are compensable through an insurance claim or personal injury lawsuit against the at-fault party who caused your injury.
Understanding the Average Settlement for a Traumatic Brain Injury or Other Head Injury
Since every personal injury is unique, there is really no way to calculate an average settlement for a traumatic brain injury or other types of head injury claim, including concussions or even mild head or neck damage.
The compensation you can expect to receive for a head injury claim will depend on:
- How severe your injury is - A concussion may require less medical care than a severe TBI and might incur fewer medical expenses.
- The cost of current and future medical care - A few months of physical therapy will cost substantially less than in-home care for the rest of your life.
- Ability to work- Someone who misses a couple of weeks of work will require less compensation than someone who can never work again.
- Pain and suffering - Although these factors are difficult to value, a head injury can lead to extensive pain and ongoing suffering that has monetary value and can be requested in a legal head injury claim.
- Life impacts - Can you participate in the same activities you once enjoyed, or are you limited such that you must miss out on aspects of your life you once planned for? Are you struggling with emotional distress or mental anguish and need specialized care to overcome these issues?
Depending on these factors and more, head injury compensation payouts can range from a few thousand dollars to millions of dollars for someone who is paralyzed and forever unable to return to their prior normal life.
How Can a Personal Injury Attorney Hold Someone Responsible for Your Head Injury Claim?
Before you can request compensation from someone for causing your head injury, you must be able to prove they were legally responsible for the accident, fall, or other situation that caused your injuries. A skilled personal injury lawyer can gather the necessary evidence to build a solid case and show the other person’s negligent behavior caused your injuries.
California law requires proof of four legal elements to establish liability for someone else’s injuries and financial losses due to negligent behavior.
To hold someone liable for your losses, your injury attorney must show:
- The at-fault party owed you a duty of care
- That person breached their duty of care
- You were injured as a result of the breach of duty
- Your injuries and financial losses were caused by the at-fault party
To prove these elements, your lawyer may need specialized evidence and testimony, including accident reconstruction experts, medical specialists, occupational calculations, and other complicated forms of information. The value of your head injury claim may depend on the evidence available to support your claim.
Does the Value of Your Head Injury Claim Change if You Settle or Go to Trial?
Most personal injury claims settle out of court for many reasons. First, when you reach a fair settlement, both sides know how much will be paid and can plan accordingly. If the case goes to trial, a judge or jury could award substantially more or less, so the outcome is unknown and, therefore, more risky.
Also, the cost of going to trial can influence settlement discussions since insurance companies don’t usually want to spend the additional money it will take for a full-blown trial, and they don’t want to risk entry of a high verdict against their insured. Many cases settle even after a lawsuit is filed using pre-trial processes such as mediation or arbitration.
Again, the best way to understand whether you should settle your head injury claim or go to trial is to discuss your unique situation with a skilled injury lawyer.
Contact an Accomplished Head Injury Lawyer for a Free Consultation to Learn More
The best way to determine the value of your head injury claim is to meet with a successful head injury lawyer during a free consultation and case review. At this meeting, you can share your unique story, how you were injured, your symptoms, the care you have received and will need in the future, the expenses you are facing, and the income you are missing due to your injury.
A knowledgeable personal injury attorney will be able to calculate the potential range of fair settlement amounts for your TBI or other head injury, explain your rights, and help you make the best decisions possible going forward.
Don’t Guess. Learn How Much Your Head Injury Claim is Worth By Talking to a Dedicated Personal Injury Attorney Today
If you have suffered a serious head injury, you can’t risk placing your future in inexperienced hands. Trust the legal team that has achieved exceptional results for injured clients for over 40 years. When you work with San Jose personal injury lawyer at Golden State Lawyers, APC, you can rest assured they will fight for full and fair compensation for all your injuries.
You deserve an award-winning lawyer who will aggressively advocate for the maximum compensation for your head injury claim. Call (408) 279-4222 or contact us online for a free consultation today.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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