Understanding the Settlement Value of a Brain Injury

Categories: Personal Injury

Brain Injury

Experienced Attorneys Serving Families of Victims with Brain Injuries in Washington State

Head injuries range from mild to life-threatening. Some head injuries are obvious, such as bleeding from the wound site, while others are silent. Often, an injury to the head leads to brain trauma.

Brain trauma that is severe enough to be permanent or long-term could result in memory loss, cognitive issues, emotional and behavioral changes, and more. Some of these can affect victims for the rest of their life, and even impair relationships, inhibit their ability to work, and leave them dependent upon others.

After a serious brain injury, at some point, you will contact a personal injury attorney to explore your options. It is hard to determine the proper settlement for these types of injuries, because often they have long-term costs that a victim is unaware of. While you may be tempted to accept a settlement from the insurance company, explore your options first by contacting an attorney.

Types of Damages Associated with a Brain Injury

With a brain injury, there are two basic types of damages:

  • Special Damages – These are also referred to as economic losses and include medical expenses, lost wages, lost future wages, property damages, and funeral costs (if a death occurs).
  • General Damages – Also referred to as non-economic losses, these damages include items that are harder to quantify, such as physical pain, emotional suffering, shock, loss of consortium, loss of relationships, emotional distress, etc.

How Damages Are Calculated with a Brain Injury

An attorney will use a complex system for determining the appropriate damages and respective settlement minimum. To do this, he or she will first:

  1. Calculate economic losses. All economic losses you have suffered to date will be accounted for. This is easy to do because you will have medical statements, outstanding medical bills, insurance explanation of benefits for paid claims, and more. For lost wages, your attorney will examine paystubs.
  2. Calculate general damages. Usually, general damages are estimated by multiplying the economic damages 1.5 to five times. The more severe and long-term the injury (which most brain injuries are), the higher the multiplier used by the attorney and insurance company.
  3. Adding special damages together. All special and general damages will be added together for a value.
  4. Considering future costs. Your attorney will then estimate the future costs of your medical bills based on input from your treating physician.
  5. Comparing recent verdicts. One key calculation that your attorney will perform is one that assesses recent jury verdicts with similar injuries. This helps your attorney see what juries are awarding to similar victims and what you could potentially win if your case went to trial.
  6. Savings of negotiations and no trial. If the insurance company is willing to do so, your attorney will calculate the savings of settling outside of court instead of going to trial.

Speak with a Personal Injury Attorney Today Regarding Your Injury

The team at Brett McCandlis Brown, PLLC is here to help you. Contact us and we can meet with you over a free consultation regarding your brain injury. Schedule your no-obligation consultation with our attorneys today by calling 800-925-1875 or requesting more information online.