How Much is a Head Injury Claim Worth?

Head injuries can profoundly affect not just the individual who suffers the injury but also their loved ones. When these injuries occur due to someone else’s negligence, victims may seek compensation through personal injury claims.

However, determining the value of a head injury claim involves many factors.

If you sustained a head injury, consult a personal injury attorney immediately. A lawyer can assess your case, calculate your damages, and pursue adequate financial recovery on your behalf.

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What Is a Head Injury?

A head injury is a general term to describe an array of injuries that affect various parts of the head, including the scalp, skull, and brain.

Some of the common kinds of head injuries include:

• Concussions: Concussions are among the most common types of head injuries. It occurs when the brain is jolted or shaken inside the skull, disrupting normal brain function and leading to various symptoms, from headaches and dizziness to balance problems and memory loss.
• Contusions: Contusions are bruises on the brain that occur due to direct trauma. They may cause symptoms similar to concussions but can also lead to more severe complications.
• Skull fracture: Like any other bone in the body, the skull can break. A skull fracture can vary in severity but can cause complications like bleeding or injury to the brain.
• Scalp laceration: A tear in the scalp that can involve bleeding and requires medical attention to treat and prevent complications.
• Epidural hematoma: Bleeding between the skull and the outer layer of the brain, which can result in increased pressure in the skull.
• Subdural hematoma: Bleeding between the brain’s surface and the outer covering (the dura) due to tears in blood vessels.
• Diffuse axonal injury: A DAI is a serious injury caused by severe shaking or rotational forces that cause widespread damage to the brain’s axons, often leaving victims in a coma.

Understanding the type of head injury a victim suffers is important, as it can impact both the short and long-term prognosis, which in turn influences the value of a claim.

Long-Term Complications of Head Injuries

It is possible to recover from a head injury, but in some cases, victims are left to face unfortunate consequences.

The complications associated with head injuries vary greatly based on the type, location, and severity of the injury but can include:

• Cognitive impairments, including issues with memory, attention, and processing speed
• Emotional and behavioral changes, like mood swings, irritability, and depression
• Seizures, especially if there is significant brain damage
• Persistent headaches
• Infection, particularly when there was an open wound or skull fracture
• Vision and hearing problems

In the most unfortunate cases, a head injury can result in a coma or a vegetative state. Victims of head injuries may also eventually succumb to their injuries.

Prompt medical treatment is necessary when it comes to head injuries, although some complications are unavoidable. The long-term impacts of a head injury can make recovery much more difficult and result in serious financial burdens that seem never-ending.

How Do Head Injuries Happen?

Head injuries can happen in many ways.

Some of the situations that put victims most at risk for suffering head injuries include:

• Car and truck accidents: Collisions can cause significant head trauma due to the impact and sudden movements.
• Falls: Slips and falls, especially from heights or on hard surfaces, can result in serious head trauma.
• Workplace accidents: Falls, being struck by objects, or machinery accidents can lead to head injuries in various occupational settings.
• Pedestrian accidents: Pedestrians are vulnerable when walking down the street, and being hit by a car can cause extensive trauma to the head.
• Medical malpractice: Negligence during procedures or failure to closely monitor patients can result in head injuries.

In all of the above cases, the responsible party’s negligence often causes the incident and resulting head injuries. If you suffer a head injury at the hands of another, you can have a valid compensation claim.

Damages Available in Head Injury Claims

Damages can help provide compensation for the expenses and losses stemming from your head injury and other injuries resulting from the same incident. In personal injury claims, damages are typically categorized into two main types: economic and non-economic.

Economic damages compensate for tangible losses, including:

• Medical expenses: All costs related to treatment and rehabilitation.
• Lost income: Compensation for income lost during recovery and potential future earnings.
• Property damage: If applicable, damages for any property lost or damaged in the incident.

Non-economic damages, on the other hand, address intangible losses, such as:

• Pain and suffering: Compensation for physical pain and emotional distress resulting from the incident and injury.
• Disability: Damages for long-term or permanent impairment caused by the injury.
• Loss of consortium: Damages awarded to family members for the loss of companionship and support.

Additionally, in some cases, punitive damages may be awarded. These damages are intended to punish the at-fault party for particularly reckless behavior and deter others from similar conduct.

Understanding the damages available in head injury cases and the compensation you can pursue for your claim is essential. A personal injury attorney can evaluate the details of your case and calculate your damages to ensure you secure proper compensation for your losses.

Is There an Average Settlement for Head Injury Cases?

Those pursuing compensation in a personal injury matter commonly want to know the outcome they can expect. Although many head injury victims wish to know what the average settlement looks like for these types of cases, there truly is no straightforward answer.

Every injury case is unique – no two victims, circumstances, or injuries are alike. For this reason, it’s not entirely possible to determine an average settlement for head injury cases.

Still, a personal injury attorney can provide personalized guidance and give you some clarity regarding the value of your case. Discussing the topic with your lawyer can help manage your expectations.

Medical Expenses

Victims of head injuries often face extensive medical expenses, including:

• Emergency room visits
• Hospital stays
• Surgeries
• Rehabilitation
• Ongoing medical treatments

These costs are usually recoverable in personal injury claims and represent part of your economic losses. Collecting all medical bills and records related to the injury is important for establishing the financial impact of the injury.

Lost Earnings

If a head injury affects your ability to work, you may claim lost earnings. This includes both past and future earnings. In cases where the injury leads to permanent disability, future lost earning capacity can increase the claim’s value.

Pain and Suffering

In addition to tangible economic losses, victims can seek compensation for non-economic damages, commonly called pain and suffering. This encompasses the physical pain, emotional distress, and overall decrease in quality of life due to the injury.

Calculating pain and suffering can be subjective, but factors like the severity of the injury, duration of recovery, and impact on daily activities are considered. Personal injury lawyers utilize certain methods, including the multiplier and per diem methods, to properly calculate the value of pain and suffering damages.

Age and Life Expectancy

In some situations, the injured party’s age can also impact the claim’s value. Younger individuals with longer life expectancies may be entitled to higher compensation for future medical expenses and lost income, while older individuals may have a shorter duration for which they can claim these damages.

Insurance Coverage

The amount of insurance coverage available can also influence the claim’s value and outcome. If the liable party has limited insurance, you may only be able to recover up to the policy limits, which may not be enough to cover all of your expenses and losses. When this happens, your personal injury lawyer can help you strategize to get the compensation you need.

Jurisdiction

The jurisdiction where the claim is filed can affect the value of a head injury claim. Different states have varying laws regarding personal injury claims, including caps on damages, which limit the amount of damages you may be entitled to receive.

Your attorney can further discuss any relevant jurisdictional limitations and their impact on your claim.

Proving a Head Injury

To recover financially from your head injury, you must prove the existence of the injury. Additionally, you should show the severity of the injury, the prognosis, and how it has affected your life.

Typically, proving a head injury requires medical evidence gathered throughout treatment.

Medical evidence and documentation can include:

• Doctor’s notes
• Medical history
• Imaging and other diagnostic tests
• Physical examinations
• Neuropsychological evaluations

Additionally, evidence is utilized to prove other case details, including cause, liability, and damages.

Such evidence can include:

• Witness statements: Accounts from people who observed the incident can help clarify the circumstances leading to the head injury.
• Accident reports: Official reports from law enforcement or workplace safety investigations can provide context and details about the incident.
• Photographic evidence: Photos of the scene, injuries, or safety hazards can support claims regarding negligence or the severity of the injury.
• Expert testimony: Medical professionals can provide expert opinions on the nature of the injury, potential long-term effects, and the standard of care in the case.
• Surveillance footage: Video evidence from nearby cameras can show the incident as it occurred, supporting claims about how the injury happened.
• Personal testimony: The injury party’s account of their experience, including the impact on their daily life, can be essential for understanding the injury’s effects.

Collecting and presenting evidence is key to establishing all necessary details and positively influencing the outcome of the injury claim.

Filing a Claim for a Head Injury: Insurance Claim vs. Lawsuit

When an individual suffers injuries in an accident, there may be multiple avenues to pursue compensation, including insurance claims and lawsuits. The path you take to secure compensation depends on the circumstances of your case.

When the incident involves an insured party, for example, in the case of a car accident or slip and fall, you may start by filing an insurance claim. The insurance company will provide a settlement offer if they approve the claim.

You can accept the settlement offer as presented or negotiate for a better settlement. If your claim settles, you receive compensation, and no further action is necessary.

However, in many cases, the insurance company is unwilling to settle fairly. When this happens, your attorney may advise filing a lawsuit. When you file a personal injury lawsuit, you involve the courts to help obtain financial recovery for your injuries. Settlement is possible in a lawsuit; alternatively, the case’s fate may be decided at trial.

Regardless of whether your case involves an insurance claim, a legal claim, or both, you can rely on a personal injury lawyer to be with you every step. An attorney handling your claim(s) yields much more favorable results.

A Personal Injury Attorney Can Assist You With Your Head Injury Claim

Determining how much your head injury claim is worth is one of the most important details. However, without legal assistance, you’re unlikely to know the value of your claim, which can result in insufficient compensation.

When you suffer a head injury, discuss your case with a personal injury lawyer. A skilled attorney can evaluate your damages, and fight diligently to get you the desired case result.

Time is of the essence when it comes to head injury claims. The sooner you contact a personal injury attorney, the better your chances of building a strong case. Don’t delay, call today.

Schedule a Free Initial Consultation Today!