CALCULATING THE CASE VALUE OF A TRAUMATIC BRAIN INJURY
A traumatic brain injury (TBI) may impair a person’s quality of life for the length of the injury. Additionally, it may have a detrimental effect on the lives of loved ones by imposing weight of care on them while robbing them of the pleasure of their connection.
What were once regular tasks might become challenging or impossible. Once taken for granted, motor capabilities, cognitive capacities, verbal communication, and other talents are abruptly taken away without notice. This is often the result of another individual’s or group’s carelessness or malice.
When this occurs, it is necessary to retain the services of a qualified and experienced brain injury attorney to reclaim financial stability by securing the greatest award possible for pain and suffering, lost earnings, and mental anguish. In some TBI situations, the attorney may additionally seek loss of consortium on behalf of the spouse.
In Person | Phone | Zoom
WHAT ARE THE CAUSES OF TRAUMATIC BRAIN INJURY?
Traffic collisions are a primary cause of traumatic brain injury. Suppose you have a brain injury in a car accident caused by a negligent car, bus, truck, or motorcycle driver. In that case, you have the right under Colorado law to get full compensation for your treatment expenses, lost wages, and other TBI-related losses.
Brain injuries are also caused by sports accidents, slip-and-fall accidents, assaults, swimming pool Accidents, and consumer products that are faulty or harmful. When another person’s carelessness results in a traumatic brain injury, the sufferer is entitled to compensation under the law.
Any legal action arising from brain damage will be determined by the circumstances surrounding the accident.
UNDER-EVALUATION OF A BRAIN INJURY CASE
While the value of a brain injury lawsuit may be large, the costs associated with effectively prosecuting the case are also substantial. A knowledgeable brain injury attorney is well aware of all the expenses related to the case and will spare no expense to get the maximum compensation feasible. Additionally, the attorney will recognize that the common individual lacks the financial means to pay for medical experts, accident reconstruction specialists, damage assessment, vocational experts, court costs, and identifying and interviewing witnesses. In most circumstances, the attorney will accept the case on a contingency basis.
Only once the lawsuit is resolved will a fee be collected and the advance expenses recouped.
FAILURE TO SECURE A SUFFICIENT SETTLEMENT FOR A BRAIN INJURY CASE
Certain lawyers who are inexperienced in TBI matters may not collect enough money in a case to ensure their client’s financial security for the rest of their life. For instance, a lawyer may settle a case for $200,000, which seems like a lot of money given the client’s annual income of
$35,000 at the time. Subtract $60,000 in legal expenses and $40,000 in medical expenses from that total. The customer receives half of the amount, or $100,000. That may still seem to be a sizable sum.
That is until the client discovers that continuous treatments and counseling are necessary and that payment for prolonged treatment is subject to a large deductible and a limit. The client then recognizes that working in their chosen job is no longer practicable owing to deteriorating mental and physical obstacles.
Now, the client must submit a disability claim, which may or may not be accepted, necessitating the engagement of another attorney. The disability attorney must be compensated out of pocket. That $100,000 reward is rapidly eroding.
DAMAGES FOR PAIN AND SUFFERING IN A CASE OF TRAUMATIC BRAIN INJURY
When someone has a traumatic brain injury, they experience bodily injury and psychological and emotional distress. The brain is one of the most vital components of the human body, responsible for physical and emotional, and mental elements of self-regulation.
A traumatic brain injury is true physical injury to the physical root of our mental and emotional states. It hence needs to be recognized as a more severe disability needing more compensation for pain and suffering than the majority of other ailments.
HOW DOES A TRAUMATIC BRAIN INJURY CAUSE PAIN AND SUFFERING?
When our physical source of mental, emotional, and emotional being is injured, various changes may occur that might be distressing to the person. Individuals who have had traumatic brain injuries have been known to experience severe depression due to the many mental repercussions of a TBI. Cognitive abilities might deteriorate, resulting in decreased work performance and eventual unemployment.
Relationships might be strained due to mood swings, symptoms, and rage at the injury’s frustration. Traumatic brain injuries may set off a cascading series of events that can effectively destroy a person’s life. When determining whether a brain injury claim settlement adequately compensates a sufferer, a knowledgeable brain injury attorney will consider this.
SUCCESSFUL BRAIN INJURY ATTORNEYS REAP THE BENEFITS
A traumatic brain injury attorney with expertise recognizes that difficulties may occur in the future or underlying concerns may be present but not adequately identified. He will insist on second views and decisive testing to ascertain the full degree of your TBI.
Certain symptoms, such as lack of attention, impaired linguistic abilities, and loss of thinking, might be subtle or deceptive. The attorney may insist that you have a comprehensive evaluation by a neuropsychiatrist, which might be pricey and not covered by insurance.
This expense will be covered by the attorney in your case as well. If there is evidence of substantial underlying issues, the attorney may retain specialists to demonstrate the lifelong cost of your injuries.
HOW MUCH IS A LAWSUIT FOR TRAUMATIC BRAIN INJURY WORTH?
Thousands of people in the United States suffer traumatic brain injuries each year (TBIs). If you incur a traumatic brain injury due to someone else’s negligence in a traffic accident or other accident situation, speak with an Orange County personal injury lawyer about your legal options.
Can you sue for compensation if someone else’s negligence has injured you? What if you are permanently disabled? Continue reading to learn more about traumatic brain injuries, the expenses associated with TBI treatment, and your legal rights in Colorado.
A brain injury may occur due to a shock, jolt, or blow to the head or as a result of an item penetrating the skull. Mild to severe traumatic brain injuries are possible. Concussions are sometimes classified as “mild” injuries due to their rarity as life-threatening.
According to the Colorado-based Centre for Neuro Skills, minor brain damage may cost more than
$85,000 throughout a lifetime, a moderate TBI can cost $900,000, and a severe brain injury costs $3 million. The majority of victims will need the highest amount of compensation possible.
The projected annual cost of traumatic brain injuries in the United States exceeds $75 billion. According to the Brain Injury Association of America, TBI sufferers may anticipate paying the following:
Outpatient therapy: a daily fee of up to $1,000
Rehabilitation at a residential facility: up to $2,500 per day 3. Rehabilitation in a hospital: up to
$8,000 per day
WHAT ARE THE OPTIONS AVAILABLE TO A TBI VICTIM?
Healthcare advocates are worried that public financing is insufficient to provide TBI patients with the services and facilities they need. Few families in Colorado can afford long-term care for a loved one who has received a traumatic brain injury unless they prevail in an injury claim.
If a work-related event causes a traumatic brain injury, the sufferer may be eligible for workers’ compensation benefits; but, workers’ compensation alone cannot cover the cost of the high-quality, long-term care and therapy required by most brain injury victims.
A personal injury lawyer in southern Colorado may evaluate a TBI victim’s case to determine
sufficient legal grounds to file an injury claim. Your attorney may consult with medical professionals and accident reconstruction experts to get the proof you want.
IN COLORADO, HOW ARE PERSONAL INJURY CLAIMS RESOLVED?
Privately resolving a claim outside the courthouse saves both parties the time and money of a trial. This is how the majority of TBI cases in Colorado are resolved. If your attorney cannot reach an acceptable settlement offer during talks, he or she may propose that your case be tried.
Calculating damages in a TBI settlement may be challenging since various variables must be taken into account. Economic damages are intended to compensate victims for measurable monetary losses such as medical expenses and missed wages.
WHAT MUST OTHER FACTORS BE CONSIDERED WHEN TBI VICTIMS PURSUE COMPENSATION?
Noneconomic damages compensate victims for their emotional anguish and suffering, as well as, in certain instances, for “loss of enjoyment of life.” Noneconomic damages often equal 1.5 to 5 times the total economic losses, depending on the severity of the brain injury.
What must other factors be considered when calculating the value of a settlement or jury verdict in a traumatic brain injury case?
LIABILITY: Cases with proven culpability often result in a more favorable settlement than those with contested liability.
MULTIPLE DEFENDANTS: If more than one person is culpable for the accident that results in brain damage and they each have their own insurance company, they may have to agree on a settlement amount amongst themselves.
THE VICTIM: A TBI victim’s age, job status, and prior medical history will almost certainly affect the settlement or judgment amount.
HOW DO TBI VICTIMS FARE FOLLOWING THEIR INJURY?
According to the US Centers for Disease Control and Prevention, an estimated 5.3 million persons in the United States today live with an impairment caused by a TBI. The majority of TBI sufferers struggle with concentration and attention. They often battle with their emotions, memory, and sleep.
TBI patients may have unexpected emotional outbursts on occasion. Numerous victims will have post-traumatic stress disorder (PTSD), depression, or other psychological disorders. A person who has a traumatic brain injury may lose the ability to drive, keep a job, or be an effective parent.
WHY IS IT CRITICAL TO OBTAIN AN IMMEDIATE MEDICAL EXAMINATION?
If you experience any kind of jolt, bump, or blow to the head – even if you feel not wounded – get medical attention within twenty-four hours. This evaluation may establish that you were injured in a particular accident and that your injury did not occur before the event.
Medical records will be required if you and your injury attorney decide to pursue an injury claim. Without the proper paperwork, the irresponsible party may claim that you were injured elsewhere or that you are not badly injured at all.
A personal injury claim may be able to offer TBI patients and their families the financial resources they may need in the years to come. If you have suffered a traumatic brain injury due to someone else’s negligence in southern Colorado, contact an Orange County personal injury lawyer immediately.
IS THERE A TIME LIMIT ON PURSUING LEGAL ACTION?
In Colorado, the statute of limitations for personal injury claims is two years from the date of the injury. Do not wait two years to consult a lawyer. It is vital to get your case in the hands of the appropriate attorney as soon as possible.
If you wait, evidence may vanish, witnesses’ recollections may fade, and medical expenses may mount. If you have brain damage due to someone else’s negligence, you are entitled to quick aid from a qualified attorney, and the law in Colorado will be on your side.
THE LONG-TERM EFFECTS OF TRAUMATIC BRAIN INJURY AND YOUR SETTLEMENT
Individuals who have sustained a TBI may be unable to return to their employment before the event. They may be compelled to accept a lower-paying job or refrain from working altogether. They often struggle with aggression, memory loss, chronic exhaustion, seizures, and other disorders that may impair their ability to do practically any job. During a typical 30- year career, income loss might exceed one million dollars, even for low- to moderate-income earners. When you include pain and suffering, lower quality of life, and future care costs, the
$200,000.00 compensation indicated above should have been ten times that much.
Contact the offices of Warrior Car Accident Lawyers if you or a loved one has suffered a traumatic brain injury, no matter how slight or serious. Warrior Car Accident Lawyers’s lawyers combine compassion with extensive expertise in traumatic brain injury situations.
They have already won record-breaking awards on behalf of individuals who suffered from traumatic brain damage. You cannot afford to take any chance with the quality of your life by employing an attorney. Speak with a knowledgeable traumatic brain injury attorney now to ensure you get the compensation you deserve.