When a person suffers a traumatic brain injury in a car accident claim, they rightfully want to know what their claim is worth. A head injury or traumatic injury is any injury to the head or brain resulting from trauma, like a car accident. A concussion is an example of a traumatic brain injury.
Average Settlements for a Car Accident With a Head Injury
Each case is different. The truth is, there is no “average settlement” because it is impossible to tell what a head injury claim is worth until you are fully evaluated by medical specialists. The symptoms and problems caused by a head injury can change and evolve over time. The medical literature indicates that it can take up to one year for a head injury to stabilize.
After one year, a head injury may be fully resolved, or the condition may be considered permanent. While temporary symptoms from a head injury may be worth a certain amount, a serious and permanent head injury may be worth much, much more.
What are the factors to determine what a car accident head injury claim is worth?
To value a car accident head injury claim, a variety of factors need to be considered. An attorney can help you consider the amount of a reasonable settlement. Below are some factors to analyze:
1. How much are the past medical bills?
Insurance companies place a lot of value in the amount of the medical bills. However, an experienced injury attorney knows that the head injury is far more serious than the medical bills. When a traumatic brain injury occurs, everything in that person’s life is impacted. More on that below. However, the following medical bills must be gathered and submitted to the insurance company:
- Ambulance ride
- Emergency room visit
- Scans, x-rays, imaging, and the like
- Other stabilization measures
- Hospitalization and nursing care
- Medication and fluids
- Doctor’s appointments
- Physical therapy, occupational therapy
- Mental health treatment
All these expenses that you have to date can be included as you determine the value of your claim.
2. What future or long-term medical bills will you have?
In the case of a head injury, your medical bills may continue long after the case is settled. A victim with severe injuries may need help for a lifetime. An attorney can help put together a future medical cost projection of these long-term expenses to make sure you are not responsible to pay that financial burden.
3. How severe are my injuries?
A mild head injury that causes headaches for only a few weeks may not be that severe. However, a severe brain injury or brain bleed may totally change the victim’s life. In such cases, the consequences of those symptoms must be compensated with a large amount of money to match the harm caused.
4. What other kinds of damages do I have?
In addition to medical bills, you may claim compensation for lost wages, property damage, the cost of household help and other financial losses. These damages are included when you determine what your head injury claim is worth.
5. Are there questions about who was at-fault?
The law in South Carolina requires the party that is at least 50% responsible for the accident to pay the victim’s damages. However, it’s possible that both parties share some fault for the events that caused the accident. Questions of shared fault may reduce the settlement value of a head injury claim. Laws on shared fault vary from state to state, so it’s important to have the counsel of someone who understands how the law is applied to your case and how shared fault may have an impact.
6. How strong is my legal claim?
There are several elements that play into a head injury claim. For example, there may be questions about whether the accident is the actual cause of the symptoms from a head injury. Pre-existing conditions such as mental health, age, and other issues will also factor into the analysis.
7. Are damages capped in my location?
Some states place a cap on non-economic damages in personal injury claims, but South Carolina does not. If these caps apply, they may limit the amount of compensation that you receive.
8. Does the case qualify for punitive damages?
If an accident occurs because of willful, wanton or reckless conduct, the victim may pursue punitive damages. Punitive damages do not directly compensate the victim for their individual losses, although they are paid to the victim. Instead, they are designed to punish the defendant for their actions and send a message to others to deter bad behavior. If you qualify, punitive damages may significantly increase the amount of the claim.
Is there a calculator to know what a car accident claim is worth?
Unfortunately, there’s no calculator to know exactly what a car accident claim is worth. There are several factors that may play into the valuation of a claim. Each case is different. The law recognizes certain categories of compensation, but there are lots of factors. The amount of available insurance coverage is also an important factor in the amount of any settlement.
1. How can an attorney help me?
An experienced attorney for car accident claims with head injuries can evaluate the relevant factors and apply the law. They can give you a range of what your claim may be worth. They can explain the things that may impact the value and what steps you can take to build a strong claim. While there is no calculator to value a car accident head injury claim, you can determine the likely range of the case value based on the facts, the applicable laws and the numerous factors that may have an impact.
2. Receiving the fair value of your head injury car accident claim
Once you identify the full value of your head injury car accident claim, your attorney will help prove the value of your case to the insurance company, judge, or jury. An experienced personal injury attorney will guide you through the process and respond to any legal issues and questions to prevent your from being treated unfairly by the insurance company.
Attorney Consultation for How Much a Car Accident Head Injury Claim is Worth
If you have suffered a concussion or other head injury in a car accident, we invite you for a free consultation with our attorneys. Get a personalized evaluation of how much your car accident head injury claim is worth. See how our team of personal injury attorneys at Bringardner Injury Law Firm can help you receive what you deserve, with no fee unless your claim is successful. Contact us today.