If your traumatic brain injury (TBI) was caused by someone else’s negligence, you have the right to pursue compensation for damages. You might already know that, but you’re probably also wondering what the average settlement is for your type of injury.
The simple and honest answer is: It depends. The amount of your rightful settlement will depend on the circumstances of what caused your injury such as the other person’s actions and the duty they owed to you and the extent of the injuries you sustained.
A Florida traumatic brain injury attorney from Lytal, Reiter, Smith, Ivey & Fronrath can help determine if you have a viable case, including if someone else is liable for your damages, and will help you determine the range of what a reasonable settlement might entail. Contact us online or call (561) 655-1990 to schedule your free consultation today.
Keep reading to learn more about the factors that help determine a personal injury settlement or award for a traumatic brain injury.
Because TBIs are so serious, they often lead to higher settlements
A TBI can lead to long-term and life-altering consequences, including significant medical bills and a negative impact on your ability to work or enjoy your life as you had before your injury.
Before you can calculate a fair settlement for your injuries, you need to collect evidence to determine the cost of the medical care you’ve incurred so far, the medical care and treatment you’ll likely need in the future, long-term effects on your life and overall well-being, and any impacts your TBI might have on your earnings potential.
Calculating these damages can take time and experts, but generally a rough estimate can be obtained by looking at the results of cases with facts and injuries that were similar to yours.
Damages in your TBI settlement
Economic damages
The most sizable portion of your TBI settlement will usually be from economic damages including medical bills, lost wages, impacts on your earnings ability, and your anticipated future medical needs, however, you can only recover damages that are supported by evidence.
The following factors are taken into account when calculating the amount in damages your TBI settlement should include:
- The extent and severity of your injury
- The duration of time required to recover, and your recovery potential
- Long-term consequences and effects of your injury, such as whether or not you need assistance or you have changes in your mobility
- The cost of medical care
- Your loss of income and earnings potential.
Non-economic damages
A TBI can permanently alter your brain chemistry or your mobility. When these changes reduce your quality and enjoyment of life or caused you substantial distress, you can recover damages for this as non-economic damages, often referred to as pain and suffering.
Determining the amount of non-economic damages is more difficult than economic damages. They’re usually calculated by applying an appropriate multiplier to your economic damages, however it requires years of experience to know how to properly do this.
Discuss you or your loved one’s traumatic brain injury with a lawyer
You’ll need to effectively claim and prove both your economic and non-economic damages within the statute of limitations for your specific case. The experienced Florida traumatic brain injury attorneys from Lytal, Reiter, Smith, Ivey & Fronrath are standing by to provide you with a risk-free, cost-free consultation on your case. Call us at (561) 655-1990.
