A number of factors will determine the value of your brain injury case. Damages claimed for a typical brain injury case are almost always thousands of dollars and sometimes there are even claims worth millions of dollars. This, however, does not mean that you will receive this much because several expenses have to be taken into account.
Most Plymouth brain injury attorneys are willing to work on a contingency fee basis, meaning they will only be paid if the lawsuit is successful and the amount awarded is actually paid. Preparing a brain injury case is time consuming and expensive so it’s only natural that they will only take a case they feel has a good chance of being successful.
What Expenses are incurred in a Brain Injury Case?
Typical expenses incurred include:
- Costs for interviewing all witnesses
- Court fees
- Fee for damage experts
- Fee for independent medical experts
An attorney who is experienced in dealing with brain injury cases will have an idea of how much money to advance on a case before it goes to trial. If for instance, they advance $100, 000, it means they have a high degree of confidence that your case will be successful and they can recover a large amount of money that makes it worth the time and money.
We always emphasize that you should only hire an experienced attorney because of the intricacies and expense of brain injury cases. They have to understand brain injuries. If you hire an inexperienced attorney, especially one who doesn’t understand that brain injury signs can sometimes be subtle, may settle for a smaller amount. If this happens, your brain injury may worsen over time and somewhere down the road, that small settlement amount may not be sufficient to meet your needs.
Let’s say you were in a car accident and you did not lose consciousness. The doctor does not find anything conclusive even after telling him that you have been experiencing mood swings. So he releases you from treatment and your total medical bill is approximately $30, 000. Your annual income is $60, 000. Your attorney will analyze your case and decide that he can make a claim of between $70, 000 to $120, 000. So if he manages to settle out of court and you are awarded $120, 000, the settlement amount will be broken down like this:
- 33% attorney fees which comes to $39, 600
- $300 to obtain medical records
- $30, 000 medical bills
- This leaves you with $50, 100
This might seem like a fair amount at first until your brain injury symptoms start getting complicated. Your medical bills will start piling up because you have to go back to the hospital for the doctors to treat symptoms they overlooked. In the meantime, you cannot continue working until you are fully recovered. This is when you start to see the $50, 100 you were awarded as compensation was not fair.
Had you taken your case to an experienced attorney, the outcome would have been different. They will interview you and the people you live with to see if there are any symptoms the doctor might have overlooked. Some of the more subtle signs of brain injuries include difficulty concentrating, mood swings, and depression and so on.
They will also refer you to a doctor who has enough hands on experience treating traumatic brain injuries to know how to treat your symptoms effectively. The doctor will run some tests and if they show you have significant problems, your attorney will hire other experts to prove to the court that these problems could affect you economically.
Damages you are entitled to
Loss of Earning Capacity
This is the first loss that’s taken into consideration in a brain injury claim. Brain injuries come with plenty of complications that make it difficult to focus at work. A vocational expert will testify how much of your lifetime earnings will be lost because of your injury.
Life Care Costs
You most likely will need medications and physical therapy. A life care planner will assess and testify about your future possible needs to the jury.
Pain and Suffering
In this case, an expert will not be called in to testify but economic studies will be used to show by what percentage your injury has reduced your quality of life.
If you or someone has recently suffered a brain injury in Plymouth, contact one of our attorneys today. At Kevin P Landry, we can help you get the compensation you deserve and advise you of your legal rights. Simply call us at 508-746-2700 or visit our offices for a free initial consultation.