If you recently suffered a head injury in Hyannis, MA, you might be wondering how much your claim will be. The value of your claim will depend on how much you are willing to accept as a settlement or if you would prefer to file a head injury lawsuit to boost the value of your claim. Whichever course of action that you take, you will need to consult with a head injury lawyer near you to ensure that you are making the right decision.
In this article, our Hyannis traumatic head injury lawyer will explain how to calculate the damages you might be entitled to in your claim.
Types of Damages in a Traumatic Head Injury Claim
There are two types of damages in a traumatic head injury claim:
Special Damages
These are considered as economic losses and they include:
- Lost wages
- Medical expenses
- Lost earning capacity
- Property damages
- Burial and funeral expenses
General Damages
These are damages that are considered as non-economic losses and they include:
- Emotional distress
- Loss of reputation
- Loss of companionship
- Shock and mental anguish
- Loss of consortium
- Pain and suffering
- Humiliation and embarrassment
How to Calculate Damages in a Head Injury Settlement
Special Damages
It’s easy to calculate special damages because you just have to show records of all the treatment procedures you underwent, prescribed drugs, etc.
It’s also easy to calculate lost wages if you can prove how much you earned before your accident.
The challenge, however, will be calculating future lost earning capacity.
How to Determine Future Lost Earnings
Future lost earnings do not only include a future paycheck but they also include loss of retirement benefits or pension. The value of future damages must be reduced to the current dollar amount.
Courts use present value to avoid overcompensating personal injury victims. For instance, what a dollar could buy ten years ago is probably not what it can buy today. The calculation of the present value takes into consideration inflation, interest rates, and other economic indicators.
Lost earning capacity is calculated based on a person’s ability to earn a living. The court will look at your earning capacity before your accident and how your injuries have affected your earning capacity. The court will then calculate your damage based on the difference in your potential earning power.
If you were not completely disabled by your injuries, that doesn’t mean that your claim for future lost earnings will reduce or be ruled out altogether.
General Damages
Depending on the severity of your injuries, your damages might be 1.5 to 5 times your special damages. A minor head injury like a bump or a scrape won’t get you big settlement like a brain injury would.
Always keep a journal of how your injuries affect your daily activities. Take note of any physical pain or mental anguish that you go through as well.
Add the General and Special Damages Together
The total value of your head injury claim is the sum of your general and special damages.
Main Factors that Can Affect Your Settlement Value
Location of Your Trial
If you live in an urban community, you are likely to be awarded a much bigger reward than if you lived in a conservative community. Keep in mind that adjusters are usually aware of this fact and know what will happen if your case goes to trial.
Your Characteristics
Factors such as your gender, your age, your job, your likeability, and so on could play a part in the outcome of your settlement. For example, a woman who works as a model and suffers significant scarring as a result of their head injury will get much higher compensation than a middle-aged woman who is a housewife.
Liability
If the liability in your head injury case is clear, you can expect a much higher settlement than if liability was in dispute.
Mitigating Damages
You must reduce the amount you are asking for in damages if the situation makes sense for you to do so. For example, if you suffered a concussion but never went to the hospital to get checked out and now your injuries are severe and difficult to treat, your insurer might reduce the value of your claim.
A Hyannis Traumatic Head Injury Lawyer Can Help With Your Case
If you have been in an accident and you suffered a traumatic head injury in Hyannis, our traumatic head injury lawyers can give you expert legal help. Schedule a free initial consultation with us today by calling 508-775-1660 or by visiting our offices.
