According to CDC, 1.4 million people in the US suffer a head injury and we can honestly say that New Beford, MA, has had its fair share of head injury victims. Brain injuries can be caused by anything from slip and fall accidents to car accidents. They type of head injuries also vary.
If you have been involved in a head injury in New Bedford, you are probably wondering how much your claim is worth.
Types of Damages
There are two types of damages in head injury cases: general damages and special damages.
Special damages, also known as economic losses, include anything from lost wages, property damages, funeral and burial expenses in the event of a wrongful death case.
General damages include non-economic losses like pain and suffering, emotional distress, loss of consortium, etc.
How to Calculate the Value of Your Head Injury Claim
The severity of your injuries will determine how much you will get in general damages. For instance, a concussion will garner more in terms of damages as opposed to a minor bump on the head.
You should keep a journal of your everyday life documenting exactly how your injuries affect you. If you suffer from headaches, dizziness, memory loss, etc. those are all symptoms of a head injury and should be written down.
Calculating special damages is typically easy to do because everything is straightforward. Medical records, lost wages, etc. are all documented. Perhaps the most difficult thing to calculate would be calculating lost future wages. It’s always advisable to keep records of every visit you make to the doctor and records of your injuries.
Add General Damages and Special Damages
The total sum of general damages plus special damages is the value of your head injury claim.
Make Necessary Deductions and Adjustments
Next, you’ll need to deduct expenses you will not incur and risks you will avoid by avoiding trial. Also, what you will receive in damages will depend on a number of factors such as whether or not you will settle out of court or whether you were at fault.
Compare Recent Jury Verdicts
Finally, it’s a good idea to check data bases of past jury verdicts and compare recent jury verdicts. Supplement your damage analysis with settlements from other head injury cases in New Bedford. But remember that no two head injury cases are the same.
Other Factors that Can Influence your Brain Injury Claim
Several factors can affect how much you will collect in damages from your head injury claim. They include:
The insurance company will try as much as possible to reduce the value of your head injury claim by looking at what you did or didn’t do after the accident. For example, did you seek medical treatment immediately after your head injury? If you didn’t then they might require you to reduce the value of your claim by implying that your injuries weren’t serious enough if you never went to the hospital.
Where Your Case Will be Tried
Some areas have a tendency to award lower damage awards than others. If you live in an urban, densely populated area, you are likely to receive a much higher value for your settlement. Insurance adjusters tend to keep an eye out for such things just in case you have to go to trial.
Characteristics such as your age, medical history, likeability, occupation, etc. will probably affect how much you receive.
How Many Parties are Responsible for Your Accident?
How many people were responsible for your injuries? If there is more than one person, they could all be represented by different insurance companies so there might be differences and issues as to how much each should pay.
In cases where liability has been established, you might be entitled to a higher settlement amount.
A Head Injury Lawyer Has Your Best Interest at Heart
We can tell you from experience that insurance companies do not have their client’s best interest at heart. If you have suffered a traumatic brain injury in New Bedford we can help you by ensuring that you get the best possible settlement amount.
At Kevin P Landry, we stand up to insurance companies to bring you the justice and compensation you deserve. One of our head injury lawyers will visit you in your home, hospital room or you can come to our offices for a free initial consultation. You can also call us at 508-999-0800.