Head injuries can vary from concussions to any form of Traumatic Brain Injuries (TBIs). These injuries can be moderate or severe, leading to amnesia (short or long term), cognitive difficulties, and specific behavioral patterns. That said, if someone is at fault for your head injury, it’s expected that you try to establish a compensation value.
By opting for a personal injury settlement, you save yourself and the defendant time and legal fees. However, the compensation you end up with is dependent on the merits and facts attached to your case.
Depending on the severity of your head injury, you’ll want to seek out a compensation value that’s fair on all fronts. Since these head injury claim cases might prove challenging, we’ve put together some points that can make this seemingly tiresome litigation journey a tad bit smooth sailing.
Head Injury Cases: Common Damage Forms to Anticipate
With head injuries, there are two significant forms of damages: special damages & general damages. Let’s see what each aspect entails:
Special Damages
Commonly referred to as purely economic damages, special damages are quantifiable losses stemming from an injury.
Here, definite monetary value placement is feasible. Noteworthy mentions include:
- Unrecoverable earnings
- Losing the capability to make wages
- Medical treatments and what they cost
- Burial expenses (in the event of a head injury victim’s death)
- Repair and replacements charges on properties
General Damages
Unlike special damages, it’s almost impossible to put a definite financial commitment on general damages. Common examples include:
- Suffering and pain
- Irreversible mental conditions
- Loss of tools that make life enjoyable
- Emotional complexities
- Losing a close relative, organization, or consortium
Head Injury Settlements: What Does History Tell Us?
Taking a trip down memory lane, let’s take a peek at some head injury settlements of times past.
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$26 Million in Settlements
A man who suffered permanent mental damage due to a truck crashing into his car was awarded $26 million. This ruling took place at a Floridian court.
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The $14 Million Verdict
When a woman had a traumatic head injury due to a tire failure on her bike, she got $14 million in compensations.
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$800,000 Paid Out in Compensation
Getting into a car accident and suffering from short-term memory loss, depression, mood swings, and fatigue, a woman based in North Carolina got a compensation worth $800,000.
Head Injury Settlements: Factors That Determine Their Values
From the real-life settlement cases we’ve just established, you’re probably wondering why there’s a varying value attached to each. Therefore, let’s understand what factors contribute to a compensation value:
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Degree of Liability
When the cause of a head injury has been established, compensation, most times, is on the high side.
However, if there’s a “grey zone” in the mix, the defendant might not budge, and this can lead to a reduced settlement.
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Number of Defendants
Sometimes, when there’s a head injury litigation in place, there might be multiple defendants.
While this might seem like a welcome development, there are usually issues as to how much each defendant would pay.
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The Plaintiff
Well, if you’ve just drafted a head injury case, your settlement is based on so many considerations.
Typically, your name, age, occupation, and medical history, might affect compensation values.
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Trial Location
Although most individuals don’t place a premium on trial locations, they play a significant role in proceedings.
While some venues might accord higher settlements, others can offer reduced compensations.
Final Thoughts
Are you thinking of filing a head injury claim, and you’re weighing your options? Well, you might want to look towards the legal services of Valiant Advocates to know what options are at your disposal.
To speak to one of our seasoned attorneys, air your reservations without hassles to this toll-free number: (800) 910-6668.