Is a Head Injury Settlement Fair? | Patrick Daniel Law

How Much Does a Brain Injury Cost?

The cost of treating a brain injury varies depending on the seriousness. A study of in-hospital costs published in the journal PLOS One demonstrates the wide-ranging expense patients face when they suffer traumatic injury to the brain, with the cost of treatment running anywhere from $2,130 to $401,808.

These figures only account for the cost of caring for a traumatic brain injury (TBI) in the hospital. They do not factor in the costs associated with rehabilitation, the financial impact of job limitations, and the challenges of day-to-day living.

As such, there really is no “average” cost of a brain injury. Each case is unique, and your personal injury claim needs to encompass all of the losses you and your loved ones have incurred. Before you accept any kind of insurance payout, you need to make sure that the settlement offer will adequately cover your damages now and later.

What Costs Are Associated with Traumatic Brain Injuries?

The financial ramifications of a head injury can be extreme. In addition to the high cost of medical care for traumatic brain injuries, ongoing therapy and support may be necessary. Some brain injuries make it difficult or even impossible to return to the career the victim had before the injury, creating immense financial pressure for victims and their families.

In order to calculate what constitutes fair compensation for a brain injury, your attorney will need to assess the value of the following costs:

Medical Expenses

Treating a head injury is a delicate and intensive process. Unsurprisingly, it is also expensive. Health insurance may cover some of the costs, but patients are often left holding the bag for thousands of dollars or more.

You may be entitled to compensation for any medical care you have to pay for on your own after a brain injury. This may include bills associated with:

Transportation to the emergency room
Medical imaging and tests
Emergency room treatment
Surgical intervention
Hospitalization
Medications administered in the hospital
Prescription medications

Recovery from a brain injury comes with its own set of medical expenses. Keep track of any bills you receive for the following:

Physical therapy
Sessions with a psychiatrist
Occupational therapy to aid in performing everyday activities
Vocational therapy (counseling to help patients develop job skills)
Speech therapy
And more

It is also important to document any medical-related costs you pay out of pocket. This may include travel to and from medical appointments, home-based attendant care, and more.

Recovery from a brain injury can be slow and unpredictable. The cost of treatment and ongoing management of symptoms is practically impossible to predict on your own. A brain injury attorney can consult medical and financial experts on your behalf to determine the potential cost of future medical expenses. This expert testimony is crucial for ensuring that a settlement offer is fair.

Loss of Income

A traumatic brain injury can impact your ability to work in a variety of different ways. The following issues can make it hard to return to the job you had before the accident:

Chronic headaches
Seizures
Changes in mood and personality, including depression, anxiety, irritability, etc.
Memory loss and difficulty retaining information
Vertigo and loss of balance
Struggles with problem-solving and making decisions
Communication problems in speech and/or in writing
Hearing and vision loss
Tinnitus
Loss of hand-eye coordination
Paralysis

These and other issues may disqualify you from certain occupations. Alternatively, the complications might leave you unable to perform the functions of the job and/or make it impossible to advance in your career.

You may be entitled to two forms of compensation if a brain injury caused by someone else’s negligence adversely affects your ability to make a living. The first, lost wages, refers to the income you have lost to date as a result of the TBI. Loss of earning capacity is the second.

Loss of earning capacity encompasses the wages, benefits, and other kinds of financial gain you would have earned from your job were it for the head injury. These damages may be substantial, but they require advanced legal knowledge and expert testimony to calculate accurately.

A potential brain injury settlement should compensate you for lost wages and the loss of earning capacity. Don’t accept a payout without first talking to a lawyer about the economic impact that a TBI could have on your ability to work.

How Are Head Injury Payouts Calculated?

Understanding how a brain injury might affect you financially is the first step in determining what your case may be worth. However, are still a number of factors your attorney will need to consider in evaluating a potential settlement:

The Damages in Your Brain Injury Claim

Damages are the losses for which you can recover compensation in a personal injury claim. They include the economic impact of the TBI as well as the non-economic burdens of the injury.

You may be entitled to compensation for the following damages after sustaining a traumatic brain injury:

Current and future medical expenses
The cost of rehabilitation and therapy
Out-of-pocket costs related to the injury
Lost wages and loss of earning capacity
Pain and suffering

Damages for pain and suffering compensate you for the physical, psychological, and emotional effects of the brain injury. Insurance companies frequently undervalue and dispute these damages, so it is important to collect compelling evidence of disability, loss of enjoyment of life, and other issues.

The Severity of the Brain Injury

Although any type of injury to the brain is serious, this does not mean that all head injuries carry the same dire consequences. Mild brain injuries can take several weeks to heal with few ill effects afterward, while more serious trauma can lead to loss of consciousness, coma, and long-term complications.

The compensation you may be due if the brain injury is the fault of someone else will be directly tied to how serious the TBI is and how it will affect your life long-term. Medical records, testimony from doctors, and other evidence can help your attorney determine how much you may be entitled to in your case.

How Long the Brain Injury Will Affect You

Another important consideration is the duration of impairment and complications from the brain injury. Obviously, long-term and permanent effects from a TBI will lead to higher costs and a more pronounced negative impact on your life. If this is the case, the damages in your brain injury claim will be higher as a result.

Facts About You

Though it may seem unfair, insurance companies and the courts will take into account a number of characteristics about the claimant or plaintiff in calculating a brain injury settlement or trial award. Your age, your employment status, if you are married and/or have children, and other factors could all have a bearing on what you may be able to recover.

Issues of Fault

Someone other than you must be at fault for the accident and subsequent injuries for you to bring a claim. To maximize the payout, your attorney will need to identify all of the liable parties.

If a single person is at fault for the brain injury (ex: the driver of a vehicle who causes a car accident in which you hit your head), your lawyer can pursue compensation from that individual’s insurance company. However, if multiple parties are at fault, you may need to file more than one claim.

Comparative negligence is another important element to consider. If you were partly at fault for the accident that led to the head injury, the amount of compensation you can recover will be reduced. Texas law bars you from recovery if you are found to be more than 50% at fault.

Contact a Brain Injury Attorney Today

Head injuries are complex. This makes recovering fair compensation a difficult task.

If you or a loved one suffered a brain injury due to someone else’s negligence, it is important to seek legal counsel as soon as possible. Attorney Patrick Daniel has the experience, knowledge, and resources to handle your claim effectively.

Because no two brain injury claims are exactly alike, it is important to look beyond the so-called “average” payout and focus on your particular losses. Our team takes a Strategic, Meticulous, and Merciless approach to building your case and pursuing the full compensation you deserve.

Please call Patrick Daniel Law at (713) 999-6666 today for a free case review. Our brain injury lawyer serves clients in Houston, throughout Texas, and nationwide.

What Is the Average Payout for a Head Injury?