Being injured in an accident can often entitle you to compensation. In some cases, the case may settle out of court, allowing you to receive damages without the stress of taking your case to trial. These settlements vary greatly, and the amount of money you receive in your settlement depends heavily on the extent of your injury and the circumstances surrounding the case. For help with your brain injury case, talk to the Queens traumatic brain injury lawyers at Sullivan and Galleshaw for help understanding what your case might be worth and whether a settlement is right for your case.
How is a Settlement Calculated for Brain Injuries?
The damages you receive in your case will depend on the injuries you suffered and the harm that resulted from that injury. With brain injuries, the extent of the damage you suffered can range from very mild concussions to severe, life-altering brain trauma. The effects that the injury has on your life are also vital in calculating your damages.
In some cases, looking at the average settlement for similar injuries can help you understand the damages you might be entitled to, but damages are tied to the unique factors of your case. In most cases, averages and other peoples’ settlements are not helpful in determining what your case is worth. Additionally, these statistics are nearly impossible to come by, since many settlements are confidential and are not recorded or compiled in studies.
The calculation, instead, comes down to looking at the specifics of your case. If you were injured and required medical treatment, the total cost of your medical care will be one of the main pieces of the damages you need. Settlements are usually designed to cover at least a large chunk of these damages.
If you missed work because of the injury, you may be entitled to compensation for your lost wages. Recovering from a concussion could mean missing work for a few days. The pain and discomfort from a concussion can be exacerbated by bending and lifting, so work should be avoided. More severe brain injuries may make it impossible to work or may prevent you from ever returning to the workforce. The wages you miss and the lost earning capacity can be compensated, but a settlement may only cover a portion of these damages.
The last major chunk of damages in a settlement is for pain and suffering. Comparing your injury case to other cases with similar injuries might help you get a ballpark figure for these damages, but the specifics of how the injury affected your life may be vastly different. The physical pain, the mental suffering, the lack of enjoyment you have in activities, the tasks you can no longer perform, and other factors all contribute to your pain and suffering damages.
Should I Settle My Brain Injury Case?
Settlements may pay a reasonable sum, but they may not fully cover your needs or pay your damages in full. Defendants usually pay settlements to help them avoid the risk of trial. If the at-fault party can avoid a trial and judgment in open court, it may benefit them to pay out a smaller sum now than to pay for trial and a higher payout in court. This means that settlements are often lower than you might be entitled to in court.
Settlements will not always fully cover your damages. This is true both for settlements that the at-fault party makes, as well as settlements paid by insurance companies. Many brain injuries are caused by slip and fall accidents or car accidents, where homeowners insurance or auto insurance can usually pay for the injuries. Insurance policies often pay only a percentage of medical expenses and lost wages and will not cover pain and suffering damages. Settlements paid by companies or corporations may include damages that initially seem reasonable but ultimately fail to pay for your full damages.
However, settlements are not always bad. When taking your case to trial, there is always a chance that the jury might rule against you, which could mean receiving even lower damages or losing your case. Settling your case ensures that you have at least some money, and it relieves you of the cost and time commitment of going to trial. However, the concerns of a settlement being too low are very real concerns, and you should never accept a settlement before discussing your case with an attorney.
Call Our NYC Brain Injury Lawyers to Schedule a Free Legal Consultation
If you or a loved one suffered a brain injury, call our law offices to schedule a free consultation to learn what your potential case could be worth. The New York City personal injury attorneys at Sullivan and Galleshaw represent injury victims and their families and work to get them fair compensation for their injuries. To schedule your free consultation, call our law offices today at (718) 843-0300.