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Brain injuries can have a significant impact on an individual’s life, causing physical, cognitive, and emotional harm. If you or a loved one has suffered a brain injury due to someone else’s negligence, it’s natural to wonder how much your brain injury case is worth. Understanding more about brain injuries and the process can help you determine the value of your case, making it easier to decide if you want to pursue a legal claim.
The value of a brain injury case can vary greatly. Below are some key factors that may affect the worth of your brain injury case:
One of the primary components of a brain injury case’s value is the cost of medical treatment. This may include emergency care, surgery, rehabilitation, medication, and assistive devices. Present and future medical costs must be taken into account. Working with an experienced personal injury attorney and medical experts will help accurately estimate these costs to ensure you receive fair compensation.
Your ability to work may be affected in the aftermath of a brain injury, resulting in lost wages and reduced earning capacity. Lost wages refer to the income you’ve missed due to your injury, while lost earning capacity assesses the potential earnings you’ll miss in the future due to your inability to work or reduced potential as a result of your injury.
A brain injury can lead to both physical pain and emotional suffering. These non-economic damages are more difficult to quantify but can be significant contributors to the overall worth of your case. Factors that may influence the value of pain and suffering damages include the injury’s impact on your relationships, emotional well-being, and enjoyment of life.
Another factor that can affect the value of a brain injury case is the insurance coverage available. The worth of your case may be limited by the policy limits of the at-fault party’s insurance coverage or your own underinsured/uninsured motorist coverage.
If you are partially at fault for the accident that led to your brain injury, the value of your case may be affected because of a legal doctrine called pure comparative negligence. Under this law, the amount of compensation you can receive will be reduced based on your percentage of fault in the accident:
“The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.”
For example, if you are determined to be 30% responsible for the accident, your compensation will be reduced by 30%.
Brain injuries tend to be complex and unpredictable, and their long-term consequences can vary widely. Some factors that influence the lifetime cost of a brain injury include:
Having suffered from a brain injury can be overwhelming. In addition to struggling with your physical wellbeing, you may also find yourself dealing with confusion, anxiety, or frustration. Fortunately, there are some steps you can take that will speed up the healing process and help maximize recovery potential.
The first step in looking after yourself post-brain injury is to seek medical attention as soon as possible. Even if symptoms seem minor at first, it’s important for doctors to assess any pain or sensitivity and see what type of long-term problems could arise down the line if left untreated or misdiagnosed.
Documentation is also crucial. Keep track of all doctor visits including dates visited, medication given, tests performed, and anything else that is done to help your recovery. This will not only ensure that you heal properly, but will also help you with any future claims for compensation.
Brain injuries often require months or years’ worth of recovery time, which entails not only physical rehab but psychological counseling too – all while potentially living without any money coming in. Personal injury lawyers have the experience and knowledge to deal with complex brain injury cases and can navigate the legal process on your behalf. They can help you handle the situation and recover the compensation you’re entitled to.
Recovering from a brain injury often requires a combination of therapies, such as physical therapy, occupational therapy, and speech therapy. Adhering to your prescribed treatment plan is crucial to maximize your recovery and regain as much function as possible.
Documenting your symptoms, emotions, and struggles throughout your recovery can help both your medical and legal teams understand the extent of your injury and its effects on your daily life. This evidence can be used to build a stronger case for compensation.
If you or a loved one suffered from a brain injury, it’s vital to learn absolutely everything you can about the condition. By educating yourself on the topic, it will ensure that your healing and recovery is as informed and productive as possible. It may feel overwhelming at first, but there are many resources available both online and offline dedicated to this particular topic.
Don’t be afraid to reach out for help either. Your friends and family can provide assistance by simply being there to listen to your struggles.
If you’ve experienced a brain injury, it’s important to work with a Phoenix brain injury attorney who can help you navigate the complexities of your case and ensure that all the relevant factors are taken into account. Contact us today to schedule a free consultation.