You must calculate the cost of your recoverable damages to determine how much your head injury claim is worth. Your medical bills, income losses, and property damage all play a role in the value of your case. If you sustain a head injury because of someone else's negligent or purposeful actions, you could file a claim against that person.
An attorney could help you identify your damages so you can understand the value of your case. Not only will they help you identify your financial losses, but they can also help you determine the cost of your non-monetary losses. By hiring an attorney, you can rest assured that you seek fair compensation for the damages you suffered.
Compensation You Could Recover in a Head Injury Claim
The compensation you could recover in a head injury case depends on the value of your recoverable damages. You can seek these damages by filing a claim against the person who caused your injuries. Typically, their insurance company must pay you for your losses.
Without an attorney, you could find it difficult to identify all of your damages. While it's easy to identify medical bills and calculate their value, non-economic damages, such as pain and suffering and mental anguish, could be more difficult to calculate. To ensure you get accurate calculations for these damages, seeking legal representation can help you significantly.
Your recoverable damages may include:
The medical expenses you could accrue after suffering from a head injury could add up exponentially. If you have a head injury, you could need daily rehabilitation or frequent hospital visits. Each time you see a medical care provider, you could have out-of-pocket costs associated with that visit.
Fortunately, you have recourse. You could avoid covering the complete costs of your medical bills by including these costs in your claim.
Examples of medical costs you could include in your head injury claim include:
- Hospital bills
- Doctor's appointment copays
- Speech therapy or occupational therapy bills
- The costs of prescription and over-the-counter medications
- The costs of assistive medical equipment
- The cost to modify your home if you need wider doorways or ramps because you now have to get around in a wheelchair
In addition to these costs, you could incur many other medical care costs if you often need emergency medical services or have long hospital stays. An attorney can help you determine the total cost of your medical expenses and help you ensure no cost is overlooked.
Life Care Expenses
If you suffered a head injury, you could struggle to take care of yourself. Your family may need to hire people to help you manage your home, medical health, and other obligations you have.
Examples of costs you could accrue for life care expenses include:
- A house cleaner
- Grocery shopping assistance
- Meal preparation assistance
- Nursing care for hygiene needs
- Mobility assistance
- Assistance with dispensing medications
When you file your original claim, you might not think of the life care expenses you will require after your head injury. Since your attorney has likely handled similar cases, they might understand the expenses you could accrue for life care.
Certain head injuries could limit your ability to work. Even if you're out of work for a short period of time, you may lose out on income you would have earned. Losing your income could put a significant strain on your financial situation. You need compensation for these losses to avoid financial ruin.
You need compensation for the future income losses you could face if your head injury makes it impossible for you to return to work. Your family could have relied on your income, retirement, and healthcare benefits. Through your claim, you could seek compensation for that loss, so you don't have to worry about your inability to work on top of other issues your head injury has caused.
Wrongful Death Damages
If your loved one died from a head injury, certain family members may recover wrongful death damages. When you work with a lawyer, they can explain who may file a wrongful death case, since each state has different laws regarding wrongful death.
Recoverable wrongful death damages can include:
- Loss of companionship: If your loved one suffered a brain injury, they might lose their ability to provide the same level of companionship they could before.
- Medical expenses: You can recover compensation if your loved one was treated in the hospital before they passed away. Any medical bills your family incurred related to your loved one’s fatal injury are compensable.
- Funeral and burial costs: It is often expensive to host a funeral and make final arrangements for your loved one. Your lawyer can help you seek compensation for these costs.
- Lost income: You may recover the income your loved one would have earned if they lived.
- Loss of services: If the decedent usually took care of your children or otherwise provided for your household, you may recover compensation for their loss of services.
When your attorney considers how much compensation to seek for a wrongful death case, they can consider the stability of your relationship before the accident and the contributions your loved one made to you and your family before they sustained injuries.
Pain and Suffering
Pain and suffering is a non-economic damage that compensates you for the physical pain you felt because of the head injury. Because this loss doesn’t have a monetary value, you don't have any physical proof or receipts to know how much compensation you could seek.
Your attorney can assign a value to your pain and suffering. They can speak to your doctor, friends, and family members to gain an understanding of your condition before the accident. They can also use your medical records to assign a value to your pain and suffering.
By considering factors such as the severity of your injuries and the degree of pain you experienced, they can make an educated calculation of how much to seek for your physical pain.
Loss of Life Enjoyment
Loss of life enjoyment is a non-economic damage that your attorney can assign a value to. You could seek compensation for these losses if you have lost your ability to enjoy activities or hobbies that you could before your head injury.
Your attorney can consider:
- The nature of the activities you participated in before your head injury
- How your injury has affected your ability to continue participating in the same activities you could before the injury
To prove this damage, you could provide your own testimony about how your head injury has prevented you from continuing to participate in activities you once loved. When you hire an attorney, they can inform you about whether you qualify to seek compensation for these damages. Also, they can calculate how much compensation you should seek for loss of enjoyment of life.
If the actions of the at-fault party caused you to experience severe emotional suffering, you could seek compensation for mental anguish. The trauma from the accident could contribute to your mental anguish, and the pain from the injuries themselves could cause you to suffer mentally. People who did not have any mental health disorders before the accident and developed them later can seek compensation for these losses.
Examples of mental health challenges that could entitle you to compensation include:
- Post-traumatic stress disorder
- Trouble sleeping
To prove emotional distress, you could include your personal testimony, testimony from a mental health care provider you have spoken with, and medical records about any physical illnesses you could have developed because of your mental health issues. For example, anxiety or intense stress can cause people to develop gastrointestinal issues.
Anything that could prove you developed mental health issues because of your injury could help to prove your claim.
Any Attorney Can Add Up Your Damages to Determine How Much Your Head Injury Claim Is Worth
The most effective way to find out how much your head injury claim is worth includes speaking with an attorney. They can review your damages to get the closest estimate of your claim's value. When you put your trust in a legal professional, you’ll have more time to focus on recovering from your injuries.
To help you through the claims process, your attorney can:
- Talk to the insurance company, so you don't have to. If you have a head injury, you could deal with headaches or pain daily. Talking on the phone and discussing your claim can make your pain worse. An attorney can take over those communications, so you don't have to focus on those issues. Plus, allowing an attorney to handle this communication ensures you do not say anything that could jeopardize your case.
- Complete the required claims process procedural steps. You won't miss important deadlines and will submit forms accurately with guidance from your attorney. By ensuring you don't submit the claim inaccurately, you can avoid an immediate denial that could slow down the process.
- Provide legal guidance on whether to accept offers from the insurance company. When the insurance company receives your claim, they could make an initial offer. Their initial offer could have a lower value than what you believe you deserve. When you have an attorney representing you and guiding you, they can give you advice on whether the offer they made meets the value of your case.
- Negotiate on your behalf to reach a fair head injury settlement. With the power of strong negotiators on your side, you can rest assured that you will not receive a lowball settlement offer.
- Act as your support system throughout the legal process. The stress of a legal case can consume your life. When you have a legal representative who understands the process and continues to calm your fears, it can make the claims process feel much smoother.
By reaching out to an attorney, you can get the support and legal guidance you need to move forward with a head injury case. They can explain how much your case is worth so that you don't settle for an amount lower than you deserve. Fortunately, many head injury attorneys don't charge money upfront. Therefore, you can gain legal knowledge without having to pay out-of-pocket. You will only have to pay if you recover compensation.
Many personal injury attorneys also offer free consultations to their potential clients. Speaking to a law firm without a financial obligation can provide you the opportunity to determine if they are the right choice to take on your case. By going through the consultation process, you can feel confident that the attorney you choose will have your back through the entirety of your head injury case.