How are TBI Settlements Calculated?
A traumatic brain injury (TBI) can have devastating and long-lasting effects on a person's life. Since they can cause both physical impairments and cognitive deficits, TBIs require extensive medical treatment and rehabilitation services. They can also prevent someone from working and earning an income. When a TBI occurs due to another party's negligence, the injured person may be entitled to significant compensation. But how are TBI settlements calculated?
What is a Traumatic Brain Injury?
A brain injury resulting from trauma occurs when the head receives a forceful impact or sudden movement that interrupts the brain's normal functioning. TBIs range from mild concussions to severe, life-threatening brain injuries. Common causes include falls, motor vehicle accidents, assaults, and sports injuries.
The effects of a TBI depend on the severity and location of the injury. Possible consequences include:
- Physical problems like headaches, fatigue, seizures, muscle spasticity, loss of coordination, and sensory problems.
- Cognitive deficits such as impaired memory, attention, concentration, judgment, and problem-solving.
- Emotional and behavioral issues including depression, anxiety, aggression, impulsivity, and personality changes.
- Coma and disorders of consciousness.
- Death (in cases of catastrophic brain injury).
Treatment involves emergency care, hospitalization, medications, surgery, and extensive rehabilitation. Many TBI survivors require lifelong care and support.
The Role of a Traumatic Brain Injury Lawyer
If someone else’s negligence led to your traumatic brain injury, you have the right to pursue compensation for your losses. However, TBI claims involve complex medical and legal issues. An experienced Los Angeles brain injury attorney can help maximize your settlement.
A lawyer will investigate your accident, gather evidence establishing liability, consult medical experts, calculate damages, negotiate with insurance companies, and take the case to trial if needed. With an attorney fighting for you, the liable party is more likely to offer a fair settlement rather than risk losing in court.
Elements of a TBI Settlement
TBI settlements are meant to cover both economic and non-economic losses stemming from the injury. Key components may include:
Medical Expenses
This includes all hospital, doctor, therapy, medication, equipment, and care costs related to the TBI - from the initial emergency treatment through to rehabilitation and future medical needs. Keep diligent records of all medical bills.
Lost Income
TBIs often prevent victims from working for an extended time, if not indefinitely. Calculate lost wages from the date of injury to the present and estimated future lost earning capacity. Provide pay stubs, tax returns, and other proof of income.
Loss of Earning Potential
Even if the victim is able to return to work, a TBI may limit opportunities for career advancement and higher pay due to residual disabilities. An expert can compare pre-injury earning potential to post-injury expectations.
Pain and Suffering
While difficult to quantify, compensation can address physical pain, emotional distress, loss of enjoyment of life, disfigurement, and other hardships caused by the TBI. The more severe the effects, the higher this element.
Loss of Consortium
For married TBI victims, there will be compensation for the impact on the spouse’s marital relationship, companionship, and services like homemaking.
Caregiving Expenses
If family members need to take time off work or hire outside help to care for the TBI victim, these costs can be included. Keep records of lost income and payments for home healthcare, nursing, transportation, housekeeping, and other services.
Home and Vehicle Modifications
TBIs often necessitate changes to accommodate disabilities - like building wheelchair ramps, widening doorways, installing grab bars, or modifying vehicles for accessible driving. Keep receipts for reimbursement.
Assistive Equipment and Devices
Items like wheelchairs, hospital beds, lift chairs, ankle/knee braces, hearing aids, memory aids, and voice output systems may be required. Save proof of these costs.
Future Medical Expenses
Since many TBI effects persist lifelong, compensation for predicted expenses like medications, surgeries, therapies, in-home nursing care, and more can be included. Experts can project costs.
How TBI Settlements Are Calculated
Many factors affect the final payout for a traumatic brain injury claim. Skilled attorneys use various methods to arrive at a reasonable value.
Multiplier Method
A simple technique is to multiply the total monetary losses like medical bills and lost income by a number. The higher the multiplier, the more the settlement attempts to compensate for pain and suffering. Multipliers usually range from 3 to 5, but can be much higher with traumatic brain injury.
Per Diem Approach
This calculates pain and suffering damages on a daily basis. Add up all medical expenses and lost earnings, then determine a reasonable dollar amount per day for pain and suffering over the victim’s expected lifetime. Multiply the daily rate by life expectancy.
Comparable Verdicts and Settlements
By researching cases similar to yours that have already been resolved, attorneys can gauge the potential value. Past traumatic brain injury verdicts and settlements will give a reasonable settlement range based on factors like the severity of the injury, plaintiff demographics, liability, medical evidence, and the responsible party.
No two brain injury cases are alike. But reviewing comparable settlements gives a starting point for negotiations. Attorneys will determine where your claim falls on the spectrum.
Maximize Your Settlement with an Experienced Attorney
Suffering a traumatic brain injury can change your life forever. The negligent party should be held fully liable. With sky-high medical bills, lost wages, and unquantifiable suffering, TBI victims need strong legal representation to pursue fair compensation. A brain injury lawyer Los Angeles has the resources and expertise to thoroughly prove your claim and fight for maximum damages.
The accomplished Los Angeles brain injury lawyers at Karns & Karns Personal Injury and Accident Attorneys have secured millions for injured clients. We understand the intricacies of proving liability, determining damages, and maximizing settlement value. Our dedicated team will fight tirelessly so you can focus on recovery. Consultations are free - call us today at (800) 4THE-WIN to discuss your potential traumatic brain injury claim.
