What Factors are Considered When Settling a Traumatic Brain Injury Case

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What Factors are Considered When Settling a Traumatic Brain Injury Case

What Factors are Considered When Settling a Traumatic Brain Injury CaseTraumatic brain injuries can be mild, moderate, or severe. A mild TBI can heal within weeks or months. A severe TBI can cause death or create a lifetime of physical and emotional pain. Many moderate and severe TBI victims lose the ability to work and to enjoy life’s activities. Some victims require years or a lifetime of therapy to be able to function, to concentrate, to speak, and to have some semblance of a normal life. The cost of medical care can be quite expensive. Many victims lose some ability to enjoy life and to function on a daily basis.

Many victims and their families prefer to settle cases than try them in court before a jury. Some of the reasons our clients consider settling a claim are:

  • Jury trials are uncertain. The jury may not find someone is at fault even when the evidence is strong.
  • Jury trials take a long time. It can take a year or more from the date of the accident before your case is assigned to a jury.
  • Payment isn’t due until the jury reaches a verdict. Until the jury makes a decision, the victim or the family of the deceased victim must rely on their own medical insurance or possibly their own motor vehicle insurance to pay all their bills. Even when the jury decides in your favor, the responsible parties may appeal to the appellate courts – further delaying the day when the defendant or insurance company will pay your expenses and pain and suffering.

One of the things our attorneys do is sit down with clients and discuss whether going to trial is the best option for them. Because we are always prepared to go to trial, many of our clients are offered better settlement figures right from the start, because insurance companies know that we’re not afraid to fight for our clients.

What damages are allowed in TBI Cases

Our Nashville TBI lawyers normally demand that the responsible driver, property owner, or other defendant pay the following:

Economic damages. Economic damages involve two parts. The first part is the medical bills you’ve accumulated until the date of the settlement discussion. These are typically verified by adding up the bills from your health providers and getting a statement from your employer, and an appraisal for your property damage. Many TBI victims will have long-term medical expenses and will not be able to earn the money they did before the accident. We work with your doctors to properly determine your prognosis, likely medical needs, and the costs of future medical treatments, medications, and medical devices.

The second part is all of your other bills and financial hardships. This may include:

  • Lost wages
  • Lost earning capacity
  • Property damage
  • Funeral and burial costs in wrongful death cases

Non-economic damages. Non-economic damages are, essentially, everything else. Most of the time, this includes:

  • Physical pain and suffering
  • Emotional suffering including mental anguish, depression, and embarrassment
  • Scarring and disfigurement damages
  • Loss of consortium – a claim made by a spouse or family member because the accident victim can’t prove the same love, companionship, or sexual relations as he/she did before the accident
  • Loss of society and companionship in wrongful death case

Punitive damages. If the defendant’s behavior was intentional and without regard to your safety, a jury may be likely to award punitive damages to deter further misconduct. For example, a driver who drives while drunk, or a company which refuses to recall a car for a defective part, may have to pay punitive damages. They are designed as a punishment to deter further wrongdoing.

At the Rocky McElhaney Law Firm, we work to get you every dollar you deserve. We work with professionals to fully understand your future needs and your current damages. Our Nashville, Hendersonville, and Knoxville take cases on a contingency fee basis, which means our lawyers get paid only if your case settles or we obtain a jury verdict in your favor. To speak with our respected lawyers. please call us at 615-246-5549 or fill out our contact form to make an appointment.