Incurring a traumatic brain injury (TBI) is a terrifying and life-altering experience. It changes the course of your life instantly. The injury may lead to memory loss, permanent disability, apparent personality changes, etc.
Traumatic brain injury (TBI) settlement amounts differ depending on the severity of the injury. Generally, for serious traumatic brain injury, the settlement amount is high.
Factors in a traumatic brain injury (TBI) settlement
Anyone who sustains a traumatic brain injury (TBI) caused by someone else’s negligent actions should be able to recover compensation for the losses. However, there are various factors that one needs to consider while claiming a TBI settlement.
- The severity of TBI: Every traumatic brain injury (TBI) is unique. Some people with mild concussion injuries may experience symptoms for a few weeks or months, but others might develop a post-concussive syndrome that affects them for a lifetime. So, the settlement amount must be finalized after a TBI victim reaches the maximum medical improvement point. Those who sustain serious injuries are more likely to receive better compensation settlements because their hospital bills are high.
- Stay in the hospital: In some cases of severe traumatic brain injuries, the survivor needs extensive hospital stays. In addition, TBI injuries often produce lifelong disabilities and impairments. Therefore, their visits to various specialists, like X-rays, etc., are more. Hence, such individuals will likely get higher settlement amounts to cover the costs of extensive hospital stays, surgery, rehabilitation, in-hospital care, and follow-up care.
- Ability to work: If a victim has lost income after a traumatic brain injury, then one should demand compensation for the same. This compensation can include claims for lost wages, and earning capacity due to injury.
- Gross negligence: Punitive damages can be added to the settlement if the at-fault party behaved with malicious intent or in a reckless way.
- Non-economic damages: Traumatic brain injury affects victims and their loved ones. Hence, factors like suffering or pain caused by the TBI or losing a loved one lead to a successful TBI settlement.
Ways traumatic brain injury (TBI) settlements improve victims’ lives
Although no amount of money can compensate for the damages and suffering of a TBI victim and their family, an appropriate amount of settlement can aid in easing the burden.
- Support surgeries: Emergency surgeries may be essential after a traumatic brain injury. A doctor may perform surgery to relieve intracranial pressure, access the skull, remove a hematoma or skull fragments from fractures, etc. Also, in some cases, surgery may not be necessary at first, but settlements and lawsuits need to consider the ever-changing requirements of a healing person. An experienced TBI lawyer can factor in, fight for past and future surgeries, and advocate for patient/ doctor discretion.
- Support ongoing medications: After a TBI, certain medications are necessary to treat and address various problems associated with the injury. Post-traumatic epilepsy, mood swings, depression, etc., are commonly observed in TBI patients. With the help of medications and physical therapy, the chances, and speed of recovery increase. However, refilling expensive prescription drugs every month can become a problem, especially if the victim takes some time off work. A proper settlement can cover the required medications and help in recovery.
- Recovery treatment: After discharge from the hospital, various types of resources are available to help with the TBI recovery. A rehabilitation and vocational counseling team maps out a healthy plan to help regain cognitive abilities and job hunt. Cognitive therapy can help cope with memory loss and other challenges if needed. In addition, psychological counseling helps to improve emotional well-being, coping skills, and interpersonal relations. Finally, speech therapy can help regain or develop affected communication skills after TBI if needed. Depending on your treatment need, a TBI settlement can also include the cost of physical therapy, occupational therapy, and rehabilitation. In addition, a skilled TBI lawyer can help you get access to long-term care and, if needed, supervised living programs.
- Counseling: Life after TBI is complicated and overwhelming for the victim and their family. They may experience anxiety and financial strain and face challenges with the changes in relationships with friends and family. In such cases, counseling or psychotherapy is beneficial. In addition, a fair settlement can help with such options without the added stress of its expenses.
- Family support: Owing to the logistics of caring for a TBI victim or hiring help, the TBI victim’s family may suffer tremendous damage in income. However, with the help of a settlement, a TBI victim can get compensation for lost wages, loss of affection, and reduced earning capacity and help them recover.
An experienced TBI lawyer can help you file a lawsuit and fight to get fair compensation for your traumatic injuries.