The average settlement for a brain injury caused by a car accident depends on the severity of the injury. If you’ve suffered a minor concussion, you could receive compensation to cover some of your medical bills and other inconveniences. If your injury is more severe, you could be compensated for your medical expenses, lost income, pain, and other struggles.
While there are ballpark estimates you can refer to when trying to figure out how much you might receive from a settlement, it’s difficult to calculate your case’s exact value. Since every brain injury incident is unique, learning more about brain injury cases can give you a better idea of the compensation you might receive.
Damages Available to Brain Injury Claimants
To get a more accurate settlement estimate, it can help to consider the damages you’re owed. Once you’ve identified all the damages you stand to receive and have assigned a dollar value to each one, all you have to do is add all of them up to get your estimated settlement value.
Depending on your car accident and brain injury, you could receive the following damages from a claim:
Brain injuries often require surgery, medications, rehabilitative therapy, and other procedures to treat. You can rack up an enormous bill overnight if you’re in the hospital for a brain injury. Fortunately, these damages can cover all of your current and future medical expenses.
The average brain injury settlement also includes compensation for lost wages. If you had to miss work to attend treatment and physical therapy sessions, these damages can replace the income you missed.
Decreased Earning Ability
Severe brain injury victims are often left with lasting motor function and cognitive impairments. If the effects of your brain injury are expected to prevent you from working in your previous profession, a settlement can help you make up for your decreased ability to earn money.
Vehicle Repair Costs
The money you receive from a brain injury settlement can also be used to repair or replace your vehicle. If your car was badly damaged in the accident, an attorney can make sure you get compensated for your damaged property.
Pain and Suffering
Brain trauma and other car accident injuries can cause a considerable amount of pain and discomfort. When calculating your settlement, you’ll want to include compensation for the pain and suffering you’ve experienced as a result of your injuries.
Suffering from mental illness after a brain injury is an unfortunate yet common outcome for many car accident victims. You may receive these damages if you’ve experienced mental distress or illness due to your injury.
How to Know if You’re Eligible for a Brain Injury Settlement
There are several elements that determine your eligibility for traumatic brain injury compensation. You may be entitled to financial compensation if you’ve experienced the following factors:
You Were in an Accident Caused by Another Party
To pursue a claim for a brain injury, the accident you were hurt in has to have been caused by another driver. An attorney can investigate your collision and search for evidence that shows that the crash was caused by someone else. They’ll use that information to convince insurers that you deserve a fair payment.
You Were Diagnosed with a Brain Injury
Your healthcare provider can perform imaging tests and other procedures to diagnose your brain injury. If you’ve been involved in a car accident and haven’t sought medical attention yet, get checked out by a medical professional ASAP if you experience any of the following brain injury symptoms:
- Worsening headache
- Repeated vomiting
- Trouble speaking
- Sleeping problems
- Mood swings
- Memory problems
- Difficulty sleeping or waking up
You Can Comply with the Statute of Limitations
You won’t be able to get a settlement for a brain injury caused by a car accident if you don’t adhere to New York’s statute of limitations. According to CPLR §214, you have three years from the date of your collision to file a brain injury lawsuit.
If you wait too long to contact an attorney and get started on your case, you could risk missing your filing deadline. If you miss your suit’s due date, it’s highly likely that your case will get thrown out, leaving you with no compensation for your medical bills and other losses.
Average Settlement for Fatal Brain Injury Accidents
If you’re filing a claim for a loved one who sustained a fatal brain injury in a car accident, the compensation you receive might differ from that of a traditional brain injury claim. If your case is successful, you may be awarded any of the following wrongful death damages:
- Medical bills
- Funeral and burial costs
- Loss of financial support from the decedent
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
Pursuing a claim after losing a loved one can be incredibly difficult. Fortunately, an attorney can help you determine the value of your claim and fight for the settlement that you and your family deserve.
Hiring an Attorney Can Help You Get a Fair Brain Injury Settlement
While it’s possible to calculate a rough estimate of your claim’s value on your own, it’s best to leave that job to a skilled attorney. A lawyer can work with your healthcare providers and refer to your accident-related bills to determine how much you’re owed.
Once an attorney has identified all your losses and calculated how much compensation you need, they’ll fight for a settlement that’s large enough to support your road to recovery and help you manage the lasting effects of your brain injury.
Contact a Car Accident Lawyer Today
At Morelli Law, our brain injury attorneys have helped countless clients get the services, resources, and support they need to treat their injuries and lead a normal life. We’ve litigated a number of successful car accident and brain injury claims, and we have the case results to prove it.
Contact our attorneys today if you’re interested in giving yourself the best chances possible at receiving a fair brain injury settlement. We’ll offer you a free case evaluation to determine if you’re eligible to file a claim. If we agree to help you pursue justice, we’ll do everything we can to deliver a life-changing result.