Accidents are inevitable in today’s time. We hear about various kinds of accidents including road accidents on a daily basis. We all want and try to be safe but in most of the cases, a person suffers injury due to the mistake or negligence of someone else. Any physical injury is traumatic, but, a brain injury can prove devastating for the injured person and the family as well. You cannot get back what you earlier had, but, getting monetary compensation can at least lessen your financial burden when a loved one gets head injured in an accident.
Lawsuits are always a time and energy consuming task, so, many people wonder if it’s even worth to file a lawsuit when you already have a brain injured loved one to be taken care of. So, we have prepared this short guide about the factors that affect the settlement amount in such cases.
Characteristics of the injured person – The compensation amount in case of brain injury can be highly influenced by the characteristics of the person. The characteristics include the age, earning capacity, occupation, prior medical conditions etc. Stated in most simple terms, the higher the value of the injured individual the higher will be the compensation amount allowed to them. A young person earning more handsomely will be able to claim more damages than an older person with lower wages. If the person already had some mental illness the risk of getting reduced compensation amount is very high as the other party can prove that the accident has nothing to do with the mental condition of the injured individual.
Conducts of the defendants – The second factor influencing the compensation amount will be the conduct of the defendant after the accident. When a person injures someone else, even by mistake, it’s his legal as well as ethical duty to get the injured person emergency medical help as soon as possible. If the defendant fails to fulfill his duty towards the injured person, he may be liable for punitive damages in addition to all other damages designed by law.
Conducts of the plaintiff – As the party at fault for the accident is expected to act responsibly, the injured person (and his family) too is expected to act responsibly. You need to put all the efforts to mitigate the effect of the accident. And, if you don’t do so, you won’t be allowed to shift the consequences of your neglect on the other party. The first priority after an accident should be to seek medical attention for the injured person. Your compensation amount might be reduced for your recklessness if you refuse to take the medical treatment immediately and let the situation worsen.
Liabilities of the injured person – A major consideration is given to the liabilities of the injured person while calculating the damages. When the accident affects a person’s earning capacity either permanently or temporarily, it becomes the liability of the defendant to pay for the liabilities of the person. In many cases, the injured person is the sole bread-earner for his family and so the settlement amount is needed to include the needs of the dependants. You must note a point here that where the liabilities are clearly established, the probability of higher settlement amount increases dramatically as opposed to the cases where liability is not clearly established.
The degree of injury – The most important factor deciding the compensation amount is the degree of injury. It includes all medical bills and the future calculation of the rehabilitation amount. When a person is severely injured, the party at fault will need to agree on the higher settlement amount. An injury that disrupts a person’s normal daily life too is a situation where the settlement amount goes higher. The injured person’s spouse too has the right to claim and get compensation for the loss of consortium.
Is it worth to invest your time in a lawsuit to get compensation in case of brain injury?
Even after knowing the various factors affecting the settlement amount you might have a question in your mind whether it is worth to invest your time and energy for the lawsuit. The answer is simply yes! You just need to speak with an injury attorney regarding traumatic brain injury damages and you’ll get help in getting your deserved compensation amount. You must know that an expert attorney is as important as the above-mentioned factors in determining the settlement amount you receive. The more competent attorney you hire the greater will be the amount you receive as a settlement amount for traumatic brain injury damages.