How Much Is a Head Injury Worth? Exploring Compensation in Brain Injury Cases

Head injuries are among the most serious and life-altering injuries a person can suffer. From concussions to severe traumatic brain injuries (TBIs), the impact of a head injury can affect every aspect of a person’s life.

If you or someone dear to you suffered a head injury due to someone else’s negligence, no one can put a price on what you’ve suffered. However, your changing needs may force you to wonder, “How much is a head injury claim worth?” The factors that determine the legal value of a head injury case are complex. A Clinton brain injury lawyer can help you recover the compensation your family and you will need.

Since 1968, Joye Law Firm has successfully represented victims of brain injuries caused by negligence. We are dedicated to helping South Carolinians recover the money they deserve, as demonstrated by these notable cases:

• $1.35 million settlement for a biker who sustained a traumatic brain injury after a car pulled out in front of him on Rock Hill Highway, throwing him from his motorcycle.
• $3 million settlement for a Simpsonville man who suffered a TBI and complex skull fractures when a drunk driver in a commercial vehicle hit his Sudan.
• $500,000 trial verdict for a woman who was T-boned by a semi-truck, causing a mild traumatic brain injury and injury to her spine.

FREE CASE EVALUATION

The Severity of the Head Injury

One of the primary factors that influence the value of a head injury case is the severity of the injury itself. The severity of your symptoms will directly affect the compensation you receive.

Medical professionals diagnose a TBI as mild, moderate, or severe, using the Glasgow Coma Scale.

Doctors cannot predict the outcome of TBIs, so they diagnose them based on initial symptoms. Even a concussion, sometimes called a “mild” TBI, can bring long-lasting or worsening symptoms. Thankfully, a severe TBI doesn’t always guarantee long-term problems. Some patients recover fully.

Brain injuries can cause headaches, dizziness, confusion, and memory problems. Regardless of their initial diagnosis, some people may suffer from long-term or permanent impairments, including physical disabilities, cognitive deficits, and emotional or behavioral changes.

When your lawyer begins to calculate the compensation you are owed, they will take into account many factors. These can include emergency medical expenses, lost wages, pain and suffering, ongoing medical care, rehabilitation, assistance with daily living, and future needs.

Economic Damages Explained

Economic damages are the quantifiable financial losses that result from a head injury. These may include:

• Medical Expenses

Compensation for medical expenses can cover the cost of emergency care, hospitalization, surgery, medication, and ongoing treatment related to the head injury. In cases of severe TBI, medical expenses may also include the cost of rehabilitation, therapy, assistive devices, and long-term care.

• Lost Income

If the head injury prevents the victim from working, either temporarily or permanently, compensation may include lost wages. Your lawyer will calculate this based on your average earnings before the injury and the length of time you cannot work.

• Future Medical Expenses and Lost Earning Capacity

In cases of severe head injury, the victim may require ongoing medical care and may be unable to return to their previous level of employment. Compensation may account for projected medical expenses and the loss of future earning capacity.

Non-Economic Damages Explained

Non-economic damages are the intangible losses that result from a head injury, such as pain and suffering, emotional distress, and loss of enjoyment of life. A lawyer can help you quantify these damages, which are equally important in determining the value of a head injury case.

• Pain and Suffering

Compensation for pain and suffering takes into account the physical pain, discomfort, and emotional distress caused by the head injury. This may include the immediate pain following the accident, as well as ongoing pain and discomfort during the recovery process.

• Emotional Distress

Head injuries can have a significant impact on a person’s emotional well-being. Victims may experience anxiety, depression, mood swings, and personality changes. Compensation for emotional distress acknowledges the psychological impact of the injury.

• Loss of Enjoyment of Life

A severe head injury can fundamentally change a person’s ability to participate in activities they once enjoyed, as well as their overall quality of life. Compensation for loss of enjoyment of life recognizes the intangible losses that result from the injury.

Fault and Liability: What You Need to Know

The compensation amount you may receive for a head injury will also depend on the determination of fault and liability.

1. Negligence

In cases where the head injury was caused by someone else’s negligence, such as a car accident or slip and fall, the at-fault party may be liable for damages. In personal injury law, the strength of your case will depend on your attorney’s ability to prove these elements:

1. The at-fault party owed you a legal duty of care: Your lawyer will show that the at-fault party had a responsibility to act in a certain way towards the victim. For example, when driving, we expect someone to keep their car in their lane.
2. Breach of that duty: Your attorney will provide evidence that the at-fault party did not fulfill that responsibility. Continuing our example, the person swerved into the lane of oncoming traffic.
3. Harm to the victim: Your lawyer will prove that you were hurt or suffered because of this. In this example, the victim’s head struck the dashboard, causing a traumatic brain injury, a broken nose, and cuts on their face.
4. The actions of the at-fault party directly caused you harm: Your lawyer will link the at-fault party’s actions directly to the harm you experienced. In this example, the victim’s head struck the dashboard because their car was hit by the at-fault driver’s car.
5. The at-fault party’s actions are the actual cause of harm you suffered: The harm would not have happened if the at-fault party hadn’t done what they did. Finishing this example, the victim would not have suffered their brain injury if the at-fault driver hadn’t swerved into their lane.

2. Comparative Negligence

In some cases, the injured person may be found partially at fault for the accident. Under the principle of comparative negligence, the compensation awarded in a jury trial may decrease by the percentage of fault attributed to the injured person.

3. Product Liability

If a head injury is caused by a defective product, such as a faulty helmet or airbag, the manufacturer may be held liable under the principle of product liability. In these cases, compensation may come from the manufacturer, distributor, mechanic, or retailer of the defective product.

Different Types of Insurance Coverage

Insurance coverage may also influence the compensation available for a head injury.

• Liability Insurance

In cases where the at-fault party has auto or homeowner’s insurance, the insurance company may be responsible for paying damages up to the policy limit. However, if the cost of the head injury exceeds the policy limit, the injured person may need to seek additional compensation through a personal injury lawsuit.

• Uninsured or Underinsured Motorist Coverage

If the at-fault party doesn’t have insurance or has insufficient coverage, your own uninsured or underinsured motorist coverage may provide compensation for your head injury. These coverages protect you after an injury caused by an uninsured or underinsured driver or a hit-and-run accident.

• Health Insurance

Your health insurance may cover a portion of your medical expenses related to the head injury. However, health insurance may not compensate for lost wages, pain and suffering, or other non-economic damages. If you later recover a verdict or settlement, your health insurance company may put a lien on your award in the amount they paid for your medical bills. Working with an attorney can often help reduce or eliminate these liens altogether.

Calculating the Value of a Head Injury Case

A TBI lawyer determines the value of a head injury case through a complex process that considers many factors. When you work with Joye Law Firm, not only do you benefit from the experience of one attorney handling your case, but you’ll also get the shared knowledge and experience of our entire team of injury attorneys when determining a fair value for your case.

• Gathering Evidence

To build a strong case, your attorney will gather evidence related to the accident and your injuries. This may include medical records, police reports, video footage, witness statements, and expert testimony.

• Calculating Economic Damages

Your attorney will work with medical professionals and financial experts to calculate the full extent of your economic damages, including current and future medical expenses, lost wages, and lost earning capacity.

• Assessing Non-Economic Damages

Non-economic damages, such as pain and suffering and loss of enjoyment of life, are more subjective and can be challenging to quantify. Your attorney will use their experience and knowledge of similar cases to determine an appropriate value for these damages.

• Uncovering All Available Coverage

Your attorney will explore every possible avenue to secure compensation for you, including uncovering all available insurance coverage and any assets the at-fault party may have. Insurance companies don’t always disclose the full extent of available coverage, and many people are unaware of their own coverage.

• Negotiating with Insurance Companies

In many cases, the at-fault party’s insurance company will offer to settle the case. Your attorney will negotiate with the insurance company to ensure the settlement offer adequately compensates you for your losses. If negotiations fail to reach a fair settlement, your attorney may recommend proceeding with a personal injury lawsuit.

The Role of a Personal Injury Attorney

The legal process after a head injury can be overwhelming, especially when you should be focused on your recovery. A personal injury attorney at Joye Law Firm can help you understand your rights, build a strong case, and fight for the compensation you deserve.

• Investigating the Accident

Your attorney will thoroughly investigate the accident that caused your head injury, gathering evidence to support your claim. This may include obtaining police reports, interviewing witnesses, and consulting accident reconstruction experts.

• Assessing the Extent of Your Injuries

Your attorney will work with medical professionals to assess the full extent of your head injury and its impact on your life. This may involve reviewing medical records, consulting specialists, and obtaining expert opinions on your prognosis and future medical needs.

• Negotiating with Insurance Companies

Insurance companies often try to minimize the amount they pay in injury claims. Your attorney will handle all communication with the insurance companies involved and negotiate on your behalf to ensure you receive a fair settlement.

• Representing You in Court

If a fair settlement cannot be reached through negotiation, your attorney will represent you in court. They will present your case, argue on your behalf, and work to secure a favorable verdict or judgment.

Statute of Limitations Explained

It is important to note that there is a limited time frame in which you can file a personal injury lawsuit for a head injury. This time frame, known as the statute of limitations, varies by state. In South Carolina, the statute of limitations for most personal injury claims is three years from the accident date. However, there may be exceptions to this rule, depending on the circumstances of your case.

Take advantage of your free consultation with an attorney as soon as possible after a head injury. Your attorney can explain the statute of limitations in your case and can take the necessary steps to protect your rights within that timeframe.

The Importance of Seeking Legal Advice

After suffering a head injury, do not accept an initial settlement offer from an insurance company until you consult an experienced Clinton personal injury attorney.

An attorney can explain the full extent of your damages and fight for the full compensation you deserve. They can also handle the legal side of your case, allowing you to focus on your recovery and rebuilding your life.

When choosing a personal injury attorney, remember not all law firms are the same. Look for someone with experience handling head injury cases. You should also consider factors such as their track record of success, communication skills, and dedication to client service.

Since 1968, Joye Law Firm has remained committed to advocating for the rights and interests of injured South Carolinians. During that time, we’ve secured over half a billion dollars in verdicts and settlements for our clients.

If you suffered a head injury, don’t hesitate to seek the legal guidance you need. Contact us today for your free consultation and learn more about how we can help you pursue the compensation you deserve. We take all cases on a contingency fee basis. Our exclusive No Fee Guarantee means you won’t owe us a penny unless we win your case. You owe it to yourself to speak with a member of our legal team to see how we can assist you during this difficult time.