What Is the Average Personal Injury Settlement in a Brain Injury Case?

Brain injuries are among the most common serious injuries reported in the United States. The American Association of Neurological Surgeons (AANS) reports that 1.7 million people suffer TBIs every year. The after effects of a brain injury can linger for months, years, or even permanently. The AANS estimates that 5.3 million people still live with a TBI-related disability or impairment.

Injured victims need financial compensation to pay their bills and support their loved ones. You may want to know: How much compensation can I expect to recover for a brain Injury? The answer depends entirely on the unique nature of your case. Below, our brain injury attorneys provide an overview of the key factors that affect the value of a personal injury settlement.

Four Factors That Will Determine the Value of Your Brain Injury Claim

1. Liability

First and foremost, a claimant’s ability to recover personal injury compensation will depend on their ability to prove liability. In New York, brain injury claims are generally handled under the state’s comparative negligence standard. Proving fault matters: If you are found to be partially responsible for your own accident, your settlement may be reduced proportionally.

2. Damages

Under New York law, injured victims can seek compensation for both their monetary and non-monetary losses. A brain injury settlement should provide financial compensation that is equal to the value of your damages. Depending on the nature and severity of a traumatic brain injury, money may be available for:

  • Emergency room treatment;
  • Medical bills & related expenses;
  • Rehabilitative care;
  • Psychological counseling;
  • Lost wages;
  • Loss of earning potential;
  • Pain and suffering;
  • Permanent physical impairment; and
  • Loss of life enjoyment.

3. Insurance Coverage

The insurance coverage of the defendant(s) may be a relevant factor in your case. Injured victims sometimes find themselves running up against insurance policy limits. An experienced lawyer can help you find every avenue for recovery so that you can maximize your financial compensation.

4. Negotiation

Finally, it is important to emphasize that negotiation plays a significant role in determining the final value of a personal injury settlement. Corporations and insurance companies try to resolve brain injury claims for the lowest amount possible. They will often lead with settlement offers that are far below the true value of your damages. They are not eager to offer full and fair settlements to victims. Do not accept less than you rightfully deserve. You need an attorney who knows how to hold them to account.

Call Our Brain Injury Attorneys for Immediate Help

At Richmond Vona, LLC, our personal injury lawyers have deep experience handling brain injury claims. We help people maximize their settlement or verdict. If you or someone you know suffered a traumatic brain injury, we can help. To arrange your free personal injury consultation, please contact our office today. We handle catastrophic injury claims throughout Western New York, including in Rochester, Cheektowaga, Geneseo, Hamburg, and East Aurora.