Head injuries are devastating; even relatively minor accidents can lead to debilitating injuries and the potential for permanent brain damage. If you are the victim of another person's negligence, you may be able to collect a settlement that will pay for your medical expenses, lost wages, pain and suffering and more. The amounts offered to victims of head injuries can vary greatly depending on many factors, so read on to learn more about how damages for this types of injury are calculated.
Head Injury Damages May Be Complicated
Head injuries encompass the spectrum from mild concussions to major, irreversible brain damage, and many times the full extent of damage is not seen until some time after the accident. Injuries that at first appear to be minor can evolve into long-term conditions involving memory, cognitive issues and emotional problems.
To prove damages, any head injury requires careful documentation. Journals, medical records and statements by family, friends and co-workers should form a complete package to present to the at-fault party's insurance company. The effect the injury has had on your day-to-day life, and that of your family, should form the cornerstone of evidence and trigger the target settlement offer.
Calculating Personal Injury Damages
The at-fault party's insurance company or attorney will base their initial settlement offer on a mathematical formula, multiplying your medical expenses by the severity of your injury. The severity is determined by your medical diagnosis, the effect the injury has had on your life and your ability to work at a job.
In addition, the factors below influence the settlement offer:
- Liability (or fault) percentages: Many accidents involve at least partial fault by more than one party. For example, you were speeding when entering an intersection and were struck by another vehicle that ran a red light. You may be partially liable for your injuries since they could have been more severe because of your excessive speed at the time.
- Recent judgments: Your locality and the average judgment paid out for similar cases influences your offer amount.
- Plaintiff characteristics: Your education level, previous salary, age and prior medical history all play a part in settlement offers.
The determination of damage settlements is a complicated issue, and the calculator and factors above are only the beginning. The figure arrived at after calculations is the starting point for the next phase in your personal injury process, settlement negotiations. Ensure that you get the full amount you are entitled to receive by contacting a car accident attorney like Jacobs & Barney LLC early on in the process to assist you in getting fairly compensated.Share