What is Important to Know About Head Injury Settlement Claims?

Two doctors observing a brain x-ray scan.

Head injuries, no matter if big or small, visible or invisible, bumps or open wounds can damage the brain and cause serious issues such as behavioral changes, memory loss, cognitive impairments, and affect the person’s life in general. 

If you had a head injury after an accident, you are perhaps considering filing a lawsuit. This article will help you learn everything you need to know about brain injury settlement claims. If the brain injury is severe, calculating damages for a head injury settlement can be challenging, and it would depend on several factors.

Making a head injury compensation claim

Having a head or brain injury is a serious injury that may affect many aspects of your life (memory loss, behavioral changes, speech changes, concentration difficulties, cognitive problems). Head injuries usually take much longer for recovery and often can affect the victim’s life even after the initial treatment. 

When it comes to making a compensation claim for head injuries, the severity of your injury and the effects it has on the rest of your life will indicate how much compensation you could claim. Head injuries are often resulting in some of the highest personal injury claim settlements. 

Two doctors observing a brain x-ray scan.

Why people make head injury compensation claims?

Head injury personal injury claims are triggered by different accidents. The most common cause of head injuries is motor accidents. 

Workplace injuries – If you have suffered a head injury at work, you should be able to make a claim against your company or employer. Your company may not have taken the right health and safety steps, or they may not have provided you with the right Personal Protective Equipment (PPE) for your job position. Your head injuries might have been caused by insufficient first aid facilities at work.

Motor accidents –  Many cases of head injury happen on the road. A motor accident often causes some of the most serious types of head injuries.

Slip and fall – Slipping, falling, and tripping can also lead to severe head injuries and are a reason good enough for the victim to file a personal injury lawsuit.  Slip and fall injuries can happen anyplace and anytime from walking on the pavement, slipping in a shop, at work, or school. Such accidents are caused by various different factors; even if you were not careful, you could still file a lawsuit against the liable party for keeping the walking surface hazard-free.  

Things to do if you have a head injury

If you were involved in an accident that was caused by another party, no matter how severe your head injuries are, you could file a lawsuit. Here are some useful steps you should take when making a claim:

  • Take photos of the area of the accident, including photos from your injuries. Make sure the photos are detailed and clear. If you are not in a condition to do this, ask someone else to take photos of the accident.
  • Ask witnesses for their names and contact information (if there were any when the accident happened). 
  • Visit a doctor and keep details from those visits because it will help you when filing the lawsuit and seeking your compensation claim. 

Calculating head injuries

Economic damages are calculated by looking at the medical costs and current wages; they are used for predicting the expected lost wages and expected medical costs.  

Your lawyer may hire medical experts to help them determine your future expenses. Most economic damages are obvious, but there might be indirect economic costs that your lawyer can help you receive. 

Economic damages are direct and can be easily calculated. Non-economic damages are a bit more challenging for evaluation and are hard to be awarded because they are not easily tangible and are more difficult to calculate. The most you can get in non-economic damages is ten times whatever you claimed in economic damages.

Damages depend mostly on the severity of the head injury. If you suffer a mild concussion in a car accident, it means that you will not receive the same damages as someone who got serious brain injury that stops them from living and work like they used to.  

No matter how severe your head injury is and no matter how you got it, the best way to file a lawsuit and get a compensation claim is to hire a personal injury attorney who has experience in head injuries.

Our team at Soto Law is here to help you. Allow us to help you and represent your case in court. Call today and schedule your consultation.

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