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How is a Brain Injury Settlement Calculated?

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Published in brain injury on October 25, 2018.

Even a minor brain injury can be incredibly disruptive to a person’s life. A serious brain injury can permanently impact a person’s ability to walk, speak, work, or care for themselves independently. In serious cases, a person who has experienced a traumatic brain injury may need 24-hour care. If an injury was caused by someone else’s negligence, a lawsuit may be able to help brain injury sufferers and their families recover the costs incurred as a result of the injury. The amount of a final settlement will depend on the severity of the injury as well as what coverage is available.

In cases where there was only a minor brain injury, the primary costs associated with the incident are usually medical bills and lost wages. An insurance company will look at the cost of the medical bills and any wage loss as well as the plaintiff’s medical diagnoses. Damages that are easy to calculate like medical bills are known as special damages, while damages that are more difficult to associate with a dollar amount are called general damages. The total amount of settlement is based on the number of medical bills and other actual costs incurred plus an amount for other damages like pain and suffering.

In cases where an injury was very severe, there may be additional costs incurred such as rehabilitation costs. If the plaintiff will no longer be able to work at the job that they did before the injury occurred, there may be economic losses. Some plaintiffs may need to have their housing arrangements modified, which should be taken into account in any settlement with an insurance company. In some cases, an attorney may consult an expert to determine what losses are expected to be incurred in the future. For example, if a case involves future economic losses due to the loss of a career, an economic expert may be able to estimate the amount the plaintiff would have earned during his or her working life if the injury had never occurred. In cases that involve a serious brain injury, a settlement may include damages that are expected to be incurred in the future along with medical bills, lost wages and compensation for pain and suffering.

If you or a loved one has suffered a brain injury as a result of someone else’s negligence, David Ricks, a Macon brain injury lawyer can help. David Ricks is an experienced personal injury lawyer who can help get the money that you deserve. Many insurance companies will try to get a plaintiff to settle for less than a case is worth or will delay settling the case until the plaintiff gets tired of waiting and agrees to take less money. It is important for plaintiffs not to prejudice their own case by waiting too long to contact an attorney, because in Georgia, a two-year statute of limitations applies to personal injuryclaims. The attorneys at Nelson & Smith will aggressively pursue your case and ensure that you are treated fairly by insurance companies. Call (478)746-1468 to schedule a consultation.

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