If you have sustained a brain injury in an accident, you will want to make sure you recover compensation for the damages you’ve suffered. However, calculating damages for such an injury can be difficult, because it’s not always easy to determine the extent of the injury early on.
Like with other types of injuries, you can recover economic and non-economic damages in the case, with the amount varying depending on the severity of the injury and other factors at play in the accident. Here are a few examples of some of the factors that will influence the value of your settlement:
- Liability: Your ability to clearly establish the other party’s liability will help your settlement value.
- Plaintiff characteristics: Your age, medical history, occupation and general personality in the court process could all influence the settlement value.
- Defendant conduct: If the defendant’s conduct in the accident was particularly egregious, this could potentially help you recover additional compensation in your claim.
- Mitigating damages: There are some cases in which your own actions may have hurt the value of your claim. If you didn’t seek treatment after your accident, you’ll have higher medical expenses because your injuries became more difficult to treat. In this case, an insurance company might reduce your settlement value due to your own failure to mitigate the damages.
- Prognosis: The long-term prognosis of your condition will have a big effect on the settlement value of your claim. The more serious your condition is expected to be, the more money you stand to gain.
To learn more about how to determine the settlement value of a brain injury claim, meet with an experienced Bradenton personal injury attorney at Goldman, Babboni, Fernandez & Walsh.