Traumatic brain injuries are one of the most expensive physical injuries a car accident victim can suffer. Not only must the patient have extensive medical treatment to both stabilize the situation and help them improve, but the intangible damages are also prohibitively high.
It is vital to recover enough financial compensation when a car accident case involving TBIs is settled to pay for all future needs.
TBI Medical Costs Are High
One study found that the in-hospital cost after a TBI can reach $400,000. Initially, a TBI victim may need a variety of complex brain scans and potentially multiple surgeries to stabilize their brain and reduce bleeding and pressure. Once the patient is stabilized, they will need extensive rehabilitation that can last for the rest of their lives. In the case of a severe TBI, just the cost of medical care can reach $3 million over the course of a lifetime.
Other TBI Damages Can Also Add Up
These are just the medical costs associated with a TBI. The patient may have many other intangible damages for every $1 spent on medical bills. One of the other major components of TBI compensation is lost income that the accident victim cannot earn because of their physical injury.
According to the Centers for Disease Control, more than half of the people who suffer a moderate-to-severe TBI are not able to work after their injury. Even those who can work may not be able to perform the duties they did before the injury, leading to a reduction in their earnings. The responsible party is legally obligated to pay for these damages.
Economic damages only cover part of what an accident victim suffered and endured after their injury. Much of the post-accident experience involves physical pain and emotional turmoil because of the injuries. TBI victims cannot enjoy the life they did before the accident, there can be significant impacts to interpersonal relationships between the injured person and loved ones, and they may also be dealing with depression and anxiety because of their situation.
Pain and suffering damages are often a significant component of the compensation to which a TBI patient is entitled after their accident. These damages may be even more than the victims’ medical bills, depending on the extent of the injury.
You Must Seek Damages Now to Cover the Future
Much of the accident victim’s future is determined some time after they sustained the injury. It may take time to understand the extent of the damage and what the person is facing in the long run.
TBI compensation will cover both the past damages that are incurred and those that will be sustained in the future. The responsible party has a legal obligation to pay for all the harm that they cause. However, the defendant and their insurance company are off the hook for future damages once you sign a settlement agreement. Therefore, the calculation that you do before resolving a claim must be correct.
Of course, TBI patients and their family needs to keep in mind that although a TBI patient may need extensive medical treatment and rehabilitation, that does not stop the statue of limitations from running. As a result, family helping a TBI patient needs to be mindful of filing deadlines and should consult with an attorney as soon as possible to make sure they preserve the right to file for compensation.
Your Attorney Will Estimate the Amount of Your Damages for a Claim
One of the critical functions that a brain injury lawyer will perform is helping the car accident victim learn the true financial extent of their damages. Every dollar counts when dealing with a brain injury. It is money that a family will need in the future, both because there are ongoing medical bills and because the accident victim may not be able to earn income like before the injury. Making a mistake in this critical area could have significant long-term ramifications for a family.
An experienced personal injury attorney will work with experts in spending a considerable amount of time on the question of damages. Not only must the estimate be correct for the sake of the family, but it must also be persuasive because the accident victim has the burden of proof when it comes to damages.
Here are some examples of experts who can help establish the value of a brain injury claim:
- Medical experts who will offer an opinion about the extent of your injuries and future prognosis
- Vocational experts who can testify about what work you can do and what your career would have been like had you not been injured
- Life care planning experts who know the type of care that you may need based on the extent of your injuries
- Economic experts who can opine about what specific things may cost in the future and how your earnings would have been impacted by inflation
Contact a Wilmington TBI Attorney Today
You should not attempt to handle a brain injury claim on your own. Chances are that you will not get anywhere near the compensation you need or deserve. The lawyers at Horton & Mendez will fight for your cause and work to get you and your family the fairest possible compensation for your injury.
You owe us nothing unless we help you win your case. You can call us at (910) 668-8067 or reach out to us online to schedule your free initial consultation.
FAQs About Car Accidents With Brain Injuries
How do I get compensation for a TBI?
You must prove that the other driver was negligent, meaning that they did not exercise the reasonable care required of them under the circumstances.
What do I do when the initial settlement offer is too low?
You have the right to say no and make your own counteroffer to the insurance company with what you believe you deserve. We strongly encourage you to consult with an attorney that is experienced in valuing claims and knowing what kind of settlement is reasonable.
What if the insurance company will not offer me enough money?
A lawsuit can be filed against the defendant in court, and the jury will decide how much you are entitled to in damages. Again, we strongly encourage you to consult with an attorney before attempting to take this step to avoid procedural and other problems.