Traumatic brain injury (TBI) can have a profound effect on a victim’s life, leading to long-term cognitive, physical, emotional, and behavioural changes. However, brain injury claims can be complex as they involve compensating for both the initial pain and suffering caused by the injury and any future requirements the claimant may have.
In most cases, Brain injury compensation claims can result in large compensation awards due to the severity of the injury. As such, the amount of compensation awarded for TBI from car accidents can range from $100,000 to over $1 million, depending on the extent of the injury and its effects on the victim’s life, including medical bills, lost income, and more.
However, in order to get the right amount in compensation, you first need to understand how TBI is established and how the compensation claims work. We put together a few tips to help you shed some light on this unfortunate and difficult situation.
What is TBI?
In a nutshell, a TBI occurs when a sudden impact damages the brain. The most common causes of such injuries are car accidents, assaults, slip-and-falls, and events that involve firearms.
TBIs can range flrom mild concussions to fatal injuries, and depending on whether the cranium gets fractured, the injury can be classified as closed or penetrating.
How Much Compensation Can You Get for a TBI?
If you’ve suffered a TBI due to someone else’s negligence or intention, you have the right to be compensated for the trauma you are being forced to endure. However, the value of the compensation varies depending on a series of factors.
Such factors include medical bills and related expenses, loss of earning capacity, compensation for life care, pain and suffering, and punitive damages. For injury-related expenses and loss of earning capacity, you can bring forth solid evidence to support your case.
However, the severity of the TBI effects in the long term (which may include ongoing physical therapy, assistance with daily activities, and medication) and the physiological and psychological impact of such an injury can be more difficult to prove.
This is why it’s important to hire legal help for traumatic brain injury victims. An experienced personal injury lawyer specialised in dealing with TBI cases will be able to help you in gathering evidence and making sure you get the right amount in compensation.
Plus, they will handle all communications with the other party and the court, which is a load off your shoulders, especially in a case like this.
Keep in mind that a well-trained lawyer can help you get a million-dollar settlement. This is why it’s important to know when it’s good to accept the first offer from an insurance company and when you should hold your ground and ask for more.
Be Aware of the Time Limit
Personal injury claims have a 3-year time limit, starting with the date of the accident or the date of diagnosis. During this time interval, the victim can take legal action.
Children are a special case, as the time limit does not apply until they turn 18 years old. Therefore, a parent or legal guardian can claim at any point before the child’s 18th birthday.
Another special case is when the victim lacks mental capacity. In this case, the time limit does not apply, and they can have a close person acting on their behalf. In this case, once the amount is decided and approved by the court, the sum will be placed into a trust fund.
TBIs are a messy situation because no amount of money can erase the suffering and loss the victims have to experience. However, this doesn’t mean victims don’t need proper compensation that will cover everything from medical bills to psychological trauma.