Calculating total damages is an important step for a head injury attorney. It helps determine the value of a case and what to ask the defendant or their insurance company for. The total damages a head and brain injury attorney seeks must reflect the cost of accident-related losses and their present and future impact on the victim’s life.
Head and traumatic brain injuries (TBIs) are most often caused by falls but can be brought on by blunt trauma, motor vehicle accidents, and acts of violence. Their effects range from relatively minor issues to lifelong debilitating problems. An experienced traumatic brain injury attorney can evaluate a client’s condition and its impacts, which can determine the ultimate settlement value. A TBI or other serious head injury can have consequences such as:
- Chronic pain
- Anxiety
- Depression
- Headaches
- Balance issues
- Paralysis
- Incontinence
- Loss of sight, hearing, or smell
- Problems with memory or concentration
- Difficulty sleeping
- Speech problems
- Trouble walking
One or more of these issues can affect a person’s ability to perform basic tasks or the duties required by their job.
Calculating Total Damages In a Head Injury Case
Even a relatively mild head injury, such as a concussion, can have lasting effects. However, traumatic brain injuries are among the most debilitating and costly. When calculating total damages, a head injury attorney will look at accident-related costs incurred so far and projections for future costs of medical care, plus loss of income-earning ability. To estimate future costs, a lawyer can use their knowledge or insights from medical experts and other professionals.
An attorney first adds up the cost of tangible losses and then considers other types of damages.
Their calculation of a client’s total damages may include:
Economic Damages
Calculating economic damages is relatively straightforward and involves adding up the cost of the following:
- Medical Expenses: A head or traumatic brain injury victim may have bills for ambulance transport, emergency care, medical imaging, specialist visits, and surgery. The cost of hospital stays and follow-up care can also be included in economic damages.
- Ongoing Care: A client may require rehabilitation, physical therapy, and modifications to their living space, which are costly and would not have been required if it weren’t for the accident.
- Future Medical Needs: An ongoing treatment plan may be needed for years after a head injury. The cost of in-home care or an assisted living facility can also be factored into the damages sought.
- Lost Wages and Future Earnings: If the victim is out of work while healing and not receiving wages or a normal salary, it can be included in the total damages. Their lawyer can also estimate lost future earnings if they can’t perform the same work or maintain employment after the accident.
- Funeral and Burial Expenses: If a head or brain injury leads to the victim’s death, spouses, family members, or dependents can be compensated for costs related to their funeral and burial.
Non-Economic Damages
Not every loss has a price tag. However, a head injury attorney can calculate losses such as:
- Pain and suffering
- Loss of companionship and society
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of reputation
Non-tangible losses can amount to significant dollar values to compensate for a plaintiff’s suffering.
To calculate non-economic damages, a head or traumatic brain injury attorney can multiply economic damages by a specific number (typically between 1.5 and 5) or determine the daily cost of injuries or disabilities and multiply it by how long recovery is expected to take.
Non-economic damages account for a plaintiff’s loss of enjoyment of life in a way economic damages don’t. For example, if the victim is a low-wage earner or senior, recovering sufficient economic damages to support them for the rest of their life can be challenging. Non-economic damages also account for the compromise in someone’s loss of dignity and self-worth. After a major injury, some victims struggle to perform the most basic tasks.
Punitive Damages
If the defendant’s intentional or malicious acts contributed to a head injury, a plaintiff may not only be compensated for medical care and loss of enjoyment of life. They can receive punitive damages intended to punish the defendant and deter others from engaging in similar acts. The severity of the injury can also be a factor here. While not considered compensatory, punitive damages, in the rare instances they’re awarded, can have substantial dollar values.
Factors That Can Determine Total Damages In a Head Injury Claim
The total amount awarded in a head injury claim depends on many factors. When building your case, your head injury attorney must take time to consider every variable to ensure you receive maximum compensation. To ensure the best outcome in the case, they will consider the following:
Proof of Liability
In general, the more convincing the evidence, the larger the settlement or award. But if it’s difficult to prove liability, the damages awarded may be reduced. California’s comparative negligence laws are also a factor. If the defendant has strong proof the plaintiff was partly responsible for the accident, the settlement amount can be cut proportionately. This means if the injured party is found 20% to blame, their total damage award will be reduced by 20%.
How Many People Are Responsible
Personal injury cases involving more than one responsible party are complex. Each individual involved will be represented by a different attorney. Having multiple responsible parties is known as multiple tortfeasors, which can delay a case. Determining how much each liable party should pay can be complicated.
The Defendant’s Conduct
The defendant’s behavior leading up to the accident can influence the total damages awarded to the plaintiff. Was the defendant distracted, driving recklessly, or under the influence at the time of a car crash? Were they negligent in failing to clean a slippery floor or move an obstruction? Did they act willfully or egregiously to injure the plaintiff? These must considered when calculating the monetary damages to pursue.
Location of the Lawsuit/Trial
After calculating total damages, a head injury attorney will move forward with the case. Typically, they’ll try to negotiate a settlement with the insurance company. The amount of money received can vary depending on the state and where the lawsuit or trial takes place. Damage awards can also differ if an injury occurs in a rural rather than an urban community. An experienced traumatic brain injury attorney can help overcome these challenges.
The Plaintiff’s Actions After the Accident
A defendant’s insurance company will use any circumstances possible against the plaintiff, such as if they delayed seeking medical treatment after being injured or engaged in behavior that made the injury worse. If they contributed to making the costs more expensive, an insurer can argue they don’t deserve as much compensation. To reduce the risk of this situation, seek medical attention immediately after an accident; many injuries, especially TBIs, take hours or days to manifest.
How Long Does My Attorney Have to Obtain Total Damages?
California’s statute of limitations to file a TBI or other injury claim is two years. A personal injury victim may wait until they fully recover or a doctor determines they’ve reached maximum medical improvement. It’s not until then that the full cost is known. However, a severe head injury can have lifelong consequences.
A head injury attorney knows you may face a long road to recovery and need compensation now. They’ll build your case using medical evidence and proving the defendant’s liability. The more you have to show both, the sooner your case can settle and the more likely you receive total damages that meet your needs.
Call Jacob for a Free Case Consultation
Whether you sustained a head or brain injury in a car, truck, pedestrian, or slip and fall accident, The Law Offices of Jacob Emrani can help you get the compensation you deserve. Our team can quickly determine your case value using all available evidence. We’ve won multi-million-dollar settlements for many clients, which can cover the lifetime cost of a serious TBI.
Surgery, rehabilitation, and long-term care aren’t uncommon in head injury cases. Lost wages and the cost of medication also strain clients’ finances. For help from skilled head injury attorneys in Los Angeles who can seek compensation for these and non-economic damages, call (888) 952-2952 today.