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However, we can say that the worse an injury is, the more expensive it will be to treat. Brain injuries are rarely minor and can have consequences that last a lifetime. These require compensation, so the average settlement for brain injuries will be higher than other injury cases.
Factors in Brain Injury Settlements
Your brain injury could award you tens of thousands of dollars, or it could be worth millions. Here are a few of the factors our lawyers weigh when we calculate how much your brain injury settlement could be:
Severity
The worse your injury, the more money you’ll need for compensation. This is a combination of both the economic costs for care and the non-economic repercussions on your life like pain and suffering, disability, loss of enjoyment of life, and more.
Brain injuries can affect you more than you think, so don’t shrug off what you might consider a minor brain injury. See how much your case is worth first by consulting with Viles and Beckman.
Prognosis
Brain injuries are slow to heal. The longer it takes to heal to maximum medical improvement, the more your case is worth. If you cannot heal completely, that’s also a factor along with what you’ll have to suffer with for the rest of your life.
Medical Costs
Depending on your care needs and the local market, your costs for care will change. You might only need short-term care. You might need care for the rest of your life. The medical costs of your brain injury will form the foundation of your economic damages, and every doctor and hospital is going to charge something different.
Lost Wages and Ability to Work
While you are recovering, you can get compensation for any lost wages. But if you’re unable to work at all, you could sue for future lost earnings as well. Depending on your current job and where you are on your career path, there can be quite a lot of money wrapped up in this portion of your settlement.
Your Amount of Liability
Florida uses a pure comparative fault approach to liability. Any percentage of liability you carry for your injuries reduces your compensation by that amount. If you were to get awarded $100,000 in compensation but had 10% responsibility, you’d only get $90,000.
Since Florida uses a pure comparative fault system, you can still make a claim even if you are more than half at fault for your accident.
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Insurance Limits
Every insurance policy has a maximum payout limit, and a brain injury might hit that limit before you’re fully compensated. Your lawyer may find additional paths to compensation depending on the circumstances of the case. For example, in a truck accident case, you might make a claim against both the driver’s insurance and their employer.
An insurance policy might also have an umbrella policy that kicks in if a claim goes beyond the policy limit. This is a common feature of corporate and business defendants, and some homeowners’ insurance policies have them too.
Finally, you can sue the defendant directly. This may be difficult to do if they have few assets to pay you. If the defendant has a regular job or property, a judge can put a lien on these to pay you back. It may not be enough to meet your needs, but it is an option.
How a Lawyer Helps Your Settlement
Without a lawyer on your side, the insurance company holds all the cards. They will try every way they can to pay you as little as possible, from delaying your case to disputing your evidence, to even blaming you for your accident.
Once you hire a brain injury lawyer from Viles and Beckman, the game changes. You’ll have someone who knows the laws and knows how to negotiate with the insurance companies. Your lawyer also has the knowledge to sue an insurer and will fight to win.
A lawyer is the key to maximizing your compensation and giving you peace of mind while you recover. You won’t have to worry about calls from the insurer or the defendant. They can be routed to your lawyer and they’ll handle all communication.
Click To ContactGet More than the Average Settlement for Your Brain Injury
When you’ve received a brain injury that wasn’t your fault, you don’t want the average settlement. You want the most you can get. More money means better care and a higher quality of life. Viles and Beckman will do their best to get you the compensation you truly deserve.
If you live in southwest Florida, go with the top-rated Florida personal injury lawyers with over 40 years of experience. Call or text Viles and Beckman and see how much your brain injury settlement should be.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
