The financial worth of a brain injury case depends on several factors, including the severity of your injuries, your expenses, and the other losses you’ve experienced as a result of your injury.
Brain injuries can be debilitating, as they often make it difficult to work or participate in activities you enjoy. Consequently, this may make it difficult for you to cover your medical expenses, pay your regular bills, or simply show up for your shift. These kinds of consequences can affect the value of your case.
How Do You Determine How Much a Brain Injury Case Is Worth?
Every brain injury is unique, meaning the value of two cases is rarely the same. This is because brain injuries usually have different health effects, impacting each victim’s life in unique ways. A severe brain injury that leaves a person in a vegetative state, unable to work or do anything for themselves, will likely settle for a more significant amount than a mild or moderate case.
Therefore, you should never accept a settlement that the insurance company describes as “the average brain injury settlement amount” because there’s no such thing. It’s not uncommon for insurance companies to try to take advantage of unknowing victims or families before they get legal counsel.
Your Economic Damages Impact the Worth of Your Case
Any money that you’ve spent to recover from your brain injury qualifies as economic damages. These may include the cost of:
- Emergency medical care
- Medicine and treatment
- Rehabilitation and therapy
- Repair or replacement of your property
- Out-of-pocket expenses like public transportation
Documents like receipts, medical records, and repair estimates are crucial for evaluating these losses. You can also claim losses for the money you were unable to earn. Even future wages are eligible if your brain injury has impacted your career path.
Non-Economic Damages Are Still Worth Compensation
These damages compensate for the non-monetary losses you’ve incurred following your brain injury. Even though these damages may seem evident by looking at your life, they’re a bit complex to assign a monetary value to.
Some of the non-economic damages that could be valued in your brain injury case include:
- Physical and emotional pain and suffering
- Mental and emotional distress
- Diminished quality of life
- Loss of enjoyment of life
- Temporary or permanent physical impairment
- Scarring and disfigurement
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Who Pays the Settlement or Verdict Amount in a Brain Injury Case?
Depending on the state, the entity responsible for paying out your settlement will vary. Your lawyer can determine who to pursue compensation in your case, but any of the following could be responsible for paying your damages:
- Personal injury protection (PIP) insurance
- Car insurance
- Med Pay coverage
- Workers’ compensation insurance
- Homeowner’s Insurance
- Personal umbrella insurance
- Corporate insurance
- The liable party
What Happens if the Liable Party Doesn’t Have Insurance?
Filing a claim or suing someone who doesn’t have insurance can get complicated, but that doesn’t always mean you’re out of options. Your lawyer will help you pursue other possible means of compensation.
Is There a Deadline for Filing a Brain Injury Action After an Accident?
Every state has time limits, known as the statute of limitations, within which you may file a personal injury or wrongful death action. Here are the statutes of limitations for the different states we serve:
Ohio Statute of Limitations
According to Ohio Revised Code §2305.10, you have two years to file a personal injury action from the date of your injury. Ohio Revised Code §2125.02 states that you also have two years to file a wrongful death action if you’ve lost a loved one to a brain injury.
Kentucky Statute of Limitations
According to Ky.Rev.Stat.§304.39-230, you have two years to file a personal injury action if you’ve suffered a brain injury in a vehicle accident. Ky.Rev.Stat.§413.140(1) allows one year to take legal action if you’ve suffered a brain injury in any other accident.
In addition, Ky.Rev.Stat.§413.180 states that you have a year to file a wrongful death action if you’ve lost a loved one to a brain injury.
Indiana Statute of Limitations
Contact Us for a Free Case Review For Your Brain Injury Accident
At Isaacs & Isaacs Personal Injury Lawyers, we strive to be available to accident victims who are suffering as a result of their injuries. Our large team of attorneys and co-founder Darryl “The Hammer” Isaacs have recovered more than $1 billion for our clients, and we hope to continue to see success with clients like you.
Contact us for a free case review and to get started on your accident case. We will help you determine what your brain injury case is worth and fight to make sure you receive compensation that reflects your losses.