How much is my traumatic brain injury claim worth?
June 8, 2019
The financial impact of a traumatic brain injury (TBI) can be devastating. Although nothing can undo such a tragedy, it may be possible to secure the compensation needed to cover medical care, lost income, and other damages. In the state of Indiana, people who suffer brain trauma due to the negligence or intentional wrongdoing of others have the right to file a personal injury claim.
If you intend to file a claim, you may be wondering how much compensation you might recover. Unfortunately, there’s no way for an attorney to approximate a fair settlement amount until a thorough investigation has been conducted. Here are a few factors that might influence the settlement calculations.
The Severity of Your TBI
The severity of your injury will have perhaps the biggest impact on the potential value of your claim. Naturally, TBIs that cause permanent brain damage tend to warrant much higher settlements than concussions since the patient often requires ongoing care, home modifications, and other necessary services.
The Strength of Evidence
In personal injury lawsuits, the burden of proof lies with the plaintiff. In other words, it will be up to you and your legal team to prove liability and damages. If your supporting evidence is strong, the insurance company might be less inclined to dispute the settlement calculations.
Your Pre-Injury Income
Since your claim can account for any income you lost as a direct result of the injury, the amount of income you made before the accident will influence the settlement calculations.
Your Adherence to Doctor’s Orders
If you don’t take your healthcare seriously, and this causes your condition to worsen or prolongs the recovery, you might not be able to recover compensation for 100 percent of your damages.
The Circumstances of the Accident
If the liable party’s conduct constituted willful or wanton misconduct, you may be entitled to a punitive award in addition to compensatory damages; however, the state of Indiana places a cap on punitive damages. Typically, claimants can be awarded no more than $50,000 or three times their total compensatory damages, whichever is greater, and then are entitled to only keep 25% of that award amount as compensation for their injuries. The other 75% goes to Indiana’s Violent Crime Victim Compensation Fund.
Your Own Percentage of Fault
Since Indiana follows a modified comparative fault rule, your total payout will be reduced by your own percentage of fault. If you are found to have been more than 50 percent liable, you will be barred from recovering damages.
Discuss your case with a personal injury attorney in Lafayette.
If you or someone you love has been diagnosed with a traumatic brain injury following an accident that someone else caused, contact Ball Eggleston. Founded in 1950, we’ve recovered more than $200 million for injured parties and their families.
Our compassionate team is committed to protecting the physical, emotional, and economic wellbeing of our clients. Call (765) 742‑9046 or fill out our contact form to schedule a free case evaluation with a personal injury lawyer in Lafayette.
Contact us today to schedule a consultation with one of our experienced attorneys.
Ball Eggleston — a Lafayette, Indiana law firm — is located at 201 Main Street, Suite 810 P.O. Box 1535 Lafayette, IN 47902. Contact Ball Eggleston by phone at (765) 742‑9046, by fax at (765) 742‑1966, or by email at email@example.com. For additional information, find Ball Eggleston online at ballegg.local.
Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.