Average Settlement for Traumatic Brain InjuriesCentral New York Legal News
If you suffered a traumatic brain injury (TBI) from an accident caused by someone else, you may be entitled to compensation for your personal injury. However, you could also be offered a settlement in court. Different methods are used to calculate the settlement, which is usually based on the severity of the injury and what happened to cause the injury. For some people, the settlement may not be enough to cover all their expenses. A New York Auburn Traumatic Brain Injuries may be able to help you receive the amount you need to fully recover.
Adding Up the Damages for TBI
To calculate a settlement, the damages you suffered as a result of the accident will need to be added up. These are called compensatory damages and consist of specific and general damages. TBIs range from mild to severe. The severity level can have an effect on your hospital bills, pain and suffering, and wages.
The length of your hospital stay and any treatments afterward depend heavily on how severe your TBI was. Moderate-to-severe TBIs usually require long-term treatments and some people come out with lifelong disabilities. This can involve a regular home visit from a nurse or sessions of physical therapy. Many insurance companies will not cover these long-term expenses. Seeking a settlement can save on your expenses because medical spending is included.
Many people with TBIs may miss a few weeks or months or work while they recover. Even concussions can prevent people from driving to and from work. Concentration, memory, and problem-solving skills can also be affected by mild TBIs. Moderate to severe TBIs have further debilitating effects. This is why lost wages are also added to your settlement.
Pain and suffering are added when the TBI added significant hardship and change to your life. Lack of enjoyment, physical pain, adjusting to new limitations from a disability, or distress from the change all count towards this type of damage.
When Should I File a Lawsuit?
You should talk to a lawyer about the settlement your insurance company offered before pursuing a personal injury lawsuit. A lawyer can advise you on the best option for your unique circumstances and will know what deal is risky or not.
Lawyers often negotiate settlements with the insurance company when the initial settlement was not enough. When an insurance company refuses to cooperate or a settlement agreement is not reached, then the case may be taken to court. You should also consider hiring a lawyer if the insurance company never offered you compensation despite you filing a complete personal injury claim.
Personal Injury Lawyer in New York
You should not have to go without compensation if you suffered injuries at the hands of someone else. Talk to an Auburn Personal Injury Lawyer about your options for compensation. A lawyer will work with you to collect evidence, witness testimony, and relevant legal documents for a strong case.
At Gattuso & Ciotoli offer our clients four areas of legal practice. Contact us at (315) 314-8000 for a free consultation today. Our offices are located in Central New York, Syracuse, Watertown, Binghamton, Fayetteville, North Syracuse, Camillus, Liverpool, Cortland, and Auburn.