- August 17, 2021
- Personal Injury
Head injuries can lead to a significant reduction in quality of life for the victim. When another party’s negligence or recklessness led to your head injury, you have the right to seek compensation. However, what is the average payout for a head injury settlement? An average payout is difficult to determine, because the ranges of the payouts vary so widely. For those who suffer life-altering injuries, a seven-figure payout is possible. For those whose injuries are less severe, a payout of several thousand dollars is possible. Payouts can be anywhere in between, as well.
Potential payout amounts vary so significantly with a brain injury that it’s difficult to know when an insurance company is treating you fairly when it offers a settlement. Our brain injury lawyer is ready to help you understand how the severity of your injuries should affect the amount of payment you receive. We will provide advice on the best way to proceed. The team at Kaplan Lawyers PC handles these types of cases regularly, giving our clients the best possible service and the most professional representation.
How to Understand an Average Settlement in a TBI Case
The ultimate amount a victim can receive in a settlement will depend primarily on the severity of the injuries. Someone who must go through extensive rehabilitation and who may be unable to return to work will receive a larger-than-average settlement. On the other hand, someone who goes back to work after a few days will receive a lower-than-average settlement.
Even for those who need rehabilitation, there are levels of severity in the head injury. According to Mount Sinai Hospital, head injury victims may need extensive therapy, including in areas like cognitive, physical, occupational, and speech therapies.
When you must spend a lot of time in the hospital and in rehabilitation, you may receive a higher-than-average settlement in a TBI case.
Some of the items that can be part of a payout include:
- Medical bill reimbursement
- Prescription cost reimbursement
- In-home help
- Lost wages
- Emotional trauma
- Pain and suffering
Seek Medical Care As Early As Possible
When you suffer a head injury in an accident that was not your fault, we always recommend seeking medical attention as quickly as possible. The severity of the symptoms of some head injuries don’t always show up in the immediate aftermath of the accident. Yet, your brain may have injuries that will affect your life significantly. With a doctor’s exam, medical personnel may be able to spot the signs of potential issues and help you receive the treatment you need immediately.
Without a doctor’s report in hand, you cannot file a personal injury lawsuit related to your concussion, TBI (traumatic brain injury), or other type of head injury. When negotiating a settlement on your behalf or when representing you in a court trial, we rely on the diagnosis from your doctor to determine the correct amount to request. As mentioned earlier, cases with more significant injuries that will affect your quality of life in the future will result in an above-average settlement.
Should I Pay Attention to What Is the Average Settlement in a Brain Injury Case?
Our clients often ask us, what is the average payout for a head injury? Rather than focusing on the average settlement in a brain injury case, we prefer to focus on the unique aspects of your case. After all, the specific facts that led to your head injury will be the key to determining what kind of payout amount you may be able to receive. Although we have quite a bit of experience representing clients who suffer head injuries in accidents that were not their fault, we always tailor our representation to match up to what you need in your case.
Just because one of our past clients received a certain amount in a case we settled in the past, this doesn’t mean your case will settle for the same amount. Even if many of the circumstances in your case and in one of our previous cases are similar, it’s the slight differences that may lead to widely varying settlement amounts. Count on our team to take the time to fully study your case and to listen to your concerns about your future.
Kaplan Lawyers PC Will Fight for Your Best Result Every Step of the Way
Recovering from a brain injury can be a challenging process. Treatments can go on for several months and even years. Determining the exact depth of your TBI and the quality of life you will have going forward can be challenging for doctors. However, their diagnosis is a key to any brain injury lawsuit.
Going through this on your own can be incredibly frustrating. You can count on our law firm to have your interests covered, no matter how long the case takes. We will make certain your case meets all New York rules, including fitting within the three-year statute of limitations for personal injury cases. You only have to start the lawsuit before the statute of limitations expires. You do not have to complete the case within that timeframe. We also will help you find resources from the New York State Department of Health to allow you to receive specialized care and to stay in your home.
Insurance Companies Don’t Work for You, but We Will
After your injury, you may hear from the insurer for the negligent party. That insurance company may try to convince you that it has your best interests in mind. However, no matter how much confusing language the insurer tries to use to explain its role in your case, the insurer does not work for you. Remember, insurers do not increase their profits by paying large settlements to victims. Instead, they work hard to try to reduce the payments they make to you, ramping up the company’s profits.
Our brain injury attorney works for you and you alone. When you hire us, you can count on us to make sure the insurance company treats you as fairly as possible.
We do not back down when the insurer tries to introduce half-truths into the negotiations. We remove the confusion and give you the compassionate representation you deserve. Contact our team today at (516) 399-2364 for a free consultation. Kaplan Lawyers PC will give you advice throughout the process, but we always leave the final decision on how to proceed up to you.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]