Brooklyn Brain Injury Lawyer: : How Much Money Can You Get From Brain Injury? TBI or traumatic brain injury is typically the most catastrophic injury an individual may suffer in a motor vehicle accident. The injury can result in loss of motor function, permanent disability, memory and mental health issues, and personality changes that may worsen with time. The initial effects of TBI can also be invisible and subtle.
You may be looking at an uncertain financial future if you sustained a brain injury in an accident due to another’s fault. An experienced brain injury attorney Brooklyn can help you calculate an accurate worth of your personal injury claim and take the necessary steps to maximize compensation. This is someone who has been down the legal corridors before and knows what could be lurking in the shadows.
Average Settlement for a Traumatic Brain Injury Claim in Brooklyn
There are two ways of recovering compensation for a traumatic brain injury in New York – settlement or verdict. Settlement usually occurs in a personal injury claim when both sides arrive at an agreement. The parties resolve the claim out of court with the help of Brooklyn brain injury lawyers.
In case a settlement cannot be reached, the parties proceed to court for a jury verdict. This is where the jury issues a verdict after hearing the case. If the jury sides with the injured victim or plaintiff, they may issue a verdict with the amount that the defendant needs to pay.
You should consider the cost of any existing or long-term disability, medical costs, pain and suffering, and other losses. Settlement in traumatic brain injuries increase in proportion to the severity of the injury. Financial recovery for mild traumatic brain injury and concussions have been known to touch $1 million. Depending on the circumstances and the prowess of your brain injury lawyer Brooklyn, the personal injury settlement can easily exceed $1 million.
Claims involving severe traumatic brain injury can exceed $5 million or even more under special circumstances. This is usually where the injured party needs medical treatment and extensive life care. Every case is different where brain injury settlements are concerned. You need to speak with knowledgeable Brooklyn brain damage lawyers to decide an accurate compensation amount.
Each case is fact-specific and depends on the type of injuries sustained, mechanism of injury, care received, future care required, unique damages, and other circumstances. The severity of a brain injury doesn’t determine the overall value of the claim. The totality of damages and other long-term effects need to be considered as well.
Depending on individual circumstances, a mild TBI claim can be worth millions. You should not delay in speaking with a Brooklyn head injury lawyer to take the necessary steps for maximizing your financial recovery.
Factors Affecting the Claim Value of a TBI in Brooklyn
Brain injury compensation in New York varies widely. This makes it important for head injury attorneys in Brooklyn to evaluate every case independently. These are a few factors affecting the claim value of a TBI in Brooklyn:
Medical Expenses
Traumatic brain injury is a not a single event and has been medically described as a disease process. People suffering from a TBI usually end up suffering the same long-term consequences as a chronic disease. This includes the long-run expensive medical bills.
Brain injury can lead to significant medical expenses. It takes anywhere from $600,000 to $1.875 million to care for a person with severe traumatic brain injury. The lifetime cost of a mild brain injury is pegged at $85,000 and that of a moderate TBI at $900,000 according to the Centre for Neuro Skills.
Medical care is a major portion of the average settlement for TBI. With that said, it varies as per the severity of the brain injury and recovery. You can claim damages for your current and future medical costs, such as:
- Hospitalization
- Surgery
- Outpatient therapy
- Acute hospital based rehab
- Rehabilitation in a residential facility
- Assisted living
- Skilled nursing care
- Suicide intervention
- Counseling
- Prescription medications
Your Brooklyn brain injury attorney may also help you get compensation for treatment provided by a care team, including speech therapists, physical therapists, neuropsychologists, occupational therapists, rehabilitation nurses, physiatrists, and social workers.
Inpatient rehabilitation, as per the Brain Injury Association of America can cost up to $1,600 a day. The average cost of inpatient rehabilitation across TBI patients is $46,000. The Centre for Neuro Skills has found that lifetime healthcare costs for TBI patients can amount to $1.5 million where intense rehabilitation is required. An all-star Brooklyn traumatic brain injury lawyer can help you seek adequate and fair compensation for your damages.
Lost Earnings and Disability
Traumatic brain injury is among the leading cause of disability in the US. 60% adults that suffer brain injuries remain unemployed for at least two years following their injury. 5.3 million US citizens or roughly 2% of the population is living with a traumatic brain injury caused disability, as per a recent report by the CDC.
You are entitled to recover compensation and damages for your past lost wages and any future lost earnings when you sustain a TBI owing to someone else’s fault. You will be compelled to take a substantial time off work. In many cases, you may find it difficult or impossible to regain your pre-injury job responsibilities. This is why a seasoned traumatic brain injury lawyer Brooklyn, NY will always calculate the cost of lost wages and reduced earning capabilities.
It’s easy to calculate the value of lost wages. Furthermore, it can be challenging to determine the value of your lost earning capacity. You would need to consider:
- Your life expectancy and age
- Your occupation
- Post-injury earning capacity
- Professional skills and qualifications
- Lost employment benefits, such as health insurance and pension contributions
Additional Economic Costs
Head injury settlements cover other financial losses in addition to medical expenses, lost wages, and lost earning capacity. These are additional economic damages your mild traumatic brain injury lawyer Brooklyn will add to the compensation amount claimed:
- Modifications to your house or car
- Vocational training
- Domestic services, such as housekeeping
- Costs associated with long-term impairment
A proven and committed Brooklyn brain injury lawyer can help you get the compensation you deserve by building a strong claim.
Non-Economic Damages
Settlement for traumatic brain injury compensate for both economic and noneconomic losses. Pain and suffering is usually the largest component of a TBI settlement. Your brain injury attorney Brooklyn will determine how the injury impacts your daily life.
Traumatic brain injury causes both physical and mental injury along with emotional and cognitive injury. You are allowed to seek compensation for these losses even if they don’t have any financial value. You need a capable brain injury lawyer Brooklyn to calculate the noneconomic damages. This includes:
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Mental anguish
- Emotional distress
Your personal injury attorney will help you quantify these losses. They will also document how the injury has affected your life and reduced the enjoyment you once had.
Lifetime Complications Increase the Cost of TBI Compensation
Lifetime costs associated with TBI are higher because of the huge impact the injury has on an individual’s life. The noneconomic costs related to a traumatic brain injury are usually higher than medical bills and lost wages together. Pain and suffering or mental anguish endured by the victim is the usually the largest non-economic damage that drives the lifetime costs of a traumatic brain injury in Brooklyn.
There are several effects that stretch beyond the physical discomfort and pain. There is a high emotional impact of going through life limited by a traumatic brain injury. Patients generally experience the following due to their reduced quality of life and the stress of TBI:
- Anxiety
- Depression
- Trouble sleeping
- Irritability
- Loss of memory
You can also obtain compensation for any detriment to your emotional health. For instance, your Brooklyn brain injury attorney will help you obtain compensation for the accident that caused the injury as well as any ongoing harm you suffer.
There is an increased risk of the following after suffering a traumatic brain injury:
- Dementia: There is a 4.5 times risk of suffering dementia following a severe traumatic brain injury. The risk is 2.3 times after suffering a moderate traumatic brain injury. The link between dementia and brain injury has been shown to be strong for years after the injury.
- Mental illness: There are several studies pointing to the fact that brain injuries can result in mental and intellectual disorders. Studies show that brain injury can also cause mental illness. TBI can increase the risk of certain mental disorders by almost 400%. This includes depression, schizophrenia, bipolar disorder, and PTSD. This risk is usually because of disturbed neurotransmitters at the injured site and inflammation in the overall brain.
- Headaches and chronic migraines: Headaches are highly common following a traumatic brain injury. In relation to this, these usually resolve on their own after a year. A third of survivors suffer chronic headaches and migraines for the entirety of their lifetimes.
- Substance abuse: Substance abuse or addiction is a high-risk factor following a traumatic brain injury. There is also the risk of developing substance use disorder.
- Concussions: TBI leads to a high risk of additional concussions with dangerous effects
Our Brooklyn TBI Lawyers Have the Experience to Take on Large Insurance Companies. Get a Strong Legal Representation to Fight for Your Rights.
The seasoned and knowledgeable Brooklyn brain injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP know how to value complex damages, such as traumatic brain injuries. Our attorneys know how to maximize your claim and have a very high success rate in obtaining a favorable outcome. To set up your complimentary consultation, call 212-344-1000 or reach us online.
