The amount of compensation is difficult to ascertain a brain injury case depends on a number of factors, the circumstances of your accident, the extent of your injuries, and the amount of financial loss you incurred.
How to Determine Your Case Value in a Brain Injury Case
Although it is impossible to put an exact figure on the amount of compensation you can recover, there are expenses you may be able to claim, such as:
The medical treatment you received for your brain injury may have been extensive. As a result, you incurred the following debt or out-of-pocket expenses:
- Emergency room care costs
- Intensive care unit expenses
- Hospital stays
- Surgical procedures
- Physical therapy or rehabilitation
- Medication or medical devices
- In-home care
Inability to Work
You are disabled and no longer have the ability to earn an income. Your retirement is in jeopardy because your disability checks do not adequately cover your monthly expenses.
You may have also sustained non-economic damages such as loss of consortium, pain and suffering, as well as loss of quality of life.
Establishing the Circumstances of Your Accident
The value of your case may also be based on who caused the accident and how the other party’s actions led to your injuries. To file a claim against the at-fault party, you will need to establish liability and document the circumstances of the accident.
In a personal injury case, you will typically file a claim against the liable party’s insurance company. An insurance adjuster will assess the circumstances of your accident to determine if you have a case. The validity of your claim will depend on certain factors.
Some determining factors may include:
The evidence you gather will be the most crucial component of your case. The types of evidence that an insurance adjuster may consider includes:
- Medical documents such as bills, reports, and diagnosis
- Witnesses who were present at the accident scene
- The testimonies of medical experts or accident experts
- Footage of the accident captured on a camera or video
- The injuries you sustained
- Accident reports
- Any statements provided by the at-fault party
The Type of Accident You Were In
How the accident occurred will also play a role in determining the value of your case. For example, did you sustain injuries as a result of:
- Medical malpractice
- Vehicular negligence
- An athletic competition accident
- A pedestrian vs. driver accident
- Work-related complications
- A slip and fall
- A commercial bus or truck accident
If you suffered a brain injury from any of the above, you may be able to file a claim against the at-fault party and recover compensation for your losses.
Hiring a Brain Injury Lawyer for Your Injuries
If you are unsure how much your case is worth, you may want to consult a brain injury lawyer in Texas. An attorney can discuss your accident to determine whether you have a valid claim.
A brain injury lawyer can also negotiate a settlement with the insurance company, help you file a lawsuit, and represent you in court. With legal assistance, you have the leverage you need to win your case and receive a settlement for your damages.
Filing a Claim Within the Statute of Limitations
You need to be aware of the statute of limitations under the Texas Civil Practice and Remedies Code Title 2 § 16.033 when filing your claim.
If you do not file a claim within the time limits, you may not be able to recover compensation for your medical expenses, lost wages, or any other damages you sustained as a result of your brain injury.
Consult a Brain Injury Attorney in Texas
Your brain injury accident may have altered your life permanently. Do not wait. Contact D. Miller & Associates, PLLC at 713-850-8600 for a free consultation. We can answer questions about your case and help you determine the right course of action.