How to determine the worth of Traumatic Brain Injury Settlements?

By Yosi Yahoudai
Founder and Managing Partner

A traumatic brain injury (TBI) involves repentant damage to some brain function, likely caused by some type of impact to the skull. Some of the most common sequelae of this type of injury include thinking and learning difficulties, impaired motor skills, hearing, vision, and emotional or behavioral changes.

Regardless of the cause, an injury of this type entails drastic changes in the life of the affected person, including a high number of medical bills and other costs that represent an interruption in daily life. Facing such a dire situation is complicated and stressful, so you deserve legal support to ensure you can move forward.

In legal terms, there is no set amount for LCT compensation claims, this is because each case presents a unique combination of factors that must be taken into account when seeking compensation, including:

Current and future medical expenses:

Frequently, a head injury becomes a chronic condition that requires ongoing medical attention. Therefore, when calculating the value of your claim, it is important that you take into account the following expenses, both in the present and in the near future:

  • Hospitalization and emergency medical care
  • Diagnostic tests
  • Surgeries
  • Therapy (physical and psychological)
  • Home assistance or nursing care

Loss of income and possible disability:

Unfortunately, many TBI cases lead to long-term or permanent disability, so when calculating damages, it’s important to include not only lost wages to the accident and treatment, but also the potential decrease in your income (well either temporarily or permanently) after the injury.

Non-economic damages

Non-economic damages refer to losses that are less tangible in terms of financial value. The most common example is usually pain and suffering experienced as a result of the injury. Additionally, an attorney can help you claim damages for the psychological impact that you have caused a loss of enjoyment of life due to your new condition.

Receiving compensation for an injury goes beyond collecting bills and getting reimbursed for hardships suffered. Entities such as insurance companies, adjusters, and the attorneys for the defendant will take into account all aspects of your situation and seek ways to ensure that you obtain the lowest amount of compensation possible. This is why it is essential that you have a lawyer on your side, as they will know how to protect your interests and ensure that no one uses your circumstances against you.

About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.