Head injuries can have life-altering consequences, leaving victims with physical, emotional, and financial challenges.
If you or a loved one suffered a head injury due to someone else’s negligence, you may recover compensation. But how much is a head injury claim worth?
The value of your claim depends on the severity of the injury, the costs of medical care, lost wages, pain and suffering, and long-term impacts on your life.
Below are some key factors that can affect your claim and examples to help you understand potential outcomes.
Factors That Influence a Head Injury Claim
1. Severity of the Injury
The severity of a head injury directly influences the value of your claim. Injuries that heal relatively quickly may result in a lower payout.
On the other hand, traumatic brain injuries (TBIs) requiring significant medical intervention can lead to higher compensation. TBIs that cause permanent disabilities often result in substantial settlements or awards to cover extensive medical care, lost earning potential, and other damages.
Generally, the more serious the injury and its impact on your day-to-day life, the
greater the compensation.
2. Medical Expenses
Medical costs are a significant factor in the value of a head injury claim.
This includes expenses for:
- Emergency care
- Diagnostic tests like MRIs or CT scans
- Surgeries
- Hospital stays
- Rehabilitation
- Ongoing treatments such as therapy or medication
The severity of the injury plays a major role in determining the extent of medical expenses. Someone with a minor injury may require only initial testing and short-term treatment.
An injury in a more serious or long-term condition could demand extensive care, including multiple surgeries or years of therapy.
Keep thorough records of all healthcare-related expenses. This includes bills, receipts, and documentation of any future medical needs or ongoing treatment recommendations.
Not only does this provide clarity on the financial impact of the injury, but it also strengthens the foundation of your claim.
3. Lost Wages and Earning Capacity
If your head injury prevents you from working or forces you to shift to a lower-paying role, you may be eligible to recover lost wages and lost earning potential. Compensation can cover income lost during recovery as well as the long-term financial impact if you cannot return to your previous occupation.
For instance:
- If the injury leads to a permanent inability to work, you could claim the total amount you would have earned over your remaining working years—often resulting in settlements of hundreds of thousands or even millions of dollars.
4. Pain and Suffering
Head injuries often cause significant physical pain and emotional distress.
Compensation for pain and suffering takes into account the non-economic impacts of the injury, such as:
- Anxiety
- Depression
- Loss of quality of life
- Difficulty maintaining relationships
You need a lawyer to calculate a dollar amount for pain and suffering.
5. Long-Term Effects of the Injury
Some head injuries have lasting consequences, such as cognitive impairments, physical disabilities, or personality changes. These effects might require lifelong care or impact your ability to enjoy everyday activities.
Claims that involve long-term or permanent impairments typically result in higher
Compensation.
For example:
- An individual with a concussion that fully heals might not experience long-term effects.
- However, a person who suffers memory loss, difficulty speaking, or loss of independence may require a large amount of money to cover their medical needs and quality of life over time.
Common Causes of Head Injuries
Head injuries can occur in many ways, but they often result from someone else’s negligence or carelessness.
Some of the most common causes include:
- Car Accidents: Collisions, whether minor or severe, can result in traumatic brain injuries (TBIs) due to the sudden impact or head striking an object.
- Slip and Fall Accidents: Slipping on a wet floor or stumbling on uneven ground can lead to serious head trauma, especially for older adults or children.
- Workplace Accidents: Falls from heights, being struck by objects, or equipment malfunctions are frequent culprits in head injuries on job sites.
- Acts of Violence: Assaults or physical altercations can also lead to head injuries, creating grounds for a claim in certain cases.
You need a lawyer to determine the cause of your injury since it clarifies who you can hold responsible and pursue the compensation you deserve.
Steps to Take After a Head Injury
Taking the right steps after a head injury can protect both your health and your right to seek compensation.
Here’s what you should do:
- Go to the Doctor: Even if your symptoms seem minor, get a thorough evaluation. Some head injuries may not present symptoms right away.
- Document the Head Injury Incident: Take photos of the accident scene, gather witness contact information, and record any immediate symptoms or injuries.
- Keep Medical Records: Store all treatment-related documents, including diagnoses, prescriptions, and billing statements, to support your claim.
- Avoid Talking to Insurance Adjusters: Insurance companies may try to minimize your claim. Always consult with a personal injury lawyer before accepting any settlement offers.
- Talk to an Experienced Head Injury Attorney: A lawyer can handle the legal aspects of your case, allowing you to focus on recovery.
How Do Insurance Companies Evaluate Head Injury Claims?
Insurance adjusters play a role in determining how much your head injury is worth and what the company will pay.
Understanding their process can help you prepare:
- Insurers will carefully analyze your medical history and the treatment you received after the injury to gauge its severity.
- They’ll investigate who is at fault. If liability is unclear or shared, they may use this to justify a lower settlement offer.
- Photos, witness statements, and police or incident reports are often used to verify the details of the claim.
- While harder to calculate, insurance companies may use formulas to determine pain, suffering, and emotional trauma.
Unfortunately, insurers often prioritize minimizing payouts over fairly
compensating victims.
A skilled head injury attorney will protect your claim so insurers take it seriously and accurately evaluate it.
Resources for Head Injury Victims
Recovering from a head injury can present many challenges, not just for the victim but also for their loved ones. Many resources can assist with the recovery process.
1. Support Groups
Joining a support group allows head injury victims and their families to connect with others who have faced similar challenges. These groups create a safe space to share experiences, ask questions, and find encouragement.
2. Rehabilitation Centers
Rehabilitation is often a component of recovery for people with traumatic brain injuries (TBIs).
Specialized rehab centers offer therapies that address physical, cognitive, and
speech impairments resulting from head trauma. Rehabilitation focuses on
improving motor skills, enhancing cognitive function, and regaining independence in daily activities.
3. Government Assistance Programs
For individuals struggling financially after a head injury, government programs can offer both short-term and long-term assistance.
Some examples include:
- Social Security Disability Insurance (SSDI)
- Medicaid/Medicare
- State Vocational Rehabilitation Services
Government programs ease financial stress by ensuring access to medical care, income replacement, and professional support for reintegration into society.
Why Head Injury Support Matters
Whether it’s alleviating financial struggles or offering emotional support, these tools and programs equip victims and their families with the means to move forward.
Common Challenges in Head Injury Claims
Pursuing a head injury claim can be an overwhelming process. However, understanding these challenges and knowing how to address them can make a difference in the outcome of a claim. Here are some common issues victims may face:
1. Disputes About the Severity of the Injury
Head injuries can range from mild to severe, and the extent of the injury can
significantly impact settlement values. Unfortunately, insurance companies often
downplay the severity of injuries to save money, especially if symptoms like memory loss, cognitive dysfunction, or emotional distress aren’t immediately visible.
2. Navigating Legal Requirements
Head injury claims are subject to specific state laws, such as statutes of limitations or rules on comparative negligence. A missed deadline or a misunderstanding of legal procedures can result in a denied claim.
What You Can Do:
- Hire an Experienced Head Injury Lawyer: They will ensure your case complies with all legal requirements, from filing deadlines to presenting evidence. They’ll also have in-depth knowledge of how state-specific rules may affect your claim.
- Stay Organized: Work with your legal team to maintain an organized record of evidence, documents, and timelines.
3. Misjudging Future Damages
Some victims underestimate the long-term costs of head injuries, including ongoing medical care, home modifications, or lost earning potential. Insurers might offer a quick settlement that fails to account for these expenses.
What You Can Do:
- Don’t Rush Settlements: A fair settlement requires a full understanding of
both current and future damages. Wait until your medical team can provide a prognosis before finalizing your claim, then review it with a brain injury lawyer.
Each of these challenges underscores the importance of having knowledgeable legal representation. A skilled personal injury attorney doesn’t just advocate for your rights, they take on the legal process, managing tricky insurance negotiations, and advocating for the maximum compensation you deserve.
With their help, you can focus on recovering while they handle the complexities of your case.
FAQs About Head Injury Claims
1. How long does it take to settle a head injury claim?
The timeline varies. Settlements for minor injuries may conclude faster, but cases involving severe injuries or disputed liability may take longer.
2. What if my head injury symptoms appear weeks after the accident?
TBI symptoms may appear days or weeks later. Go to the doctor immediately and contact your attorney to adjust your claim if needed.
3. Can I file a claim on behalf of a loved one who is incapacitated?
If a loved one cannot advocate for themselves due to incapacitation, a close family member, such as a spouse, parent, or legal guardian, may file the claim on their behalf.
This is common in cases involving severe traumatic brain injuries (TBIs) where the injured party cannot make decisions or communicate effectively. Your personal injury attorney will guide you through the process of representing your loved one.
4. What if the at-fault party doesn’t have insurance?
If the person responsible for your injury doesn’t have insurance (or has insufficient coverage) you may still have options for pursuing compensation:
- Uninsured/Underinsured Motorist Coverage: If your head injury occurred in a car accident, your own auto insurance policy might include uninsured/underinsured motorist coverage, which can help cover your damages.
- Personal Assets of the At-Fault Party: In some cases, you may pursue the at-fault party’s personal assets, though this option can be less practical if they lack significant assets.
- Third-Party Claims: Depending on the circumstances of the injury, a third party (such as an employer in a workplace accident or a property owner in a slip-and-fall case) may share liability.
Don’t Forget: Every Head Injury Case Is Unique
While these factors can provide a general idea of how to calculate the worth of a head injury claim, no two cases are the same. The circumstances of your injury, the liability of the at-fault party, and even state-specific laws can all affect the outcome of your claim.
For instance, Ohio law provides specific guidelines about filing deadlines and damage caps on certain claims. Working with an experienced personal injury attorney can help ensure your claim is calculated accurately and includes all the compensation you’re entitled to receive.
Why Choose O’Connor, Acciani & Levy to Handle a Head Injury Claim?
If you or a loved one is dealing with a head injury due to someone else’s negligence, the legal team at O’Connor, Acciani & Levy is here to help.
From negotiating with insurance companies to taking your case to trial if needed, we’re committed to getting the justice you deserve. Contact us today for your free, no-obligation consultation.
Our legal team will review your case, explain your options, and help you take the next steps toward securing the compensation you need. Experience when you need it.
