Experiencing a car accident includes damages to your automobile and this may keep you thinking about whether or not you need to hire a personal injury lawyer to help you sue the other driver. However, after talking to a lawyer and ah insurance agent, you will be convinced that you must file a law suit for the best chance at compensation.
But, in a car accident, if there is personal injury, filing a law suit is inevitable. This is how you get the compensation you deserve.
Head Injury Lawsuits
A head injury may be traumatic or minor can be perceived easily at times on noticing open wounds or bumps, but sometimes some head injuries may not be visible to the naked eye and may be a serious injury.
Head injuries may damage the brain resulting in cognitive impairments, memory loss, behavioral and emotional changes that impair your standard of living. Sustaining a head injury during an accident means at one point you have to decide the amount you will be ready to accept as your settlement claim with the fault party. A voluntary settlement claim is beneficial for both as it saves time and the litigation cost. But, with severe injury, calculating damages as settlement for head injury is difficult and is based on various factors.
Types of Damages
Head injury cases include two basic types’ special and general damages.
Special Damages: The special damages are the damages that are very heavy and it includes losing earning capacity, lost wages, burial and funeral expenses, medical expenses and property damages.
General Damages: These damages can be substituted by money and it includes loss of reputation, suffering and physical pain, loss of companionship, mental anguish and shock, embarrassment, humiliation and emotional distress.
Recent Verdicts & Settlements for Head Injury
- Verdict $26 million – Awarded to a Florida man in a car accident as he suffered permanent brain damage involving a commercial truck.
- Settlement $14 million – Settled by a woman when the motorcycle defective tire failed and who suffered a brain injury.
Calculating Damages
Head injury damages calculation should include:
- Calculate special damages by keeping detailed records of each visit to the doctor and medication
- Calculate general damages depending on the severity. Make note of each pain, emotional harm, headache and other effects such as fatigue, memory loss, soft-tissue scarring, dizziness, etc.
- Add both damages together as a sum to claim.
The claim value depends on whether the party is at fault clearly or not. Also compare the latest jury verdicts and have a clear analysis of your damages, it will be helpful.