Over 1.4 million American citizens will suffer a traumatic brain injury each year. One in five of these injuries is the result of a car accident.
If a crash causes such an injury, then you could find yourself swimming in medical bills. When another driver caused the accident, it’s possible to pursue compensation in court.
Is a lawsuit worth it? What would the value of a car accident concussion settlement be?
Read on to discover if pursuing a lawsuit is in your best interests.
The Monetary Value of Your Losses
The value of your head injury settlement amount depends on the losses you’ve suffered. Courts are not likely to award more than the real damages you’ve endured due to the accident.
Courts look at two types of losses: economic and non-economic.
These types of financial damages are verifiable and documented. The victim can prove the actual financial loss with bills or other documents.
Brain injury claims stemming from motor vehicle accidents often seek compensation for these things:
- Medical expenses
- Property damage
- Lost income from missed work
- Future medical costs
- Lost earning capacity
Calculating the monetary value of these items is as simple as adding up all the losses.
Non-economic damages are harder to prove and more difficult to value. When a concussion brain injury occurs, the person may suffer for decades to come.
Years after a concussion, individuals still show abnormal brain wave activity. How can someone attach a monetary value to brain functioning?
This is the conundrum courts face when valuing non-economic damages.
Concussion settlement amounts usually include compensation for non-economic damages like the following:
- Physical pain and suffering
- Emotional distress
- Loss of consortium
- Loss of companionship
- Mental anguish
- Loss of reputation
The severity of your concussion will guide courts when valuing these claims. Often, courts will award damages from 1.5 to 5 times the value of your economic damages.
What Is Comparative Negligence?
Did your own recklessness contribute to the crash?
In Texas, courtrooms will judge whether the victim was negligent. If so, then you will likely receive less compensation.
When courts believe you were more than 50 percent at fault, you won’t be eligible to collect damages.
Car Accident Concussion Settlement
Once you have considered these factors, you can begin to get an idea of what your case is worth. Use the following formula as a rough estimate:
Economic Damages + Non-Economic Damages = Concussion Settlement Value
Next, consider your level of negligence. Reduce your amount by the percentage of fault you contributed to the crash.
Punitive damages punish the at-fault driver in an attempt to discourage similar behavior. Texas courts award these damages when the at-fault driver’s recklessness is extreme.
Keep in mind that these awards are a rarity. A post concussion syndrome settlement value may include punitive damages when the following conditions are met:
- The other driver was intoxicated
- The driver shows no remorse in court
- The driver’s actions were intentional
- The driver failed to fix a broken vehicle and continued driving it
What Is My Case Worth?
Calculating these factors provides a good estimate of your case’s value:
- Economic Damages
- Non-economic damages (1.5 to 5 times the economic damages)
- Possible punitive damages
- Your own level of fault
This estimate won’t be exact. The value of your car accident concussion settlement hinges on the court’s decision. If you’re still unsure if it’s worth it to pursue a lawsuit, then an attorney can help.
Reach out to our experienced attorneys at Kastl Law if you have any questions.