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Brain Injury Lawsuits: How They Work


Brain injury lawsuits are remarkably complex. Even if negligence and fault are simple to establish, damages are another matter. Even in simple concussion cases, a $100,000 settlement for a plaintiff who was 0% at fault is about the standard rate at which these suits settle. That would be a situation in which there were limited or no permanent cognitive deficits. In cases of extreme injury, which you never want to see, the cases can settle for upwards of $10 million. In this article, we’ll discuss some of the factors that go into a verdict in a Tampa brain injury lawsuit.

Damages are related to the extent of your injuries 

To determine how much your damages are, doctors must determine what deficits you have acquired since the accident. If you are in a permanent vegetative state, then your damages will be extensive. Not only because you will need lifelong care, but also because you will lose your earning capacity for the rest of your life. Your quality of life has been reduced nearly to zero. Additionally, the income that your dependents relied on is no longer there. Your love and support is no longer there. Brain injury lawsuits that result in permanent comatose states settle for much more than wrongful death lawsuits because of the ongoing care required to support the victim.

Factors that will drive up a settlement 

The primary factor that will drive up the settlement cost is ongoing and future medical care. However, there are other factors which can dramatically increase the value of a case.

Many individuals who suffer serious brain injuries can no longer perform the duties of their work or must take extensive time off to rehabilitate the injury. In some cases, they may suffer cognitive deficits that make it more difficult to concentrate, remember, or control their mood. Brain injuries are unpredictable. One of the reasons why cases involving brain injuries take longer to settle is that it may not be apparent how extensive the damage is until months after the event that caused the injury. Some symptoms can be subtle. Increased depression, anxiety, or difficulty with emotional control regulation. Families often want to hope for the best, so they see what they hope to see. This can lead to delay in seeking representation and ultimately, can result in the case being barred by the statute of limitations.

Factors that will drive down a settlement 

There may be limits to how much money you can recover from specific defendants. Those that are severely injured by companies have a better chance of getting the full value of their personal injury claim than those who are injured by private citizens. That’s because private citizens generally carry smaller insurance policies. Many of these claims are filed against auto or homeowners insurance policies that have specific coverage limits. While you can recover damages directly from the negligent party, you can’t, in fact, draw blood from a stone. A large verdict against a private citizen can usually be discharged in bankruptcy.

Talk to a Tampa Brain Injury Attorney Today 

If you’ve suffered a brain injury, no matter how okay you feel, you should discuss the matter with a Tampa personal injury lawyer early in the process. Brain injuries are unpredictable and the full extent of your injuries may not become apparent until later. Call Palmer | Lopez today to schedule a free consultation and learn more about how we can help.

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