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Average Settlement Value for a Brain Injury Lawsuit

Brain injuries can range from minor concussions to incredibly severe traumatic brain injuries (TBIs) that can cause recurring seizures or even a loss of cognitive function. The financial damages of brain injuries can be nearly as severe, as treatments for brain injuries can be incredibly expensive. If a brain injury is caused by the fault or intentional harm of another, that party can be held liable for the ensuing damages. At the top-rated Normandie Law firm, our skilled Los Angeles injury lawyers can assist you in filing a brain injury lawsuit. Our compassionate attorneys strive to help as many people as possible, so even if you currently have a lawyer handling your case, our top law firm will be able to provide you with an opinion on your case. An experienced attorney can take your call at any time.

Brain Injuries
The brain is the most important part of the human body, but it is also the most sensitive. Damage to the brain can cause long-lasting brain injuries and can be devastating to the victims who endure it. Brain injuries can come in a variety of forms and can arise from a variety of causes. Brain injuries can range from mild contusion brain injuries to severe concussions and TBIs that can leave victims with prolonged conditions that hinder the quality of life. In more serious instances, brain injuries can result in death. Listed below are some of the common brain injuries an individual can endure:

  • Concussion: Concussions are caused when the brain receives trauma from a direct or indirect impact or a sudden momentum change. In a concussion, the blood vessels in the brain can stretch, and cranial nerves can become damaged. Post-concussion syndrome can arise long after the date of the injury and can cause serious symptoms to continue for weeks, months, or years after the date of the injury.
  • Contusion: Contusions can be resulting from direct impact to the head. A contusion is a bleeding in the brain, and in severe cases may need to be removed through surgery. Contusions also adversely affect the intracranial pressure within the brain, which can be just as dangerous.
  • Coup-Contrecoup: These injuries are a kind of contusion wherein the damage occurs at the site of impact and on the opposite end of the brain where the impact occurred. This happens when the force of the impact is great enough to both cause a contusion at the site of the impact but also to make the brain slam into the opposite side of the skull, causing another contusion.
  • Diffuse Axonal: These type of brain injuries can be caused by a shaking or a strong rotation of the head (such as Shaken Baby Syndrome). This injury occurs when the sudden movements cause tearing in the brain’s structure. Diffuse Axonal brain injuries can produce temporary or permanent widespread brain damage, coma, or even death.
  • Penetration: Penetration injuries occur when an object forces itself through hair, skin, bones, and tissue to damage the brain. This is usually caused by the bullet of a gun, and 91% of all penetration brain injuries are caused by firearms.

Any of these or similar brain injuries can occur at a varying level or degree of intensity. The three categories of brain injury intensity are:

  • Mild Traumatic Brain Injury: A mild traumatic brain injury often causes a brief loss of consciousness, and is diagnosed when there is a change in mental status at the time of injury. This change is apparent when the victim is dazed, confused or loses consciousness.
  • Moderate Traumatic Brain Injury: Most brain injuries fit into mild and moderate degrees. Moderate brain injuries occur when a loss of consciousness lasts between a few minutes to a few hours. The victim can be left confused and dazed from days to weeks. Moderate brain injuries can also affect the physical, cognitive, and behavioral condition of a victim.
  • Severe Brain Injuries: severe brain injuries usually result from crushing blows to the head. These injuries can rip, and shear the delicate brain tissue and is extremely life-threatening. The treatment of severe brain injuries often involves prolonged hospitalization and extensive rehabilitation.

If you or a loved one has endured a brain injury, whether minor or severe, as a result of the fault or intentional harm of another you may be entitled to significant monetary compensation. In pursuing legal action, it is highly recommended that you seek the assistance of an expert attorney. A qualified personal injury attorney who has experience handling brain injury claims can mean the difference between filing a successful claim for compensation and having your case dismissed from court.

Your Case
When clients come into our law firm seeking legal assistance with their brain injury lawsuits, they often ask a broad range of questions that are quite similar to the questions of other clients. Some of these frequently asked questions are listed below:

  • How much is a brain injury case worth in California?
  • What is the average value of a brain injury lawsuit in California?
  • What is the average settlement value of a traumatic brain injury lawsuit in California?
  • What are the average case payouts in California?
  • What is the average compensation or payout for a brain injury?

Generalizing the value of any case can be quite challenging because every case is different, and the outcome of every case is different. For this reason, things like determining the average settlement amount of a case, or the average payouts of a case cannot be done accurately. The value of one specific case can throw off an entire average, which could mislead clients whose case may not fit into the parameters of the case average.

However, that is not to say that it cannot be done. One of the best ways to get a rough estimate of how much your case is worth is to calculate the damages that you have endured with the help of an accomplished attorney who has experience in brain injury cases. These compensatory damages can be set into three different categories: economic damages, noneconomic damages, and punitive damages.

Economic damages typically make up the bulk of any victim’s compensation amount Some common elements of economic damage compensation are as follows:

  • Past Medical Bills: These are the medical bills that the initial injury may have caused. Medical expenses usually make up a majority of any personal injury case.
  • Future Medical Bills: Future medical bills are the hospitalization or treatment costs that may be required after the initial injury but is still caused by the initial injury.
  • Loss of Income: These compensatory damages are meant to reimburse the victim for any wages lost from the injuries. This is found through a thorough examination of salary history and can include sick and vacation time.
  • Loss of Potential Income: Sometimes injuries can be so severe that the victim may never be able to perform at the level they had performed at prior. To discern the amount, a complicated formula is used that involves an examination of a victim’s projected earnings and the impact that the damages may have had on the victim’s ability to find and perform future work.

Noneconomic damages, often referred to as general damages, provide compensation for non-monetary losses. These non-monetary losses are difficult to calculate as they do not carry any definable monetary value. An attorney with expertise in brain injury lawsuits can assist in determining this amount. These noneconomic damages can include pain and suffering, emotional distress, and a loss of consortium (companionship).

Punitive damages are often the most challenging damages to fight for. Punitive damages are added to the value of a case to punish the defendant and to deter them from engaging in similar conduct in the future. Lesser attorneys will settle the case without fighting for punitive damages, underperforming during the verdict and the settlement. However, at Normandie Law Firm, our top attorneys with experience in brain injury cases are committed to ensuring our clients have all the resources possible to receive the compensation that they deserve, including compensation for punitive damages.

About Normandie Law Firm
If you or a loved one has suffered the damages from a brain injury as the result of misconduct or negligence of another, you may be entitled to file a brain injury lawsuit against the at-fault party. If you file a claim with our Los Angeles law firm, our passionate brain injury attorneys can assist you in building your case, and file a claim for complete compensation of your damages. Our attorneys practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California. If you contact our law offices today, we can walk you through the complicated process of filing your claim and earning the compensation you deserve. As a show of our commitment, under our zero fee guarantee policy our clients don’t pay for our services until we follow through on our promise and win your case. Call today to speak to a lawyer experienced in brain injury cases.

Free Second Opinions
If you already have an attorney and having doubts, you can always contact us for a free second opinion on your case. Our compassionate and experienced lawyers will listen to your story and let you know their legal opinion on your case, without expecting anything in return.

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