The value of your traumatic brain injury (TBI) case depends on the unique details of your situation. Multiple factors determine how much money you can recover, including your injury’s severity, degree of negligence, and insurance policy limits.
Working with an experienced brain injury lawyer in Cincinnati will increase the value of your claim. They know how to use the available evidence to show your injury’s impact on your life. Also, you can strengthen your case by seeking immediate medical care and following doctors’ recommendations.
Factors that Impact How Much Your Brain Injury Case Is Worth
When it comes to brain injuries, every case is different. The effects can vary widely depending on the injury type and severity. Some people may have mild symptoms that go away quickly, while others face permanent disability.
The Severity of Your Injury
The more serious the injury, the higher the potential compensation. If you have severe, lasting symptoms like memory loss, your case is likely worth more. These types of debilitating brain injuries require extensive medical treatment and limit your ability to work.
Typically, cases involving mild TBIs result in lower compensation than those with severe, long-lasting effects. This is because the medical expenses, lost wages, and non-economic damages, such as pain and suffering, are less substantial.
Degree of Negligence or Fault
If the other party is clearly at fault, such as in cases of drunk driving, the compensation amount is likely to be higher. This is because the responsible party’s level of negligence directly affects their liability, often leading to larger settlements or verdicts.
On the other hand, if the injured person is partly at fault, the compensation might be reduced based on their share of the blame, or they may no longer be able to recover their losses. This depends on each state’s negligence laws.
For example, Ohio follows the modified comparative negligence rule. According to this, you can no longer recover any compensation if you are 51% or more at fault. A personal injury attorney can tell you more about how your state’s fault system impacts the value of your brain injury claim.
Insurance Policy Limits
This refers to the maximum amount of money an insurance company will pay out on a claim. Even if your brain injury is severe and your damages are very high, the insurance policy limits may cap how much you can recover.
For example, if you were injured in a car accident and the at-fault driver only has a $100,000 liability policy, that’s the most you can get from their insurance, no matter how much your claim is truly worth. In this case, you might also recover through your insurance policy or file a personal injury lawsuit to get more money.
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An Experienced Traumatic Brain Injury Lawyer Can Maximize the Value of Your Case
The key to a higher compensation or settlement is working with an experienced brain injury lawyer who can accurately evaluate the full extent of your injuries and calculate the true value of your claim. They’ll fight to get you the maximum compensation you’re owed based on the unique circumstances of your case.
Brain injury lawyers are skilled negotiators, fighting the insurance company to get you the maximum payout allowed under the policy limits. If your case goes to trial, an experienced brain injury attorney can present your story to a judge and jury. Their skills and knowledge can significantly affect the final settlement or verdict amount.
Consider working with a law firm that has handled many brain injury cases and built a track record of successful case results. Cooper Elliott has secured million-dollar settlements for several clients diagnosed with brain injuries.
How You Can Protect the Value of Your Claim
What you do immediately after the accident will impact how much your brain injury case is worth. Seek immediate medical attention to ensure your injuries are documented and treated promptly.
Following medical advice shows that you are taking your injury seriously and doing everything possible to recover. This will positively influence the perception of your case by insurance companies and juries.
There are many things you can do to strengthen your claim, including:
- Seek immediate medical attention
- Follow all medical advice and treatment plans
- Maintain a journal of daily pain and suffering
- Preserve all evidence related to the incident
- Avoid discussing the case on social media
- Cooperate fully with your legal team
Call an experienced brain injury attorney to ensure you take all the right steps after the accident and protect your right to recover your losses fully. The sooner you get legal help, the more time your lawyer can work on your case. Also, they can tell you more about when you should file a traumatic brain injury claim.
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Find Out How Much Your Traumatic Brain Injury Case Is Worth in a Free Consultation
Cooper Elliott offers free initial consultations with no obligation. During this consultation, you can provide details about the incident, your injuries, and their impact on your life. Our team will evaluate your case, explain your legal options, and estimate the potential compensation you might receive.
Over the years, we have secured more than $100 million for clients and always fight for the best possible outcome. Contact us today to discuss the next steps.
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