How Do I Know How Much My Head Injury Claim Is Worth?

If you’ve suffered a head injury in an accident resulting from someone else’s negligence, you’re likely experiencing pain, confusion, and anxiety about the future. On top of that, you’re probably worried about mounting medical bills and lost wages. It’s natural to wonder, “How do I know how much my head injury claim is worth?”

Determining the value of a head injury claim isn’t straightforward. Each case is unique, with various factors influencing the potential compensation. Read on to learn more about the types of head injuries, the compensation you could receive, and the factors that could affect your compensation.

For detailed advice and guidance based on your situation, contact a head injury attorney in Tulsa for a free consultation.

Schedule A Free Consultation

Types of Head Injuries

Not all head trauma injures the brain, but even the mildest head injuries can lead to painful results. This designation determines their value in an insurance claim.

Traumatic Brain Injuries and Concussions

The most prevalent form of traumatic brain injury is a concussion. Concussions typically occur when the brain experiences a strong jolt, causing it to contact the inner walls of the skull.

However, traumatic brain injuries can be much more severe and cause considerable hardships on people’s lives.

Along with concussions, other types of head injuries include:

• Contusions: These bruises on the brain can cause swelling and bleeding.
• Diffuse axonal injuries: These occur when the brain moves inside the skull, causing nerve tissue to tear.
• Penetrating injuries: Penetrating injuries happen when an object, such as glass shards, pierces through the skull and brain.
• Hematomas: Intracranial hematoma refers to the presence of bleeding within the skull or brain. Blood clots can form inside the skull or on the brain’s surface.
• Skull fractures: Cracks or breaks in the skull bones.
• Facial injuries: Injuries to the nose, sinuses, and jaw.

You can also experience scrapes, cuts, and bruises to the head. The severity and long-term effects of any of these injuries can vary widely, impacting the potential value of your claim.

Types of Compensation You Could Receive from a Head Injury Claim

The type and severity of injury determine the medical treatment you will need. The treatment you receive directly impacts your claim’s value. Mild concussions might require rest and monitoring, while severe TBIs could necessitate surgery, intensive care, and long-term rehabilitation. As you deal with and recover from your injuries, some compensation a personal injury attorney could help you obtain through a personal injury claim include:

Medical Expenses

Your claim should cover all medical costs related to your injury, including:

• Emergency room visits
• Hospitalization
• Surgeries
• Medications
• Rehabilitation services
• Future medical care

Lost Income

If your injury forced you to miss work or reduced your earning capacity, you could recover:

• Wages lost during recovery
• Reduced future earnings
• Loss of employment benefits

Lifecare Expenses

Severe head injuries might require ongoing care. Your claim could include costs for:

• In-home care
• Assistive devices
• Home modifications
• Transportation accommodations

Non-economic damages

These intangible losses can significantly impact your life:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (impact on personal relationships)

Factors That Could Affect Your Head Injury Compensation

While every head injury case is unique, several key factors can significantly influence the value of your claim:

• Severity of the injury: The more severe your head injury, the higher your claim’s potential value. Severe traumatic brain injuries that result in long-term disabilities typically warrant larger settlements than mild concussions.
• Clarity of liability: If the other party’s fault is clear-cut, it can strengthen your claim. However, if there’s shared responsibility or disputed liability, it might affect the compensation you receive.
• Quality of evidence: Strong evidence supporting your claim, such as clear medical records, accident reports, and eyewitness testimonies, can positively impact your case’s value.
• Impact on your life: The extent to which the injury affects your daily life, work, and relationships plays a crucial role. Significant life changes often lead to higher compensation.
• Your age and health before the accident: Younger individuals with a long work life ahead may receive higher compensation for future lost wages. Pre-existing conditions can complicate claims, potentially reducing their value.
• Insurance policy limits: The at-fault party’s insurance coverage can cap the amount you’re able to recover, regardless of your damages.
• Your own actions: If you waited to seek medical treatment or failed to follow doctor’s orders, it could negatively impact your claim’s value.
• Location of the case: Compensation can vary based on the jurisdiction where your case is filed, as some areas tend to award higher damages than others.
• Strength of legal representation: An experienced attorney who knows how to build a compelling case and negotiate effectively can often secure higher settlements.
• Your patience and willingness to negotiate: Quick settlements are often lower. Being willing to engage in prolonged negotiations or go to trial if necessary can lead to higher compensation.
• Economic factors: The current and projected costs of medical care in your area can influence the value of your claim.
• Emotional impact: While harder to quantify, the emotional trauma and mental health effects of your injury can significantly affect your claim’s worth.

Understanding these factors can help set realistic expectations for your claim. An experienced head injury attorney can provide a more accurate assessment of your specific situation.

What You Should Do After Suffering a Head Injury in Oklahoma Someone Else Caused

• Seek immediate medical attention: Your health comes first. Some head injuries may not show symptoms immediately, so getting checked out is crucial.
• Report the incident: If it’s a car accident or a slip and fall, notify the appropriate authorities.
• Gather evidence: If possible, take photos of the accident scene and your injuries. Collect contact information from witnesses.
• Keep records: Save all medical bills, prescriptions, and documents related to your injury and treatment.
• Don’t give statements to insurance companies: They may use your words against you later.
• Contact an attorney: An experienced head injury attorney can guide you through the legal process and protect your rights.

How Long You Have to File a Personal Injury Lawsuit

Time is of the essence when it comes to filing a personal injury lawsuit. Each state has its own statute of limitations, which sets the deadline for filing a claim. In Oklahoma, for example, you generally have two years from the date of the injury to file a personal injury lawsuit. However, there can be exceptions to this rule, so it’s best to consult an attorney as soon as possible.

Waiting too long to file can result in losing your right to seek compensation altogether. Additionally, evidence can disappear, and witnesses’ memories can fade over time, potentially weakening your case.

Is a Settlement and a Verdict the Same Thing?

No, a settlement and a verdict are not the same thing, though both can result in compensation for your injuries.

A settlement is an agreement that you (the plaintiff) and the defendant (or their insurance company) reach outside of court. Most personal injury cases are resolved through settlements. They’re typically faster and less expensive than going to trial. In a settlement, you agree to accept a certain amount of compensation in exchange for dropping your lawsuit.

Conversely, a judge or jury delivers a verdict after a trial. If your case goes to trial, both sides present their evidence and arguments. The judge or jury then determines whether the defendant is liable and, if so, how much compensation you should receive.

Both settlements and verdicts have their pros and cons. Settlements offer more control over the outcome and are usually quicker, but they might result in less compensation. Verdicts can potentially lead to higher awards but come with the risk of losing the case entirely.

If the at-fault party won’t negotiate a fair settlement, or if the insurance company acts in bad faith regarding your claim, your attorney may recommend taking them to court and suing them for the money you need.

The Impact of Head Injuries in the U.S.

Understanding the prevalence of head injuries can put your situation into perspective:

According to statistics from the International Brain Injury Association:

• More than 1 million people in the U.S. receive treatment and are released from emergency rooms for traumatic brain injuries (TBIs) each year.
• Around 230,000 people are admitted to the hospital for TBI treatment.
• About 80,000 in the U.S. sustain a TBI-related disability each year.
• Nationwide, around 50,000 people die because of brain injuries annually.

Over 5.3 million American citizens are currently living with some sort of TBI-related disability. TBIs are among the leading causes of seizure disorders, and brain injuries are a leading cause of death worldwide.

These statistics highlight the significant impact of head injuries on individuals and society as a whole. They also underscore the importance of seeking fair compensation when someone else’s negligence causes such injuries.

What Will an Attorney Do for Me in a Head Injury Case?

Navigating a head injury claim can be complex and overwhelming, especially when you’re trying to recover. Here’s how an experienced head injury attorney can help:

• Investigate your case: They’ll gather evidence, interview witnesses, and consult with experts to build a strong case.
• Determine liability: Your attorney will identify all potentially responsible parties to ensure you seek compensation from all possible sources.
• Calculate damages: They’ll work with medical experts and economists to accurately assess the full extent of your current and future losses.
• Handle insurance companies: Your lawyer will communicate with insurance adjusters, protecting you from tactics to minimize your claim.
• Negotiate settlements: They’ll use their experience to negotiate for a fair settlement that covers all your needs.
• Prepare for trial: If a fair settlement can’t be reached, your attorney will be ready to take your case to court.
• Provide guidance and support: They’ll answer your questions, explain your options, and help you make informed decisions throughout the process.
• Ensure compliance with legal procedures: Your attorney will make sure all necessary documents are filed correctly and deadlines are met.
• Consult with experts: They’ll work with medical professionals, accident reconstruction specialists, and other experts to strengthen your case.
• Maximize your compensation: An experienced attorney can present your case effectively to achieve the best possible outcome.

Having a knowledgeable advocate on your side can significantly affect the outcome of your head injury claim.

Contact an Experienced Head Injury Attorney Today

If you or a loved one has suffered a head injury due to someone else’s negligence in Oklahoma, don’t face this challenging time alone. The experienced personal injury attorneys in Tulsa at Aizenman Law Group are here to help you navigate the complex legal process and fight for the compensation you deserve.

Contact us today for a free, no-obligation consultation. We’ll review your case, answer your questions, and help you understand your legal options. We work on a contingency fee basis, which means you won’t pay us anything upfront to represent you. We only accept attorney fees if we recover compensation on your behalf.

Schedule A Free Consultation