What Is the Average Payout for a Head Injury?

When an accident occurs, you may be wondering, What is the average payout for a head injury? Head injuries can happen in many ways, from a car accident to a slip and fall to a workplace mishap. A claim for one of these injuries can quickly become complicated and require the consideration of the many factors involved to reach a fair and just payout amount.

If you or any of your loved ones suffers a head injury, time can suddenly seem to stand still. With medical appointments, treatments, rising expenses, and even lost wages, you wonder if everything will ever move forward again. While regaining your pre-accident life might not be entirely possible, the right personal injury lawyer can help you move forward. They understand the complexities of head injuries and the challenges you face, both physically and financially.

What Is the Average Payout for a Head Injury?

When it comes to head injuries, rarely are the circumstances surrounding them exactly alike. Essentially, then, there is no definitive average payout for a head injury, because every accident and its circumstances are different.

While knowing a range of possible payouts might offer temporary comfort, experienced attorneys advise that actual payouts depend heavily on various factors specific to your situation and injury type. These factors can vary depending on your situation and type of injury. To get a more accurate estimate of what your claim might be worth, it’s best to consult with a lawyer who can assess your specific case and provide you with personalized guidance.

Instead of relying on averages, then, it’s imperative to know the factors that can influence a payout. Next, you need to look at how those factors apply to your situation and what can be proven.

What Factors Impact the Average Settlement Amount for Head Injury?

Insurance companies may follow their own chart or system of offering average settlement amounts when situations are similar. However, accepting one of these is rarely in your best interests. The average settlement amount for head injury claims depends on how your particular situation is influenced by the factors involved. Below are the factors that can affect, impact, or influence a settlement.

Settlements, or payouts, can vary greatly in a head injury claim.

Injury Severity

A major factor in any settlement is the severity of the injury sustained. Head injuries range from mild to most severe, from minor concussions to traumatic brain injuries. Precise calculations based on the severity of your injury are a challenging but crucial part of your claim. Working with a lawyer experienced in handling brain injury cases will prove invaluable in navigating the complexities of your case and fighting for the compensation you deserve. Their knowledge and understanding will be instrumental in ensuring your rights are protected throughout the legal process.

Fault and Liability

When negligence is involved, determining fault and liability will affect the settlement amount. Often, the other party will dispute liability and resist offering a high enough settlement. Proving this liability will be important to the amount of payout you can receive. In other instances, the liable party will admit to fault or negligence but dispute the type, amount, and severity of your injuries in an attempt to lower any settlement amount. Proving the other party’s fault is critically important in Alabama, as the state is one of the very few that use a contributory negligence standard. What it means is that if you contributed to your injury in any way, you may not recover damages at all.

For the sake of comparison, a large portion of states use a modified comparative negligence standard, which means that even if you contributed to your accident in some way, you may still recover damages. However, the amount will be reduced by your percentage of fault. For instance, imagine you are speeding in Georgia —  a state with a modified comparative negligence standard  — when another car runs a red light and hits you. You end up suffering a brain injury and have significant hospital bills and lost wages. An insurance company may determine that you are 10% at fault for the incident. If a jury wanted to award you $100,000, that amount would be reduced by 10%, leaving you with $90,000. However, if you were injured in Alabama, the fact that you contributed to the accident at all would generally mean you could recover nothing.

Multiple Party Liability

If more than one party contributed to the accident that caused your head injury, different insurance companies might be involved. It will be necessary to determine how much each party is at fault and what amount each should pay. With this, your settlement can be considerably higher than if just one party caused your accident.

It takes an experienced lawyer to identify all liable parties and maximize your chances of a fair settlement, and Caldwell Wenzel Asthana is up to the challenge. Call us at (251) 444-7000 for a free consultation.

Lost Wages

If you suffer a serious injury that leaves you temporarily or permanently unable to work, your lawyer will attempt to recover compensation for your lost wages. The higher your typical wages, the higher your settlement is likely to be. For instance, if your injury made it impossible for you to work for a year, which would normally earn you $50,000, you’ll likely receive a greater settlement than if you usually earn about $25,000 per year.

Most of the time, a personal injury settlement will also compensate you if you can still work but have a diminished earning capacity. Compensation usually makes up the difference between what you would have earned had you not been injured. Depending on how dramatic your loss of earning capacity is, this can be a significant part of your compensation.

For example, imagine that before you were hurt you were a computer engineer making $100,000 per year. Because of your brain injury, you can no longer work in computer engineering, but you can work in your old office as an office manager, making $50,000 per year. If your legal team estimates that you have about ten more working years before you retire, your lawyer would likely argue that you’re entitled to the extra $50,000 per year you could have earned had you not been injured. Multiplied over ten years, that’s $500,000.

Plaintiff’s Characteristics and Actions

Often, a settlement amount will take into consideration the injured person’s age, number of dependents, occupation, and various other characteristics. Additional factors can also receive attention, such as whether you sought medical attention right away or whether you could have avoided the accident in some way. Alabama recognizes contributory negligence, and this can affect the amount of any payout.

The stronger and more solid your case, the higher the settlement can be. The higher average settlements are most often the result of legal representation and another reason to wisely select the best attorney for your case.

What Damages Are Included in a Payout for Head Injury?

The Right Lawyer May Help Recover the Compensation You Deserve

In order to anticipate the payout for head injury claims, it’s important to understand what damages may be included. There are two categories of past and future damages you can seek. These are economic damages and non-economic losses. Let’s look at each of these separately.

Economic damages refer to the out-of-pocket expenses or losses occurring as a result of the injury. These include:

• Medical expenses (past, present, and future)
• Lost wages
• Diminished or lost earning capacity
• Property replacement, if involved
• Burial and funeral expenses in cases of wrongful death.

Non-economic losses or damages are more difficult to determine and calculate and include:

• Your pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Loss of companionship or consortium.

You may also be able to include other damages, depending on your case. Determining which ones apply and calculating amounts to attribute to each one is an important step to take before ever entering into negotiations with an insurance company.

While there’s no definite answer about average head injury payouts, you now understand what can potentially be included in your claim. If you’ve sustained a head injury, seeking guidance from a Mobile, AL, wrongful death lawyer can be invaluable. They can help you navigate the legal process, evaluate your specific case, and fight for the compensation you deserve.

What is Involved in Negotiating a Settlement for a Head Injury Claim?

In the majority of head injury claims, a settlement is reached with the insurance company. The accepted settlement may not be the first one offered, however, as insurance companies will start with their lowest offer in most cases.

When negligence by another is involved, it will be imperative to determine what amount you will be willing to accept in return for settling the case without having to go to trial. Litigation costs can get expensive quickly, and insurance companies know that, which makes avoiding trial their ultimate goal. Here’s how the process usually works:

1. Your Lawyer Builds a Case and Files a Lawsuit

If you want negotiations to be successful, you need to have evidence supporting your case. Plenty of individuals claim they have serious injuries or that they have suffered major financial losses, but insurance companies aren’t willing to settle based only on what you tell them.

They need evidence, and your personal injury lawyer will get to work gathering that evidence, which often includes the following:

• The police report related to your accident
• Medical records
• Medical bills
• Witness statements
• CCTV, traffic camera, or dashcam footage of the incident
• Photos of the accident scene
• Photos of your injuries
• Testimony from your doctors
• Testimony from medical experts
• Receipts for medical equipment, transportation, and any injury-related costs.

You can help your lawyer through the evidence collection process by retaining medical bills, hospital discharge summaries, receipts for medications, and any other expenses related to your injury. Once your lawyer has assembled all necessary evidence, they will prepare and file a personal injury lawsuit on your behalf.

2. The Two Sides Attempt to Reach a Settlement Agreement

It’s usually in the best interests of the at-fault party’s insurance company to settle, and more often than not, the insurer will indeed reach out with a settlement offer. However, its first offer is likely to be exceptionally low. Insurance companies tend to start with values that are far less than your case is worth just to see if you’ll accept and save them money as a result. Your lawyer will likely make a counteroffer, and negotiations may continue for some time. If you do reach an acceptable settlement amount, the insurer will send a check to your lawyer, who will then subtract their legal fees and give you the rest.

3. If Needed, the Case Goes to Trial

Most head injury cases (and personal injury cases in general) settle. However, if both sides can’t agree on a settlement, the case goes to trial. Both sides will present evidence, call and cross-examine witnesses, and argue their case before a judge (and sometimes a jury) decides the outcome. If you win your case at trial, you may receive more than you would have if you had settled the case. However, trials are notoriously unpredictable, so it’s also possible to walk away with nothing.

Experienced head injury attorneys understand this process and know how to negotiate for the highest compensation available. They take the time to calculate the value of your claim and confidently discuss and deal with insurance companies until reaching the best settlement for you.

Contact the Experienced Head Injury Attorneys at Caldwell Wenzel Asthana Today

Your Choice of Representation Makes All the Difference

If you suffer from a recent head injury and are not sure where to turn, the legal team at Caldwell Wenzel Asthana is here to help. We will help you file your claim, negotiate with the insurance companies, and even file a lawsuit if needed. With our vast experience in head injury cases, we know how to fight for the highest payout available for your circumstances and won’t stop until you are treated fairly.

Few injuries cause the serious devastation that a head injury can. If you’ve suffered a recent head injury because of another person’s reckless or careless actions, call Caldwell Wenzel Asthana at (251) 444-7000.