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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 you want to get back to where you were before the accident, that is not always possible.
Knowing what your options are at a time like this is essential and where an experienced head injury attorney can help. Not only will this let you focus on healing and getting back to your day-to-day life, but it will advance your case. Your attorney will get to work on conducting a thorough review of the accident that led to your injury and determine how best to make a successful claim.
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 payout amounts might make you temporarily confident, it’s essential to note that payouts depend on a number of factors. These factors can vary, depending on your situation and type of injury.
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 your situation applies to those factors and what can be proven.
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 interest.
The average settlement amount for head injury claims depends on how your particular situation and injury apply to the factors involved. So, what are the factors that affect, impact, or influence a settlement?
Settlements, or payouts, can vary greatly in a head injury claim.
A major factor in any settlement is the severity of the injury sustained. Head injuries range from mild to most severe, including concussions and traumatic brain injuries. Precise calculations based on the severity of your injury are a challenging but crucial part of your claim. For this, working with experienced brain injury attorneys will prove beneficial.
When negligence is involved, identifying fault and who is liable 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.
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.
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.
Essentially, 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.
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:
Non-economic losses or damages are more difficult to determine and calculate and include:
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.
So, while there is no direct answer to the question of what is the average payout for a head injury, at least now you know what potentially can be included in your claim and what you may receive compensation for.
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 this. So, avoiding going to trial is their ultimate goal.
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 negotiate with insurance companies until reaching the best settlement for you.
If you suffer from a recent head injury and are not sure where to turn, contact the legal team at Caldwell Wenzel Asthana (CWA) today at (251) 444-7000 for a free consultation. 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.