According to research, nearly 2 million people suffer from traumatic brain injury (TBI) in the US. There might be multiple reasons behind this, including slip and fall, automobile accidents, sports injuries, violence, and explosive blasts. Whatever the reason behind traumatic brain injury, you need proper treatment for it, which involves long, expensive medical bills. It is where you consider insurance companies for compensation.
Most insurance companies offer the minimum amount for settlement, but you can negotiate with them to get the amount you deserve. The negotiation tips for brain injury settlement amounts can give better results if you get assistance from experienced brain injury lawyers. Here are some of the most valuable negotiation tips:
- Evaluate the severity of the brain injury, its damages, and its long-term effects.
- Gather medical reports, evidence from the accident location, and witness testimonies to prove the second party’s negligence or fault.
- Also, consider pain, suffering, inability to work, and emotional trauma for the best possible negotiation.
- Use a pain and suffering calculator to evaluate the amount you deserve after a brain injury accurately.
- Consult medical professionals to comprehend the damages and get accurate brain injury assessments.
- Prefer phased payments, so victims get the amount over time to meet their daily needs.
- Continuously negotiating a brain injury settlement amount is one of the most effective ways to deal with your insurance company.
- Pre-arrange all the documents to proceed with the case to the court, which pressures the insurance companies to settle for better terms.
What Kind of Losses Can You Consider in Brain Injury Compensation?
You can consider the following losses for brain injury compensation:
- Wage loss
- Medical expenses
- Pain and sufferings
- Future care needs
- Loss of capacity to earn
- Property damage
- Loss of companionship
Is It Easy to Negotiate a Brain Injury Settlement Amount as a Layman?
Negotiating for brain injury settlement amounts as a layman is complicated and delicate. You need industry knowledge, experience, and expertise to perform this job well. Your case roots must be well-bricked before negotiation. It will increase your chances of getting a high amount as compensation.
However, if you avoid doing so and deal with your claim yourself, you can experience many roadblocks and even failure after long-term struggles. Ultimately, you must hire a brain injury attorney to return to the right path. With their assistance, you will determine whether your case is strong enough to pursue. If yes, your attorney will help you through every turn of the journey.
What Factors Can Affect the Brain Injury Settlement Amount?
Many factors can affect the brain injury settlement amounts, including
- The severity of the injury
- Age of the victim
- Medical expenses
- Future care cost
- Lost wages and earning capacity
- Non-economic damages
- Cause of accident
- Degree of negligence
- Strength of evidence
- State laws for brain injury compensation
- Legal representations
- Insurance policy limits
How Long Does It Take for a Brain Injury Settlement?
In addition to the factors mentioned above, the complexity of the case and court processing decide how long do lawsuits take to settle. Minor brain injuries with explicit liabilities and medical reports don’t take much time and typically resolve between a few months to a year. However, for moderate to severe brain injuries, the process can take 1-3 years as they involve extensive medical evaluations, ongoing treatment, and more hectic negotiations. And if the case needs to be shifted to trials, it will take 2-5 years or more.
How Much is the Average Settlement for a Brain Injury?
Like the timeline, the severity of the injury decides how much you receive as a brain injury settlement amount. For mild brain injuries, the average amount falls between $20,000 to $80,000. However, for severe brain injuries, your compensation amount can be from a few thousand dollars to a million dollars or more. If the accident leads to disabling brain injury, the compensation amount will be in multi-millions dollars.
How Much Do Hospitals Usually Settle For?
In the US, hospitals take part in settling the claims for brain injuries. Minor cases mostly settle for $50,000 to $100,000. Similarly, the settlement amount can be $100,000 to $250,000 for moderate injuries. For severe injuries like TBI, the amount increases to $500,000 and $1,000,000 or more. In case you get a catastrophic brain injury, you can receive around $5 million in compensation.
What If You Don’t Like the Offer?
If you don’t like any offer from your insurance company while dealing alone, you must hire a brain injury lawyer for assistance. They better know how to get the most favorable offer. They consider the offer given by the insurance company as the starting point and negotiate for the best settlement using the ways discussed above.
Hire an Expert Lawyer from Michael Hua Injury Law for the Best Brain Injury Settlement!
If you cannot get the best offer from your insurance company even after negotiation and want to receive the amount you deserve, hire an experienced lawyer from Michael Hua Injury Law.
We are highly qualified lawyers who can help you in your case. Call us at (702) 852-2228 for a free consultation and discuss the basics of your case!
Looking forward to assisting you and equipping you with the best possible settlement amount. Call us now!
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