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Should I Accept A Traumatic Brain Injury Settlement?

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A traumatic brain injury can, in a blink of an eye, alter the trajectory of your life. Brain injury victims may experience memory loss, difficulty concentrating and focusing, be unable to work or complete everyday tasks previously taken for granted, and lose their ability to find joy in activities they once loved—all while facing overwhelming medical bills and other expenses.

If you have experienced a traumatic brain injury due to someone else’s negligence, then it is likely that you are eligible for financial compensation. You can either negotiate a reasonable settlement with an insurance provider or take them to court and fight tirelessly for the reparation you rightfully deserve.

Although most TBI cases are resolved outside of court with a settlement agreement, you should never accept the initial (or even second or third) offer that an insurance company may provide. Calculating a reasonable amount as compensation is not easy and taking less than necessary to sustain your needs can lead to extreme financial strain in the future. Don’t be afraid to fight for what’s fair!

In conclusion, while it is a valuable investment to pursue obtaining a TBI settlement, the process inherently carries risk. Before reaching an agreement with any party or agency, ensure that you are fully confident that your payout will be sufficient for all present and future needs.

Reasons Why Settling Too Soon After A TBI Can Be Risky

Insurance companies frequently attempt to persuade people suffering from traumatic brain injuries (TBIs) and their loved ones to settle quickly. Unfortunately, this may not be in your best interest. To help illustrate why you should avoid settling a TBI personal injury claim prematurely, here are some key factors to consider:

  • You Might Not Fully Understand The Extent Of Your Injuries Yet

It’s common to be overly hopeful with regard to your future medical and care requirements–particularly if you are in the early phases of recovery. You may believe that it won’t take more than a few months or maybe even a year until you can return back to work or normal life activities. However, such thinking is often inaccurate and underestimates what your needs could actually be.

If difficulties and complications arise, you could experience a long-lasting loss of income and mounting medical expenses. To ensure that your needs are taken care of in the future, working with an attorney is essential as they can collaborate with physicians or other specialists to accurately evaluate what your potential requirements would be. Unlike insurance companies who have their own motives in mind—which could often be less beneficial for yourself—your lawyer will always strive to safeguard your best interests.

  • Insurance Companies Don’t Have Your Best Interests at Heart

Regrettably, insurance company places their focus on figuring out the least amount of money they can offer you, in an effort to prioritize their own financial interests. They are not concerned with ensuring that your payout adequately covers your recovery costs.

Generally, the insurance company’s initial offer will be less than what your case deserves and also lower than how much they are prepared to pay.

  • Settlements Are Final

When you agree to a settlement, you are giving up your right to seek further recompense. Even if the amount of the settlement is insufficient and more medical care is needed in the future, there’s no way for you to get another chance at getting proper compensation.

Why You Need An Attorney Before You Accept A Settlement Offer

As a victim of traumatic brain injury, it is essential to remember that the insurance corporation you are working with wishes to settle your case for its minimal possible value. Insurance companies have one goal in mind: maximize their profits by paying out as little money as required on claims so they can meet their contractual commitments. The insurer will not be looking out for you and is under no obligation to make an equitable settlement offer.

As a first-time claimant, you’re at an important downside when facing the insurance company. They handle injury claims every day and understand exactly how to make victims admit partial blame or employ strategies that slow down the process so they can get claimants to accept less in compensation than what their case is really worth. Furthermore, chances are that as a victim you don’t really know what your claim is truly worth – all these components combined may cause you to take an offer that drastically undervalues your actual case value.

As soon as you enlist the assistance of an attorney, they will meticulously analyze your case and determine its potential worth in court. Your lawyer will also ensure that you are treated fairly by the insurance company. However, if it is uncooperative or refuses to do so, then your representative can file a lawsuit on your behalf and make sure that you receive full restitution for any damages stemming from your traumatic brain injury claim.

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Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

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What Is The Average Settlement For Traumatic Brain Injury?

There is no universal settlement amount for traumatic brain injury since each case and situation is distinct. The value of mild head trauma claims widely differs from that of serious, long-term impairment. Consequently, it’s difficult to predict what specific compensation you will receive prior to the resolution of your case.

However, damages for mild to moderate traumatic brain injuries can quickly accumulate and often exceed $100,000. For those with severe TBIs who require lifelong support including rehabilitation efforts and specialized equipment – settlements may reach the millions mark. While this is a considerable sum of money, it barely scratches the surface when taking into account all of the costs associated with dedicated care such as ongoing treatment and caregiver assistance.

Will The Severity Of A Brain Injury Affect Settlement Amounts?

Absolutely. Generally speaking, the settlement for a brain injury will grow in value as the severity of the accident increases. For instance, if you have suffered from a traumatic brain injury that is very serious compared to someone with a mild concussion or insignificant trauma to their head; then you are much more likely to receive an ample reimbursement than them due to your extensive damage and need for medical attention.

Severe injuries may result in expensive medical bills, lost wages, and anguish. These can add up to much higher settlement values for the injured party. Furthermore, if a traumatic brain injury has occurred then long-term therapy or even lifelong healthcare costs could be imposed on the responsible individual – thus increasing potential settlements further still.

Types Of Brain Injury Settlements

Settlements for traumatic brain injury vary depending on the type of compensation you accept, as well as its respective severity. For example, someone who experienced a few weeks lost from work due to a mild concussion cannot hope to receive the same amount of remuneration that someone else would secure if they had required months – or even years – worth of rehabilitation. Ultimately, settlement amounts are determined by how severe your specific brain injury was and is.

  • Minor Brain Injury Settlement

A concussion is a mild form of traumatic brain injury, and due to the nature of its effects on individuals, settlement values vary significantly. Generally speaking, recovering from a concussion can take up to one month however there are cases where symptoms linger for months or even years. Cognitive impairment in particular has been known to persist long-term after suffering such an injury which may affect the final value when it comes to settlements related to concussions.

  • Moderate Brain Injury Settlement

The effects of a traumatic brain injury can often be felt for life. Severe depression, cognitive difficulties, lack of focus, chronic pain, and sleeplessness are just some examples that the victim may have to endure indefinitely. Due to such traumatizing long-term damages inflicted on an individual’s quality of life, those who suffer from moderate traumatic brain injuries tend to receive higher settlement amounts in comparison with other cases.

  • Severe Brain Injury Settlement

In cases of severe brain injury, a person faces a potentially lifelong disability. Even if some degree of recovery is achieved, it may not be sufficient to restore full functioning. When evaluating the financial settlement for such an event, one must consider all impairments incurred as a result – including coordination difficulties, seizures, and memory loss in addition to potentially being forced into an unconscious or vegetative state which can cause profound suffering for those affected and their families.

Don’t Settle For Mediocre Compensation. Call Brain Injury Lawyer Texas!

If you or someone close to you has experienced a traumatic brain injury due to the negligence of another, it’s critical that you get in contact with Brain Injury Lawyer Texas’ compassionate and knowledgeable personal injury attorneys. Our legal professionals have helped countless victims navigate their way through these difficult times, seeking justice for them and ensuring they receive recompense for their suffering. Don’t wait any longer—contact us today to arrange a free initial and confidential consultation.

At Brain Injury Lawyer Texas, our passionate personal injury attorneys are committed to helping you maximize brain injury compensation. We work on a contingency basis, so that means you won’t pay us unless we secure damages for you. This way, your present and future needs will be supported financially without any out-of-pocket expenses from your side!

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.