How to Determine the Value of a Traumatic Brain Injury Claim

Traumatic brain injuries (TBIs) are among the most catastrophic injuries a person can endure, often resulting in significant changes to a person’s life and well-being. These injuries not only affect the individual suffering from them but also ripple through their families, altering financial situations, personal relationships and daily routines. Given the profound impact of TBIs, victims may be entitled to compensation that can help manage the countless challenges they face. At Brassfield & Krueger, LTD., our experienced attorneys are dedicated to helping victims navigate the complex legal process, ensuring that their claims are properly valued and pursued diligently.

Determining the Value of a Traumatic Brain Injury Claim

Determining the value of a traumatic brain injury claim can be a challenging process due to the multitude of factors that must be considered. Each case is unique, and understanding the nuances involved requires both legal knowledge and a deep understanding of the specific circumstances surrounding the injury. Here are some critical factors that influence the value of a TBI claim:

Severity of Injuries

The severity of the injury is a primary factor in assessing the value of a TBI claim. Injuries range from mild concussions to severe brain damage, with symptoms that may include memory loss, cognitive impairment and physical disabilities. Generally, the more severe the injury, the higher the potential compensation, as the impact on the victim’s quality of life is considerably greater.

Emotional Suffering

Emotional suffering is another significant factor in determining the value of a claim. TBIs can lead to a range of psychological issues, including depression, anxiety and personality changes, which can severely affect interpersonal relationships and overall mental health. Compensation for emotional distress aims to address these intangible yet very real impacts on a victim’s life.

Impact on Earning Ability

A traumatic brain injury can drastically alter a person’s ability to earn a living. Whether the victim is unable to return to their previous employment or must accept a lower-paying job due to cognitive or physical limitations, the loss of earning potential is a critical consideration. Calculating future lost wages and decreased earning capacity is essential in ensuring fair compensation.

Gross Negligence and Liability

The circumstances leading to the injury play a significant role in claim valuation. Illinois law now allows punitive damages for certain wrongful death cases. If the injury resulted from gross negligence or reckless behavior, such as a drunk driving incident, the victim might be entitled to punitive damages in addition to compensatory damages. Moreover, understanding liability and the extent to which each party is responsible can also affect the claim’s value.

Insurance Policies

Finally, the insurance policies involved can influence the potential compensation. The coverage limits of the responsible party’s insurance will often impact the maximum amount available for settlement. However, an experienced attorney can explore all possible avenues to maximize the victim’s recovery.

Contact Our Law Office for a Consultation

Understanding the value of a traumatic brain injury claim is an essential step in securing the compensation necessary to support recovery and adaptation to life’s new challenges. Each factor, from the severity of injuries to the intricacies of liability and insurance, must be carefully evaluated to ensure a fair outcome. At Brassfield & Krueger, LTD., our dedicated attorneys are committed to guiding you through this complex landscape, advocating for your rights and working toward a settlement that reflects your losses. If you or a loved one has suffered a traumatic brain injury, contact us today. Let us help you navigate this difficult journey, ensuring that justice and fair compensation are within your reach.