Settlements for car accident cases involving traumatic brain injuries (TBIs) tend to be higher due to the extensive medical care needed, income loss, emotional toll the injuries have on victims, and long-lasting effects that victims may face. The higher compensation amounts for car accidents and traumatic brain injuries reflect the considerable health and financial consequences of these injuries.
If you or someone you love suffered a traumatic brain injury, the Chicago car accident attorneys at Lloyd Miller Law are here to help you pursue maximum compensation. Call 773-838-8100 to schedule your free consultation.
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How Traumatic Brain Injuries from Car Accidents Lead to Higher Settlements
Traumatic brain injuries from car accidents often cause short-term and long-term costs and impact physical and emotional well-being, which, when accounted for, result in higher settlements. The odds of TBI victims with strong evidence getting high jury awards at trial also pressure insurance companies into tabling higher settlement offers.
Even minor car accidents in Chicago can cause severe brain injuries. According to the Illinois Department of Public Health, 29,697 people sustained a TBI in Chicago and the rest of Illinois in 2021.
Significant Immediate Costs
Immediate costs tend to accumulate quickly after sustaining a brain injury in a car accident. TBIs often require emergency room treatment, hospitalization, scans, and surgeries. They frequently keep victims away from work for a significant period, leading to a loss of current wages. Accounting for these costs leads to higher settlement amounts.
Long-Term Consequences
Beyond the immediate costs, TBIs have long-term repercussions that victims may face. These settlements usually include projected future costs and losses, such as in-home assistance, specialized equipment, cognitive therapy, and lost future earnings, that escalate them to higher amounts.
Immense Physical and Emotional Strain
A TBI can have a substantial physical and emotional toll on the victim, which is also factored into the settlement calculations. TBIs can cause chronic pain and discomfort, personality changes, permanent disabilities, anxiety, depression, harm to relationships, and loss of enjoyment of life. You may be eligible to collect additional compensation for these intangible, yet very real, effects of brain injuries.
Juries Acknowledge the Severity of Brain Injuries
In accident cases involving TBIs that have strong evidence, juries recognize the severity of harm that brain injuries can cause to victims and take the cases seriously. With well-documented evidence, victims and their Chicago car accident attorneys increase their odds of a court victory and gain more leverage to negotiate for a more favorable settlement.
Long-Term Medical Costs and Lost Wages: The True Financial Impact of a TBI
Car accidents and traumatic brain injuries often have a lasting impact on victims’ ability to function, making it impossible for them to return to their previous work and necessitating long-term care. Some victims experience ongoing health issues, such as chronic pain, seizures, and memory lapses, that lead to costs incurred for ongoing medical appointments, neurological appointments, rehabilitation, and medication. In some cases, in-home nursing care is necessary.
TBIs resulting in functional limitations or permanent disabilities impact a victim’s ability to advance his or her career, work and earn at the pre-injury level, or permanently cause the inability to work. This results in lost earning capacity. The long-term costs related to future medical expenses and reduced earning potential should be considered when calculating damages in a TBI settlement.
Proving the Full Impact of Brain Injury in Settlement Negotiations
Demonstrating the full extent of a brain injury in settlement negotiations requires solid evidence like detailed medical documentation, documentation of the TBI’s impact on your life, and expert testimony. You must prove the full impact of a TBI to obtain a settlement that adequately compensates you for the damages suffered.
Comprehensive medical records matter because they create a solid foundation for your claim. These include:
- Ambulance report
- Diagnostic imaging
- Treatment plans
- Doctor’s notes
- Cognitive evaluation
- Records of your follow-up doctor appointments
A personal journal documenting how the brain injury affects your daily life is valuable in demonstrating the extent of your non-economic damages. Detailed records of bills, invoices, receipts, pay stubs, and employment records help show the monetary losses you’ve suffered due to the injury.
Expert witnesses are critical in proving the full extent of damages in TBI cases. Medical experts can explain the long-term prognosis of your injury. Economists and life care planners can help quantify lost wages, earning potential, and costs of future care.
Why You Need a Brain Injury Attorney
Despite the seriousness of brain injuries, insurance companies often try to keep settlement payouts as low as possible. Thanks to familiarity with the average settlement for a TBI, a brain injury attorney helps ensure insurers don’t take advantage of you.
Investigating the Crash
An attorney will investigate your accident to identify the negligent parties you can hold accountable. For example, if your crash was caused by a drunk driver in Chicago, Illinois’ Dram Shop laws allow you to sue the local bar or restaurant where the driver was over-served. Investigations also involve your attorney gathering evidence that helps build a persuasive case.
Enlisting Expert Witnesses
A traumatic brain injury lawyer will enlist expert witnesses like medical professionals, economists, and vocational experts on your behalf. These professionals help project your needs and validate the present and future financial losses resulting from your injury.
Calculating Damages
An experienced lawyer will know how to value your claim properly. He or she will take your non-economic losses and future damages into account when calculating your damages.
Negotiating With Insurers
A brain injury attorney will negotiate aggressively with the liable insurers for a settlement value that reflects the true cost of your injury-related losses. Your attorney can use the threat of a TBI lawsuit to get an insurance company to raise the settlement offer.
Contact us at Lloyd Miller Law today for a free consultation with one of our experienced Chicago brain injury attorneys. We have more than 75 years of combined experience in building strong cases, negotiating with insurance companies, and pursuing the maximum compensation.
Frequently Asked Questions About Car Accidents and Traumatic Brain Injuries
What Is the Value of My TBI Case?
Several factors affect the value of a TBI case. The best way to estimate the value of your case is by consulting a brain injury lawyer.
How Can I Maximize My TBI Settlement?
You can maximize your car accident settlement by:
- Seeking medical care immediately
- Documenting everything related to your injury
- Following all medical advice
- Avoiding quick settlements
- Consulting an experienced attorney
How Long Does It Take to Settle a TBI Case?
Factors like the severity of your injuries, duration of your recovery, number of negligent parties involved, and liability disputes affect your case’s timeline. Some cases settle within months, while others can take a year or more to resolve.
