Traumatic brain injuries (TBIs) are often regarded as some of the most severe and complex injuries a person can sustain. These injuries may come with lifelong complications in serious cases, and victims deserve significant compensation.
TBIs are often very expensive to treat, and victims may incur enormous medical debt. On top of that, your injury might make it impossible to return to work, and you may lose valuable income. These and other costs should be included in your settlement. Additionally, we should claim extensive damages for the pain and suffering you have endured because of your injuries. Overall, a TBI settlement can be substantial.
Ask our Kingston, NY traumatic brain injury lawyers for a free, confidential case evaluation by calling Basch, Keegan & Spada at (845) 303-2748.
What Damages Can You Claim for a Traumatic Brain Injury in New York?
Your settlement should include compensation for all your damages, economic and non-economic. While your specific claims may vary, below are common sources of damages we should consider including in your claims.
Current Medical Bills
You have likely incurred some pretty expensive medical bills since you were injured. Traumatic brain injuries are often highly complex injuries that are not easy to treat. Victims may require extensive medical care, and you should save all the medical bills you receive.
Future Medical Bills
Your traumatic brain injury may be so severe that you require ongoing care that will last long past the end of your case. Put another way, you may incur additional medical bills for treatment that happens after you accept a settlement.
Our New York traumatic brain injury lawyers can calculate how much you will likely spend on future medical care and add it to your claims. We can talk to your doctor to understand what future medical care you will need and how much it will cost.
Lost Income
A TBI may make it difficult or impossible to continue working. You might have to take time off from work or leave your job entirely. The longer you cannot work, the more income you may lose, and the higher your damages and settlement should be.
Future Earnings
You may be unable to work long after you accept a settlement. We must make sure that your settlement accounts for income you have already lost and income you will lose in the future. Many TBIs are so serious that victims can never return to work, and a settlement should account for a lifetime of lost income.
Pain and Suffering
Victims may live with intense pain for a long time. On top of that, your brain injury may significantly reduce your quality of life. You might have to give up hobbies, a promising career, and living independently. Although these painful experiences do not come with a price tag, we must factor them into a potential settlement.
How to Account for Pain and Suffering in a New York Traumatic Brain Injury Settlement
As mentioned above, pain and suffering can be a serious and complicated aspect of your settlement. When determining what your claims are worth, we should consider the following factors.
Cognitive Impairments
A traumatic brain injury may cause severe cognitive impairments. Victims might have difficulty focusing, forming new memories, processing information, or reacting to their surroundings. In severe cases, a TBI victim may have impaired executive functioning, and they may be unable to live independently or care for themselves.
Lost Career Opportunities
A TBI can make it impossible to work, and you might have to give up your once-promising career. Many people find great fulfillment in their careers, and they may have spent a long time reaching their current position before a TBI took it all away. Losing your career may be incredibly painful, and we should account for this grievous loss in a settlement.
Enjoyment of Your Life
The overall effect of all your painful personal experiences may impact how you enjoy your life. If you find it much harder to enjoy your daily life, you deserve greater compensation. It may be a good idea to keep a daily journal and see a therapist.
How Do You Know if a Settlement for a Traumatic Brain Injury is Good Enough?
If you are left with unpaid medical bills or other expenses after accepting a settlement, the settlement is not a good one. We must also consider how a settlement accounts for future damages. If it does not, you might be in serious trouble in the near future.
Do you feel as though justice has been delivered? An important part of a settlement for TBI victims is whether they feel as though the wrongdoer has faced adequate consequences. If the defendant shows little remorse or only wants to throw money at the situation to make it go away, you may reconsider the settlement.
How Long Does it Take to Negotiate a Settlement for a Traumatic Brain Injury in New York?
Settlements can help injured victims get compensation faster than going to trial, but negotiating a settlement can still take time.
First, we may need time to fully understand your injuries, costs, and damages. We may spend several months evaluating your medical condition and assessing medical costs and future damages.
Second, actual negotiations can take a while. If the defendant is eager to settle, we might reach a final agreement in a few short weeks. However, because TBI cases often involve high damages, we may spend a few months negotiating before reaching an agreement.
Who Pays for a Traumatic Brain Injury Settlement?
In most cases, a defendant’s insurance may pay for a settlement. In some cases, insurance might pay for most of a settlement, and the rest might come from the defendant’s personal assets.
If your TBI is the result of medical negligence, we can sue the doctor and hospital responsible. Doctors must carry professional insurance that pays for settlements for injured patients. Hospitals also often have funds set aside to pay for injuries from medical negligence.
Can You Reject a Settlement Offer?
Yes. If a defendant offers a settlement, you are free to reject it. Generally, most settlement negotiations involve rejecting multiple offers before finally accepting one that is good enough. Not only that, but you are allowed to reject a settlement and completely walk away from negotiations in favor of a trial. You are not required to settle even if the defendant wants to.
Can You Change Your Mind After Accepting a Settlement?
Once you accept a settlement, your case is over, and the settlement cannot be altered. Only under very special circumstances can we argue that the settlement should be changed.
Usually, if we can prove the defendant coerced you into accepting a settlement or misrepresented material facts to keep the settlement low (e.g., fraudulent concealment), we can convince a court to overturn it.
Contact Our New York Traumatic Brain Injury Attorneys to Discuss Your Claims
Ask our New York traumatic brain injury lawyers for a free, confidential case evaluation by calling Basch, Keegan & Spada at (845) 303-2748.