Brain injuries encompass any kind of blow to the head that results in a long-term physical or mental impairment. A traumatic brain injury (TBI) can result from an accident, a fall, sports injuries, violence or complications arising from substandard medical care. If you sustain a traumatic brain injury as a result of someone else’s negligence, you may consider seeking compensation for medical expenses, pain and suffering, loss of income, and other damages.
It is no secret that TBI lawsuits result in huge settlements and verdicts. But how are TBI claims determined? Here are three factors that come to play when determining the compensation amount during a traumatic brain injury suit.
Extent of liability
TBI lawsuits where liabilities can be clearly established tend to result in larger settlement amounts. On the other hand, if liability is more difficult to prove, this may impact the awarded damages. Remember, California is a pure comparative negligence state. This means if the defendant can prove that you are 20% responsible for the accident that resulted in your injury, then whatever award you will receive will be reduced by 20%.
Number of people involved in your brain injury
If you are suing more than one party for your TBI claim, this is referred to as multiple tortfeasors in law. In this case, each defendant will have their own legal representation. The more people you are suing for your injury, the more complicated the process of handling your claim will be. Besides delaying the ruling, multiple tortfeasors can also influence how much each defendant will pay in damages.
The defendant’s conduct
Punitive damages do not apply to every personal injury case. That said, if it is established that the defendant’s conduct was particularly egregious, the court may consider including punitive damages. Your legal representative can use the possibility of punitive damages to convince the defendant to arrive at a favorable settlement amount.
Suffering from a traumatic brain injury can be devastating. Understanding the factors that come into play when determining your TBI claims award can help you build a strong case and seek the compensation you deserve for your injuries.