23 May How the Value of a Brain Injury Claim is Determined
If you or perhaps somebody you love has suffered a brain injury, life can change within a split second. The physical pain, confusion, and stress that follow are often emotional and financial as well. You might be concerned about hospital bills, missed long-term care, or work. At such a tough time, knowing the value of your brain injury claim will help you plan and feel much more in control.
Is you reside in Van Nuys, LA, a densely populated neighborhood in Los Angeles known for its busy streets and high traffic, you may be at an increased risk of accidents that can lead to serious injuries. In such situations, it’s crucial to talk to a Van Nuys brain injury lawyer who understands the local laws and how to defend your rights. They will enable you to estimate the worth of your case and stay away from paying less than you need to.
We now break it down. How is the value of a brain injury claim calculated? And what must you consider before taking the next step?
1. Medical Expenses
The first part of any brain injury claim is the cost of your medical care. This can include:
- Emergency treatment and hospitalizations.
- Doctor visits and follow-up care.
- Brain scans (MRIs or CT scans).
- Physical therapy, occupational therapy, or speech therapy.
- Medication and medical equipment.
- Long-term care or home help when necessary.
Your lawyer probably also consulted local medical experts to estimate the cost of future treatments. Brain injuries can heal over months or years, so take everything into account – not just what you paid up front.
2. Lost Wages and Loss of Future Earnings
Did you miss work because of your injury? Can you not return to your job now, or ever? These questions help you figure out how much money you lost or could lose down the road.
A brain injury might impact your memory, focus, or even your speech and movement. This might mean you have to find a lower-paying job or quit working altogether. Employers may provide various types of support, but your lawyer will determine how much income you lost and will continue to lose going forward.
This part of your claim could affect the final amount.
3. Pain and suffering
Unlike medical bills or pay stubs, pain and suffering can’t be quantified, but they matter a lot. This includes physical pain and emotional stress. As an example, if your injury caused you to have anxiety or depression, difficulty sleeping, or changed your interactions with friends and family, you can include that in your claim.
Brain injury victims point out that they feel like they have lost something. This is a personal loss that deserves compensation. A good local attorney is going to know how you can express this aspect of your case to insurance companies or even in court.
4. Property damage and Other Out-of-Pocket costs
If a brain injury was caused by an automobile crash or accident, you might also have property damage costs. This includes vehicle damage, broken glasses or phones, and even home adjustments such as ramps or handrails.
You probably drive or commute to work. These damages are substantial and must be part of your claim.
5. Role of Fault in Your Case
Who caused the accident matters. If someone else was at fault, you can usually get full compensation. But if you were partly responsible, the amount may be lower. Throughout California, the law follows a “comparative fault” rule. That means if you caused the accident at 20%, your final compensation may be reduced by 20%. That is why you want an attorney who knows local laws and who can stand up for your side.
Final Thoughts
Every brain injury case is unique. A claim’s worth will depend upon your injury, the way it impacts your life, and just how solid your evidence is. No two cases are identical.
If you are attempting to determine how much your brain injury claim may be worth, you should not go ahead alone. A brain injury lawyer for personal attention and legal advice. They can help you collect the documents, speak to doctors, and battle the insurance companies on your behalf.
More information:
- The Glasgow Coma Scale
https://my.clevelandclinic.org/health/diagnostics/24848-glasgow-coma-scale-gcs - NIH: Traumatic Brain Injury
https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
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Last Updated on May 23, 2025 by Marie Benz MD FAAD
