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Factors affecting brain injury compensation

By Edited Nov 14, 2015 0 1

Personal injury attorneys love to handle brain injury compensation cases.

Brain injury compensation can range from a few million dollars to multi-million dollars.

Since personal injury attorneys earn by the no win no fee basis, they can make a few million dollars commission from a serious brain injury compensation case.

What are the factors affecting brain injury compensation?

In brain injury compensation case, the judge awards the compensation on two main factors. One is the general damages and the other factor is the special damages.

1. General damages

General damages are brain injury compensation for the injury itself.

That means the severity of the injuries and the prognosis.

The compensation from general damages usually is a small sum of money.

2. Special damages

Special damages are brain injury compensation for all associated future cost.

There are many factors that make up the special damages. That is why brain injury compensation can run up to a multi-million dollars.

Let us take a look at some factors under special damages.

a. Age

Age is related to the working ability. A person who is suffering permanent brain damage in his 20s will get more money than a person in his 70s.

The reason is that a person in his 20s would have at least 40 years of gainful employment. The judge will try to determine his future income, and award him accordingly to the future income.

Age is also related to life expectancy. A person in his 70s is unlikely to live for another 50 years. While a person in his 20s can expect to live for a longer time.

The problem with head injury is that the patient can live for a very long time, even though he cannot work anymore.

b. income

If a person was earning $10,000 per month, he would get more brain injury compensation than another patient who used to earn only $1,000 per month.

The higher the income, the more brain injury compensation. The amount is to compensate for the loss of future earnings.

c. long term care

If the brain injury is so severe that the patient requires long term care, the brain injury compensation is very high.

When a patient requires full time care 24 hours a day for the rest of his life, the judge will ensure adequate money to pay for the caregivers.

d. Who is at fault

If the patient suffers permanent brain injury due in part to his carelessness, the brain injury compensation will be lesser.

In most accident cases, it is hard to pinpoint the party who is 100% at fault.

It is often a case of a person who is 70% at fault, and another person 30% at fault.

For example, a drunk driver causes the accident that damages your car. If you do not wear seat belt, and suffer severe injuries, you are at fault for not wearing seat belt.

If you had worn the seat belt, the injuries may not less severe.

e. Dependents

If the patient has a few children under the age of 18, the brain injury compensation is likely a large sum of money.

The reason is that the children should not suffer financial hardship when a parent cannot work anymore. The brain injury compensation will ensure that the children have enough money for food, shelter and education.

While brain injury compensation often runs into big payout in severe head injuries cases, it is very hard to prove the severity of the brain injuries.

A person can look perfectly all right. A person can suffer severe head injury without a change to the external appearance.

Sometimes, the impact of the head injuries take time to surface. The severity of the injuries may not even appear in normal medical examination.

That is why brain injury compensation case can drag on for a few years before the case finally settles in court.

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Comments

Sep 30, 2010 9:51pm
Mesriani_Law_Group
As stated in the article, one of the main factors affecting the compensation amount is the severity of the injury.
If the brain injury has long-term effects, the responsible party would need to support his medication and financial needs until he has fully recovered.
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