It’s unfortunate that head injuries are a common result of car accidents, medical malpractice, and other negligent acts. The US Centers for Disease Control and Prevention (CDC) reports that doctors diagnosed traumatic brain injury (TBI) in more than 282,000 hospital visits and 2.5 million trips to the emergency room in 2013. The effects of a TBI may last for few days, a few weeks, or for the rest of the victim’s life. Treatment is extremely expensive and can be life altering.
Ohio law allows you to recover compensation from the person responsible for the injury it resulted from negligence. The process typically starts with settlement negotiations. Considering the potential for long-term, life-changing consequences, it can be difficult to put a solid figure on how much an average traumatic brain injury settlement amount may be. However, there are some factors to consider with your Cleveland personal injury attorney.
Damages in a Traumatic Brain Injury Settlement
In legal terms, “damages” refers to what you’ve lost as a result of an accident. There are generally two types of damages to discuss regarding TBI settlements.
- Economic: Some losses come out-of-pocket, in amounts determined by documentation. Medical expenses and lost wages are examples of “economic” damages. This includes future medical expenses, which you may show in a life care plan.
- Non-Economic: This category of damages is more difficult to ascertain through paperwork. You have still experienced losses, though. Pain and suffering, emotional distress, and loss of relationships with your loved ones are non-economic damages.
Factors to Consider in Settlement Discussions
When looking at the average settlement in a TBI case, you must realize that head injuries are unlike other injuries. Traumatic brain injuries are unique as they relate to:
- Hospital Care: TBIs are more likely to require hospitalization. When they do, the stay is relatively longer than for other types of injuries. Hospitals can charge up to $4,000 per day, depending on the specific services you require.
- Medical Treatment: The costs of medical care can skyrocket when you’ve suffered a severe brain injury. This is especially true when surgery is necessary. The specialists that treat patients for TBIs earn significant salaries. Your bills will reflect their specialty care.
- Non-Medical Factors: In addition to the costs of your care, you need to consider the other areas of your life affected by a TBI. Consider your inability to work in the future, the costs of treating side effects of a TBI, and other issues.
Trust an Ohio Traumatic Brain Injury Attorney
When you or a loved one suffers a TBI through someone else’s negligence, you may be entitled to compensation for all losses incurred as a result. A settlement may be an option to resolve your claim, but it’s critical to ensure that you obtain the full amount of recovery you deserve under Ohio law.
A personal injury attorney that has an extensive background in traumatic brain injuries can represent your interests in settlement negotiations. If necessary, they will take the matter to court if the offer doesn’t compensate for your losses. For immediate help with your claim, please contact the attorneys at Tittle & Perlmuter today at 216-308-1522.