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How to Determine the Value of Your Brain Injury Claim


Did you or a loved one recently suffer a traumatic brain injury? If the answer is “yes,” you may not be familiar with what proper steps to take. You may be emotionally overwhelmed with medical bills and knowing that you are no longer able to work and earn a living.

However, if your injury was caused by the negligent and reckless actions of another party, you may be entitled to financial compensation. It is imperative to obtain legal representation from an experienced personal injury lawyer immediately.

What are the Damages Available to Me in a Brain Injury Claim?

You must understand that there is no way to know how much your injury lawsuit will be worth until a settlement has been reached or a judge declares a final verdict. Nevertheless, you are able to figure out what types of damages you may be entitled to and how much you may be eligible to obtain.

The value of your claim will be determined by how much the injury affects your life. The damages included are either economic damages, which refers to monetary losses as a result of the injury, and non-economic damages, meaning aspects of the harm suffered (physical and emotional pain and suffering). Due to the catastrophic circumstances of most brain injuries, the victim may be entitled to past and present expenses based on how much life has changed after the accident.

The following are the damages that may be included in your brain injury claim:

  • Past and future medical expenses
  • Past and future lost wages
  • Reduced earning capacity
  • Constant, ongoing physical rehabilitation
  • Physical pain and suffering
  • Emotional anguish and distress
  • Loss of enjoyment of life or consortium

What If the Insurance Company Offers a Settlement? Should I Take It?

It is a fact that the majority of personal injury cases are settled without court litigation. Spending months or years undergoing a hotly contested legal battle can be emotionally draining and frustrating. However, that does not mean that you should accept the initial settlement offered by the at-fault party’s insurance provider because they are only looking out for the best interest of their client - not you. The only person you can trust is your attorney.

If you suffered a brain injury as a result of negligence by another party in Kentucky, contact our Louisville personal injury attorney at Brett H. Oppenheimer, PLLC and request a free consultation today.

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