Is it worth filing a claim for a head injury? Traumatic brain injury (TBI) compensation differs in every case. Insurance companies will normally pay what a victim deserves but, in some cases, filing a lawsuit may be a better option.
California statute allows the victim, usually through their lawyer, to negotiate with an insurance company or take the matter to court.
A head injury caused by an accident requires immediate medical attention, even if no pain or symptoms are apparent.
Causes of Traumatic Brain Injuries
Damage to the brain is one of the most potentially crippling of head injuries. Since it can manifest itself as a simple headache, brain injury is often ignored or misdiagnosed, leading to permanent disabilities and sometimes deadly results if not given medical treatment.
TBIs are nearly always caused by some kind of trauma to the head, arising from falls, sports injuries, assaults, and self-inflicted injuries.
The primary cause of traumatic brain injuries in the U.S. is falling, followed by being struck by blunt objects. Vehicular accidents take the third leading spot as cause of TBIs.
Victims of car, motorcycle, or hit-and-run accidents are most likely to develop traumatic brain injuries. These injuries can also be caused through falls or medical malpractice.
TBIs can also arise from an accident while on the job. Under California law, persons who were injured while at work may be able to receive workers compensation.
How Does a TBI Settlement Work in California?
How much can you get in a traumatic brain injury settlement in California?
There is no exact figure here. The amount you are willing to accept will likely vary from what the other party is willing to pay.
Your attorney would negotiate the settlement amount with the at-fault party’s insurance provider, basing on the extent of your injuries and how it will affect your life.
The settlement can include compensation for:
- current and future medical treatment costs
- physiotherapy and rehabilitation
- private care services
- loss of potential income
- pain and suffering
- loss of enjoyment of life
Negotiations can go back and forth until you and the insurance provider reach a possible agreement. If a settlement can’t be reached, you can file a formal lawsuit.
A settlement is reached when an insurance company or other entity offers you an amount of money for damages and you agree to accept it. Throughout this process, your attorney will help you fight for what you are entitled to.
Consult an Attorney Regarding Traumatic Brain Injury Settlements in California
We may be able to help you if you’ve suffered a traumatic brain injury because of another person’s negligence.
Even if you’re not sure that you have a case, please reach out and talk to us so that we can determine the extent of liability.
Call us at (714) 515-9696 to schedule a free evaluation of your case.