The average traumatic brain injury (TBI) settlement varies. If you have suffered an injury to your brain, it may be best to consult with an attorney. When you meet with a Charlottesville brain injury lawyer, you may get insights into how much your case may be worth.
Virginia Lawyers Weekly noted that attorneys at MartinWren, P.C. had three of the largest jury verdicts awarded in Virginia in 2023. Our team is available to review your injury case and may help you file a claim for the most damages possible. To learn more, reach out to us.
Traumatic Brain Injury Cost
According to the U.S. Centers for Disease Control and Prevention (CDC), a person dealing with a traumatic brain injury may require ongoing care. This increases the overall cost of treating and managing a TBI. At one point, the CDC estimated that the lifetime economic cost of such an injury in the United States was $76.5 billion.
If you are dealing with a brain injury, it may be helpful to meet with a doctor. This allows you to receive a medical evaluation, which may provide insights into the severity of your injury. Your doctor can develop a custom treatment plan and explain what it may cost to treat your injury now and in the future.
Even if you have insurance, the cost of an injury to the brain can be significant. For those who have suffered this type of injury due to no fault of their own, the team at MartinWren, P.C. may be able to help you out. Contact us today to discuss your case with our brain injury attorney.
For a legal consultation with a personal injury lawyer, call 434-817-3100
What to Do if You Are Dealing with a Brain Injury
A brain injury may affect your ability to work, go to school, and live your life the way you want. If you are experiencing headaches, dizziness, or other symptoms of a brain injury, seek medical help. In a situation where a doctor diagnoses you with a traumatic brain injury, follow their instructions to prevent your injury from getting any worse.
If your injury is the result of someone else’s negligence, you may want to connect with an attorney. For example, you may have gotten hurt in an auto accident in which the other motorist was driving while distracted. In this scenario, you may want to meet with a Charlottesville car accident lawyer.
You should continue to receive medical care and support, regardless of whether you plan to file a legal claim. It is paramount to prioritize your health and well-being. If you ultimately submit a claim, you may get damages you can use to cover your medical bills and other injury-related expenses.
When to File a Brain Injury Claim
Per the Code of Virginia § 8.01-243, there is typically a two-year window for submitting an injury claim. You may have up to two years from the date you suffered your traumatic brain injury or concussion to ask for damages from a liable party.
If you do not resolve the claim in the first two years or file a lawsuit to obtain compensation, you may lose the right to receive compensation front the wrongdoer and have to pay all of your injury-related costs out of your own pocket.
Your lawyer can help you calculate your damages and submit your claim. The damages you incur may be quantifiable and subjective. You may request compensation for your past and future medical bills, lost wages, lost earning capacity, pain and suffering, and other economic and non-economic damages.
There are times when an at-fault party’s insurance company may cover your losses. Alternatively, an insurer may do everything it can to protect its client. Fortunately, your lawyer will advocate for you, putting you in a strong position to get damages from a liable party or their insurance provider.
How to Get a Brain Injury Settlement
Your attorney can explain how personal injury claims get resolved. In many cases, a defendant and plaintiff negotiate a settlement. If this happens, the plaintiff may get a portion of the damages they initially sought in exchange for a quick resolution.
It may be beneficial to open negotiations with a liable party. If the defendant in your case offers a traumatic brain injury settlement, you may want to review it with your offer. You do not have to approve the proposal, and evaluating the offer with your lawyer may help you weigh its pros and cons.
If you receive a settlement that you feel is fair, you may approve the proposal and close your case. On the other hand, if a settlement offer is far less than what you want, you may choose to continue to negotiate with the other party. If no settlement is reached before your trial date, you can bring your case to court and explain to a judge or jury why you deserve the damages that you are requesting.
How to Maximize Your Brain Injury Case Settlement
Be realistic about the personal injury claims timeline. You may believe that your injury case may be settled in a matter of days. Yet, it may take time to get the traumatic brain injury settlement in Virginia you want, and you may keep negotiations open for as long as you choose.
Gather evidence to support your argument, as each piece of proof may help you build a compelling argument against the defendant. Accident scene photos and videos, medical records, witness statements, and other evidence may be used to prove that you are in no way liable for your injury. If you have a wealth of proof, the defendant in your case may be inclined to propose a settlement that lines up with your expectations.
Discuss a settlement offer with your attorney, and do not feel any pressure to accept one. Your lawyer will provide honest and unbiased feedback about a TBI settlement proposal. If your attorney believes an offer is far less than what you deserve, they will let you know, and you can decide how you want to proceed.
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Get Legal Help with Your Traumatic Brain Injury Case
If you are ready to file a TBI claim, the team at MartinWren, P.C. may be able to assist you. We can go over your legal options and help you determine the best course of action. To schedule a free consultation, contact us today.
Call 434-817-3100 or complete a Case Evaluation form
