There are several factors that determine the case value of a traumatic brain injury. The claims for damages of a usual brain injury are $100,000 approximately. Claims in millions are not rare when it comes to workers compensation. However, the entire amount is not received as an award because there are several expenses that should be kept under consideration.
Attorneys who specialize in dealing with brain injury cases sometimes willingly work on a contingency fee basis. Contingency basis means that the attorney will be paid only if the suit results in success and the awarded amount is paid. The condition of contingency fee basis demands an attorney to pay for medical and other expenses from his own money. Lawyers take traumatic brain injury cases on contingency fee basis when the suit has greater chances of success. This is because the preparations for such a case are quite expensive. Some of the common expenses that are borne by TBI plaintiffs include:
- Charges of medical experts
- Charges of damage experts
- Fees for court expenses
- Expense of interviewing witnesses
Any experienced attorney has the proficiency to advance between $10,000 and $100,000 before the case comes to trial. Experienced attorneys who willingly advance this much have confidence in their abilities to advocate the case successfully and believe that they can recover a huge amount of money.
A substantial amount of money can be recovered if the life care planner, vocational expert and hedonic damage experts have made a good case. The awards in a traumatic brain case can be as follows:
- For medical costs $50,000
- For loss of earning capacity $740,000
- For lifetime care costs $350,000
- For pain and sufferings $740,000
The sub total of this becomes $2,960,000. The award of this amount depends upon the jury. The award can be significantly greater if there is an expert testimony. The decision of the jury is also affected by the defendant’s capacity to pay.
Case Value of Spinal Cord Injuries
The severity of a spinal cord injury largely determines the case value. Spinal cord injuries can lead to severe disability for a life time. Therefore, it is likely that an experienced attorney can recover approximately $1 million in such a case. The defendants, in most cases, are the insurance companies or the company who caused the accident. The plaintiffs must be acquainted with the fact that they will not collect the entire damage award and expenses like attorney’s fee, court expenses and medical expenses will be paid from the award money.
The expenses incurred by an SCI plaintiff are the same as those of a TBI plaintiff. There are some factors that are considered for the determination of the amount of compensation for an SCI plaintiff. These factors are:
- The events that lead to the accident
- If there is a vertebrae or nerve damage
- The medical treatment needed by the plaintiff and the expense of that treatment
- Medication prescribed by the doctor
- The duration of the treatment
- Recovery period required by the plaintiff
- Whether the plaintiff experienced loss of movement, scarring etc.
- Physical and emotional distress experienced by the plaintiff
- Effect of the injury on daily activities
Whatever your case, make sure you get in touch with an experienced and qualified attorney to defend your case.