Those who are suffering from a brain injury can be not only incredibly challenging but frustrating. The amount of compensation you should expect for a brain injury case depends on the circumstances of the accident, the extent of your injuries, and the amount of financial loss you experienced.
These experiences are delicate and life-changing, and while there's no way to put a price on a loss like this, working with the right lawyer can bring compensation to help you get justice.
How to Determine Your Case Value in a Brain Injury Case
Although it's impossible to figure out the amount of compensation you can expect for a brain injury case, there are expenses and financial losses you may be able to claim.
Your medical treatment for your personal injury may have been extensive and beyond your ability to pay.
Therefore, you incurred the following debt or out-of-pocket expenses:
Emergency room care
Intensive care unit
Physical therapy or rehabilitation
Medication or medical devices
Inability to Work
You are disabled and no longer have the ability to draw an income. As a result, you lost pay and benefits or are no longer eligible for retirement. Your disability checks may not be enough to cover your monthly expenses.
In addition to your economic damages, your brain injury may have caused you to lose the overall quality of your life, such as loss of consortium, substandard living, depression, severe pain and suffering, and loss of joy in living.
Establishing the Circumstances of Your Accident
The value of your case may also be based on who caused the accident and how the other party's actions or negligence directly led to your injuries. To file a claim against the at-fault party, you will need to establish fault and liability, as well as the circumstances of the accident.
In a personal injury case, you will typically file a claim against the liable party's insurance company. An insurance adjuster will assess the circumstances of your accident to determine if you have a case. The validity of your claim will depend on certain factors.
Some determining factors may include the evidence and the type of accident.
The evidence you gather will be the most crucial component in proving your case. The types of evidence an insurance adjuster may consider may include the following:
Medical documents such as bills, reports, and diagnosis
Witnesses who were present at the scene
Medical experts or accident experts
Footage of the accident captured on a camera or video
The injuries you sustained
Any statements provided by the at-fault party
The Type of Accident You Were In
How the accident occurred will also play a role in determining the value of your case. For example, were you involved in any of these accidents?
Pedestrian vs. driver
Slip and fall
Commercial bus or truck
If you suffered a brain injury from these or similar accidents, you might be able to file a claim again the at-fault party and recover your financial losses and other damages.
Who Determines the Case Outcome?
Two entities will determine the outcome, including the other party’s insurance and a judge or jury.
Once a claim has been filed, the other party's insurance company's claims adjuster will review the case and try to negotiate a settlement, or they may reject the claim. If an agreement is made, the compensation will be paid, and the case will be closed; however, if not, you may have to file a lawsuit.
Judge or Jury
If no agreements can be reached, the case will go to court. This will require you to go through a litigation process, and a judge will review the claim to determine who is liable and how much you will be awarded.
The Statute of Limitations in Minnesota
According to Minnesota Statutes section 541.07, you have six years to file a personal injury claim. If you fail to file the claim within six years, you may no longer be eligible to present your case and get compensation for your losses.
Contact a Brain Injury Attorney in Minnesota Today
At JD Haas & Associates, our 40 years of experience makes us a trusted and reliable source to help people who have been injured seek justice. And while we have been representing the Minnesota area since 1987, we are licensed to practice in Colorado, Illinois, Iowa, Michigan, Missouri, Nebraska, New Mexico, North Dakota, South Dakota, Texas, and Wisconsin.
If you need expert legal assistance for your brain injury case, contact JD Haas & Associates, PLLC, today. We provide legal services for personal injury victims.