Traumatic brain injuries (TBIs) are some of the most profound and complex injuries an individual can sustain. Arising from external forces like car accidents, falls, or blunt force trauma, these injuries can result in both short-term impairments and long-lasting complications. The ramifications extend beyond the medical realm, touching on the emotional, social, and financial aspects of a person’s life.
As the costs associated with TBIs can be substantial and enduring, it’s essential for victims and their families to understand their rights regarding compensation. This not only pertains to immediate medical bills but also considers the potential long-term care and treatments that might be necessary in the aftermath of such an injury.
Is it Ever Possible to Get Compensation for Future Medical Expenses From an Insurance Company?
Absolutely. If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, Missouri law allows you to recover compensation not only for your immediate medical expenses but also for future medical costs. Predicting these future expenses is crucial in a traumatic brain injury case to ensure you receive fair compensation that covers all medical treatments and care necessary throughout recovery.
How Can I Know What My Future Expenses Will Be?
Estimating future medical expenses related to a traumatic brain injury isn’t simple, but it is achievable. Typically, you’ll need to work closely with your medical team to obtain a detailed prognosis and plan for ongoing medical care. This might include physical therapy, psychological counseling, and other forms of long-term treatment.
Another important aspect to consider is the potential for post-concussion syndrome, blood clots, and other complications that might arise in the future. By examining medical records and consulting with healthcare professionals, you can create a comprehensive estimate of the medical costs associated with the brain injury.
Additionally, working with a personal injury lawyer can help you provide a more accurate and justified claim amount when it comes to future medical costs. Your lawyer can usually recommend medical professionals who are expert at estimating future medical expenses on behalf of injured clients.
What Is the Average Settlement for Traumatic Brain Injury?
Every brain injury case is unique, so settlements can vary significantly based on the injury’s severity and the circumstances surrounding the incident. Mild traumatic brain injuries will typically fetch lower amounts compared to severe traumatic brain injuries, with the latter typically involving higher medical expenses and more profound life impacts.
Additionally, factors like lost wages, diminished earning capacity, and non-economic damages such as pain and suffering can play substantial roles in determining a settlement amount.
How Much Is My Brain Injury Case Worth?
Assigning a monetary value to a brain injury case depends on numerous factors, such as medical bills, lost income, and the injured party’s life expectancy. Considerations like initial severity, as determined by tools like the Glasgow Outcome Scale or Abbreviated Injury Scale, can also influence settlements. A brain injury lawyer will guide you through the evaluation of these components to arrive at a fair settlement amount.
Brain injury compensation for severe brain injury can be in the millions, while compensation from an insurance company for a mild brain injury could be as low as $20,000 or less, depending on your treatment, the insurance coverage of the liable party, and much more.
Remember, every case is individual. To best understand the potential value of your brain injury claim, consult directly with a personal injury lawyer experienced in brain injury cases. They can offer insights tailored to your unique circumstances.
Common Medical Expenses for a Head Injury
Medical expenses stemming from a severe TBI can be extensive and ongoing. Immediate medical care might involve surgeries, specialized treatments, and hospital stays. However, the long-term effects of a brain injury often necessitate continuous medical treatment, such as physical therapy, speech therapy, and cognitive rehabilitation.
These costs, combined with the potential need for future medical care, can accumulate, putting a significant financial burden on the injured party and their family.
The Severity of Your Injury
The severity of a traumatic brain injury significantly influences the medical expenses incurred. Mild injuries, like a mild concussion, might require fewer treatments compared to severe brain injuries or a severe TBI.
The more severe the brain injury, the higher the likelihood of complications, extended hospital stays, and long-term medical care. Tools like the Glasgow Outcome Scale help determine the injury’s initial severity and the potential medical expenses related.
Should I Accept a Settlement?
A traumatic brain injury settlement can seem enticing, especially when medical bills are piling up and there’s lost income to contend with. However, it’s essential to approach any settlement offer with caution. Insurance companies are often more concerned about minimizing their own costs rather than ensuring you receive full compensation for both present and future medical expenses.
Reasons Why Settling Too Soon After a TBI Can Be Risky
Brain injuries, due to their complex nature, are challenging to diagnose immediately after an accident. Sometimes, symptoms may not manifest until days or even weeks post-injury.
Always consult with a brain injury lawyer before accepting any settlement. They’ll help ensure that any offer adequately addresses both your current and future medical needs, ensuring that you don’t leave any compensation you’re entitled to on the table.
Brain Injuries Are Hard To Diagnose
One of the most challenging aspects of traumatic brain injuries is their unpredictability in terms of symptoms and severity. Even a seemingly mild traumatic brain injury can have lasting repercussions, and some symptoms might not become evident until much later.
This delay can lead to complications in brain injury claims or even to other injuries, as medical treatment might extend beyond initial evaluations and interventions. This is another key reason not to accept any settlement too quickly.
Don’t Leave the Compensation You’re Entitled to on the Table
If you’ve suffered a traumatic brain injury, it’s crucial to pursue every avenue of compensation. By overlooking certain aspects, such as future medical care, you might miss out on significant compensation that can help ensure your well-being in the long run.
Recovering compensation can be crucial for addressing not only immediate medical bills, but also for accommodating future needs and treatments that might arise.
Insurance Companies Don’t Have Your Best Interests at Heart
It’s no secret that insurance companies aim to protect their bottom line. Their primary interest isn’t necessarily ensuring you get the compensation you deserve, but rather settling the claim quickly and with minimal payout. This means they might not factor in long-term medical care or other complications that could arise from a traumatic brain injury.
Settlements Are Final
It’s crucial to understand that once you accept a settlement in a brain injury case, you typically cannot pursue additional compensation later. This finality underscores the importance of accurately gauging all current and future medical costs, lost income, and other relevant expenses before agreeing to a settlement.
Additional Economic Damages in a Brain Injury Case
Beyond medical expenses, traumatic brain injuries can lead to other economic damages. Lost wages, for instance, can result from an inability to work due to the injury. You might also have to hire someone to do work around the home that you would have done yourself before the injury.
Similarly, there might be a diminished earning capacity, wherein the injured party cannot earn as much as they could have prior to the injury. These considerations, along with the medical costs, make up the economic damages in a personal injury case.
Other Factors That Affect the Value of a Brain Injury Case
Many elements come into play when determining the value of a brain injury case. These can range from the circumstances leading to the injury, the degree of another party’s negligence, and even the location where the injury took place.
Car accidents, for instance, might have different implications compared to injuries sustained in other settings. Additionally, non-economic damages, like pain and suffering, emotional distress, and diminished quality of life, can also influence the case’s value.
What Other Types of Personal Injury Lawsuits Call for Future Medical Expenses?
While traumatic brain injuries are among the most devastating injuries that can often necessitate future medical care, they aren’t the only ones. Car accidents, even if they don’t result in a brain injury, might lead to chronic pain conditions or spinal injuries that require ongoing medical attention.
Regardless of the injury type, it’s crucial to account for all potential future medical expenses to ensure fair compensation.
Talking With a Personal Injury Attorney Can Help You Protect Yourself and Your Family
It’s not just about the immediate medical bills and treatments; it’s about looking ahead and ensuring you’re prepared for whatever medical challenges the future might hold. Having a personal injury lawyer by your side can make a significant difference.
At Holman Schiavone, LLC, we understand the far-reaching implications of traumatic brain injuries and the nuances of personal injury claims. We’re here to guide you, ensure that insurance companies recognize your needs, and strive for a settlement that truly reflects both your present and future medical costs, lost wages, and non-economic damages.
Contact Us Today for a Free Consultation
Brain injuries, with their long-term implications and unpredictable nature, can be life-altering. Ensuring you have the financial means to cope with both the present and potential future medical expenses is paramount.
If you or a loved one has suffered a traumatic brain injury or any injury due to someone else’s negligence, seeking professional legal advice is a prudent step. Reach out to Holman Schiavone, LLC now at 816-399-5149 for a free consultation. Together, we can work towards securing the compensation you rightfully deserve and safeguarding your future.