Head injuries can alter the lives of those in motor vehicle accidents. If you suffered a head injury due to someone else's negligence on the road, you probably want to know the value of your injury claim. A settlement for pain and suffering is meant to compensate you for the pain and suffering and emotional anguish you endure due to the negligence of another. While every case is unique, understanding the factors influencing head injury settlements can help you navigate the legal process and seek fair compensation.
The car accident lawyers at William Mattar Law Offices handle motor vehicle accident cases, including those involving head injuries. Our experienced attorneys have helped clients recover compensation for their claims. In this guide, we'll explore the various elements that determine the value of a head injury claim and provide insights to help you understand what to expect.
Factors Affecting Head Injury Claim Value
Several key factors influence the potential value of a head injury claim:
Severity of the Injury
The severity of a head injury is a crucial factor in determining the value of a claim. Head injuries can range from concussions to brain bleeds, all of which can constitute severe traumatic brain injuries (TBIs). More severe injuries typically result in higher compensation due to increased medical costs, longer recovery times, and more significant impacts on the victim's life. Post-concussion syndrome is a potentially debilitating injury that can continue to affect the injured person for years to come.
Severe TBIs can have profound and life-altering consequences. These might include cognitive impairments, personality changes, or physical disabilities. Such cases often result in significant claim values due to the extensive medical care required, potential lifetime care needs, and the dramatic impact on the victim's quality of life.
Types of head injuries commonly seen in motor vehicle accidents include:
- Concussions
- Contusions (bruising of the brain)
- Diffuse axonal injuries (widespread damage to brain tissue)
- Penetrating injuries
- Skull fractures
- Hematomas (blood clots in or around the brain)
Immediate and Long-Term Medical Expenses
Medical expenses can be a significant component of head injury claim values. New York is a no-fault state, meaning that some medical expenses will generally be covered by the no-fault insurance carrier regardless of fault. Medical expenses in excess of no-fault insurance can be recovered directly from the at-fault party.
These costs can include:
- Emergency medical care: Ambulance services, emergency room treatment
- Acute care: Hospital stays, surgeries, intensive care
- Rehabilitation: Physical therapy, occupational therapy, speech therapy
- Ongoing medical care: Regular check-ups, medication, potential future surgeries
- Assistive devices: Wheelchairs, home modifications, cognitive aids
- Mental health treatment: Counseling for depression, anxiety, or PTSD related to the injury
For severe head injuries, these costs can quickly escalate into hundreds of thousands or even millions of dollars over a lifetime. The claim value will need to account for both immediate medical needs and projected future medical expenses.
Lost Wages and Earning Capacity
Head injuries often result in significant time away from work, impacting the victim's income. In more severe cases, they may permanently affect a person's ability to work in their chosen field or to work at all.
Lost wages cover the income lost during recovery. This includes time spent in the hospital, attending medical appointments, and recovering at home. For longer-term or permanent injuries, the claim may also need to account for lost bonuses, promotions, or other career advancements that the victim might have reasonably expected.
Diminished earning capacity refers to the reduction in the victim's ability to earn income in the future due to the injury. This could involve being unable to return to a previous high-paying job, having to work reduced hours, or being forced into early retirement. Calculating this often requires expert testimony from economists or vocational experts to project the lifetime impact of the injury on the victim's earning potential.
Pain and Suffering
Pain and suffering damages compensate for the physical pain and emotional distress caused by the injury. This can include:
- Physical pain from the injury and treatment
- Emotional distress, including anxiety, depression, and PTSD
- Loss of enjoyment of life (inability to participate in hobbies or activities)
- Sleep disturbances
- Strain on personal relationships
While economic damages like medical expenses have clear dollar values, pain and suffering is more subjective. Factors that can influence pain and suffering damages include the severity and duration of pain, the impact on daily activities, and the overall effect on quality of life.
Long-Term Prognosis
The long-term outlook for recovery plays a significant role in claim value. Questions to consider include:
- Will the victim fully recover, or will there be permanent effects?
- What ongoing care or support will be needed?
- Are there risks of complications or related health issues in the future?
Injuries with lasting effects typically warrant higher compensation. For instance, a TBI that results in permanent cognitive impairment or personality changes would likely lead to a higher claim value than a concussion from which the victim is expected to fully recover.
Liability and Negligence
The degree of fault assigned to the responsible party can affect claim value. In cases of clear and egregious negligence, compensation may be higher due to the lack of comparative fault and/or possibility of punitive damages.
This could include situations like:
- Drunk driving
- Excessive speeding
- Distracted driving (e.g., texting while driving)
- Running red lights or stop signs
In New York, the claim value could be reduced if the victim is found to be partially at fault for the accident. This concept is known as comparative negligence.
Insurance Coverage
As noted, New York's status as a no-fault insurance state significantly impacts how insurance coverage applies to head injury claims. Under the no-fault system, regardless of who was at fault for the accident, yPersonal Injury Protection (PIP) coverage is the primary source of compensation for medical expenses and lost wages up to the policy limits.
New York requires a minimum of $50,000 in PIP coverage. This pays for medical expenses, lost wages, and other reasonable expenses regardless of fault.Additional coverage may be available through Additional Personal Injury Protection (APIP) and Optional Basic Economic Loss (OBEL) coverage.
To pursue a claim against the at-fault driver for pain and suffering or additional economic losses, your injury must meet New York's "serious injury" threshold. Head injuries often meet this threshold due to their potential for long-term or permanent effects.
While the no-fault system can expedite initial compensation for medical bills and lost wages, severe head injuries often exceed PIP limits and meet the serious injury threshold. In these cases, the at-fault party's liability coverage and your own Supplementary Uninsured/Underinsured Motorist (SUM) coverage become crucial in determining the total available compensation. An experienced attorney can examine the unique circumstances to see what insurance coverage may be available.
Components of a Head Injury Claim
To better understand how head injury claims are valued, let's break down the main components:
Economic Damages
These are quantifiable financial losses resulting from the injury, including:
- Medical expenses (past and future)
- Lost wages or income
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses related to the injury
Economic damages are typically easier to calculate as they're based on actual costs and projected future expenses.
Non-Economic Damages
These damages compensate for intangible losses such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Non-economic damages are more subjective and can vary significantly based on the specific circumstances of the case and the jurisdiction.
Challenges in Valuing Head Injury Claims
Several factors can make accurately valuing head injury claims challenging:
Invisible Injuries
Many head injuries, particularly “mild” traumatic brain injuries, may not immediately manifest or show up on standard medical imaging. This can make it difficult to prove the full extent of the injury and its impacts.
Delayed Symptoms
Some head injury symptoms may not manifest until days or weeks after the accident, complicating the claims process.
Varying Recovery Timelines
Every person's recovery from a head injury is unique, making it challenging to predict long-term outcomes and future medical needs.
Subjective Symptoms
Many symptoms of head injuries, such as headaches, memory problems, or mood changes, are subjective and difficult to quantify.
Pre-Existing Conditions
If the victim had pre-existing neurological conditions, it can be challenging to differentiate between symptoms caused by the accident and those related to the pre-existing condition.
Maximizing Your Head Injury Claim Value
To ensure you receive fair compensation for your head injury, consider the following steps:
- Seek Immediate Medical Attention: Prompt medical care can improve your health, document the injury, and establish a clear link to the accident.
- Follow All Medical Advice: Adhering to your treatment plan demonstrates the seriousness of your injury and your commitment to recovery.
- Document Everything: Keep detailed records of all medical treatments, expenses, missed work, and how the injury affects your daily life.
- Be Cautious with Insurance Companies: Avoid giving recorded statements or accepting early settlement offers without consulting an attorney.
- Consider Future Impacts: Work with medical experts to understand potential long-term effects and future medical needs related to your head injury.
- Hire an Experienced Attorney: An attorney who handles motor vehicle accidents and head injury cases can help navigate the complexities of your claim and advocate for maximum compensation.
The Role of Legal Representation
At William Mattar Law Offices, our focus on motor vehicle accident cases gives us unique insights into head injury claims. Here's how we can help maximize the value of your claim:
- Thorough Case Evaluation: We can comprehensively assess your case, considering all factors that could impact its value.
- Expert Testimony: We work with medical experts, economists, and life care planners to build a strong case demonstrating the full impact of your head injury.
- Negotiation Skills: Our attorneys are skilled negotiators who can effectively advocate for your interests with insurance companies and opposing counsel.
- Litigation Experience: If a fair settlement can't be reached, we have the courtroom experience to take your case to trial and present a compelling argument to a jury.
- Resources and Network: Our firm's resources allow us to build the strongest possible case on your behalf.
Discuss Your Case with a William Mattar Law Officers Car Accident Lawyer
Determining the value of a head injury claim is a complex process that requires careful consideration of numerous factors. While it's natural to want a quick estimate of your claim's worth, it's important to remember that each case is unique. The best way to understand the potential value of your specific claim is to consult an experienced personal injury attorney who handles motor vehicle accidents and head injury cases.
At William Mattar Law Offices, we have a proven track record of helping clients with head injury claims secure the compensation they deserve. Our focus in motor vehicle accident cases allows us to navigate the complexities of head injury claims with skill and dedication.
If you suffered a head injury in a motor vehicle accident, don't leave your future to chance. Contact William Mattar Law Offices at (716) 444-4444 or through our online form for a free consultation. Our team will evaluate your case, explain your rights, and fight tirelessly to ensure you receive fair compensation for your injuries.
Remember, the true value of your head injury claim goes beyond just monetary compensation – it's about securing the resources you need for recovery, future medical care, and the best possible quality of life moving forward. With the right legal representation, you can focus on your recovery while we handle the complexities of your claim.