How Much Compensation Can Be Recovered in a Brain Injury Case?

All head injuries should be taken seriously. Even a relatively “modest” brain injury could require extensive, long-term medical treatment. According to data published by the Brain Trauma Foundation, nearly 2.5 million Americans suffer brain injury each year. Of that number, hundreds of thousands need long-term treatment and approximately 80,000 suffer permanent impairments. 

If you or your loved one suffered a TBI, you need financial compensation to pay for medical care and support your family. 

This raises an important question: How much compensation can be recovered in the average brain injury case in Virginia? The somewhat frustrating answer is “it depends”—personal injury compensation varies based on the specific circumstances of the case. Here, our Virginia Beach brain injury lawyer explains what you need to know about how personal injury compensation is calculated. 

Three Key Factors that Impact the Value of Your Traumatic Brain Injury (TBI) Case

Under Commonwealth law, personal injury damages are designed to be compensatory. In other words, a plaintiff should be offered compensation equal to the value of their actual damages—both economic and non-economic. As the Virginia Model Jury Instructions explains, a personal injury jury verdict should be a “sum as will fully and fairly compensate the plaintiff for the damages sustained as a result of the defendant's negligence.” 

Of course, understanding the theory is only part of the process. You need to know how to get from the immediate aftermath of a serious accident to the day you are able to resolve your claim through a settlement agreement or jury verdict. This can sometimes be a long and arduous process. In practice, there are several factors that will affect the value of a case. Here are three of the most important: 

1. Proof of Liability: Most brain injury claims are brought under Virginia’s negligence standard. As such, a defendant will only be held accountable if you can prove that they are liable for the accident. This is why it is so important to consult with an experienced Hampton Roads personal injury lawyer as early as possible in the claims process. Your lawyer will be able to investigate the accident and help you put together the evidence needed to establish fault.
2. Documented Damages: Whether you are dealing with a corporation or large insurance company, a defendant will not settle a case for fair compensation unless you can prove your losses. In Virginia, the plaintiff (injured victim) is responsible for demonstrating their losses. To bring a successful brain injury case, you must present a well-supported and carefully documented claim. 
3. Insurance Coverage: Finally, the defendant’s access to resources also matters. In some TBI cases, insurance policy limits become a significant issue. You may have to identify additional paths in order to maximize financial compensation. An experienced Virginia Beach lawyer can help you navigate complex insurance coverage questions. 

Catastrophic Injury Claims: Future Medical Costs and Permanent Impairment

One of the primary challenges in bringing a brain injury claim is that the victim will often have to worry about future medical costs, long-term rehabilitative treatment, and possibly even permanent impairments. As noted by Johns Hopkins Medicine, the road to recovery after suffering a severe TBI is long, daunting, and frequently uneven. A personal injury settlement should account for all future medical costs and long-term disabilities/impairments. A Virginia attorney with experience handling catastrophic brain injury claims can help ensure that you and your family receive a settlement that accurately accounts for these complex costs. Do not agree to settle a claim unless it accounts for your future damages. 

How Virginia Beach Brain Injury Lawyer Scott R. Barney Can Help

We are committed to providing attentive, personalized legal representation to each and every client that we work with. With catastrophic injury claims, it is crucial that victims and their families are able to maximize their financial recovery. Virginia brain injury attorney Scott R. Barney has the skills and legal knowledge to get you the full and fair settlement that you deserve. 

When you call our Virginia Beach law office, you will get an immediate and comprehensive assessment of your case. Not only we will help you understand what your claim is worth, but our legal team will gather and organize all relevant evidence and take action to help you maximize your financial recovery.  

Call Our Hampton Roads, VA Personal Injury Attorney Today

At Barney Injury Law, our Virginia personal injury lawyer has experience handling complex catastrophic injury claims, including traumatic brain injury cases. We fight aggressively to help our clients maximize their results. If you or your loved one suffered a serious concussion or TBI, please contact our law firm today for a no fee, no obligation initial consultation. From our office in Virginia Beach, we represent injured victims in Norfolk, Chesapeake, Suffolk, Smithfield, and Windsor. 

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About the Author:

Scott Barney