In a brain injury case and every other type of court case, the compensation of victims has helped the law uphold a higher level of justice. This is simply because not only is the accused punished for the wrong, the victim is also taken back to how things were before the wrong was committed or taken to a point where they can recuperate. Hence, as an attorney, you need to present every measure of evidence that can assist you in getting a maximum settlement for your client.
Looking at previous judgments on this subject matter, it would be easy to give an average amount to expect in a brain injury case.
According to an article by Berman Lawyers, the median settlement in California courts is placed at $114,000, while the average settlement for a mild/ traumatic brain injury settlement can exceed $10,000,000.
In an article by Warren and Simpson, the median settlement for brain injury is said to exceed $100,000. It must be stressed that settlements are determined in consideration of the peculiarity of each case. However, these factors must be rightly portrayed to be adequately considered and, in turn, translated into appropriate settlements. This can be achieved through the extraordinary impact of legal animations.
Factors That Influence Brain Injury Settlement
- The severity of the injury
When determining the settlement for a brain injury case, the severity of the condition is usually considered. This is because a brain injury can be mild and, in some instances, traumatic. Hence, the damages awarded would be based on how bad the injury is and the future possibility of complications.
In a case involving brain injury, you must be able to prove that the defendant is indeed liable for the injury. When there is no doubt about the defendant’s liability, your evidence would be undisputable and thus stand a chance of getting higher compensation. In addition to that, it must be proven that you do not share a percentage of liability for your injury. The more your contribution rate to the injury, the lesser the compensation will become.
Brain injury can lead to temporary or permanent disability, which would, in turn, affect every aspect of a person’s life. For instance, if a young person suffers long-term disability from a brain injury, there is a possibility that the person would become incapable of completing tasks in the workplace that they would typically be able to perform. This, in turn, may lead to the abrupt end of a promising career. Other aspects of a person’s life can also be affected, like interpersonal relationships with friends or spouses. The effect of such a disability would also be calculated.
- Lost earnings
When a person is faced with a brain injury, whether mild or traumatic, they would have to receive treatments, thereby causing them to miss some days of work. In that kind of situation, the earnings lost during the period will be taken into account. More so, if the victim is left in a state where he cannot work anymore, the loss of future earnings will also be considered.
- Pain and suffering
The pain and hurt suffered from a brain injury may be difficult to quantify in monetary terms. A person is usually reimbursed for all the hurt they had to face because of the action or omission of the other person.
- Economic losses
With brain injury comes economic loss like job loss, tons of medical bills, legal fees, and many more. The amount of money lost to treatments and rehabilitation is essential in determining damages.
How Does Legal Animation Assist In Getting More Than The Average Settlement For Injury To The Brain?
Legal animation is renowned for its ability to create astounding results in court cases that seem hopeless. This is because it helps to portray time, progression, degeneration, varying angles, and clear evidence.
The compensation will be higher when you can prove the extent to which the injury has affected your body and other aspects of your life. This is because you have given the jury clear information to base their calculation on. Therefore, to enjoy the benefit of receiving above the average settlement for brain injury, you have to use legal animation made by experts.