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How to Estimate Future Loss from a Traumatic Brain Injury

December 28, 2018

Many factors go into estimating projected future loss from a traumatic brain injury. The most important components are special damages and general damages. These damages are combined and a formula is used to estimate the losses which may occur in the future. If you or loved one suffered a TBI, you should consult an auto accident attorney in Columbia, SC.

How a Columbia, SC Car Accident Attorney Estimates the Loss Associated with a Traumatic Brain Injury

Your auto accident attorney in Columbia, SC will calculate your special damages followed by your general damages.

Special Damages

These are economic losses like loss of earnings, property damage and medical expenses. Calculating those which have already been incurred is easy. Putting a figure on future earnings is more difficult. A detail medical report and information from all the professionals who treated you can help provide the necessary information.

General Damages

These are non-economic damages such as pain and suffering and emotional distress. These are much harder to calculate since there is no easy way to put a dollar value on them. They are typically determined in relation to your economic losses. The multiplier and per diem methods are the most common ways of determining them. General damages can be significant in cases of severe TBIs which leave the victim unable to enjoy life. A minor concussion would not result in significant pain and suffering damages.

Special and general damages are combined to evaluate the total value of the claim. Attorneys collect information from the doctors who attended your case, psychologists and other professionals. This is necessary to estimate how much care you will need in the future. It will also indicate if you will be able to work. The degree to which you were at fault for your condition may also be considered.

Factors That Can Influence an Estimate for Future Loss from a Traumatic Brain Injury

The following are some of the other essential elements that will influence the estimate.

  • Characteristics of the plaintiff.
    • While estimating future damages, the age of the plaintiff, their medical history, and occupation will play a critical role. They add to the value of the settlement.
  • You are likely to get a higher settlement if you can credibly establish the liability of the other party.
    • A weak charge of liability will not be as successful. An attorney can help in ensuring your claim is as strong as possible.
  • Mitigated damages.
    • After an accident, if you refuse to undergo medical treatment immediately, your condition may worsen. The cost and length of treatment may be more significant. The insurance company may press for a reduced settlement amount. They may argue you failed to mitigate the damages associated with the accident.
  • Defendant’s rash or negligent conduct.
    • Reckless or negligent behavior is called egregious conduct in legal terms. When you are pleading for a higher value settlement, you should highlight any such conduct by the defendant. This may result in you receiving punitive damages. These are intendant to punish the defendant and prevent similar behavior in the future.
  • Presence of multiple tortfeasors.
    • When there is more than one party who contributed to the accident, things can complicate. This is especially if their insurance companies are different. A jury may have to decide the share of compensation for each tortfeasor to pay.

How Recent Verdicts Affect Your Case, According to a Columbia, SC car Accident Attorney

Your traumatic brain injury case will not only be judged on its own merit. A Columbia, SC car accident attorney will look into recent settlements and awards in other TBI cases. This is common in personal injury claims. Comparing recent verdicts is acceptable and part of the game. If you have limited legal knowledge, this is not something you can do on your own. Never hesitate to hand over your case to a legal expert who can do the research and get you compensation.

Contact an Auto Accident Attorney in Columbia, SC

By reading all the above information, you should understand the complexity of a TBI claim.  Assigning the case to the attorneys at the Connell Law Firm is the best thing to do. They are experts at estimating future loss from a traumatic brain injury. This is not something you want to do on your own, especially when recovering from an injury. You will receive a free consultation. In fact, you only pay when we settle your case. Contact us today so we can start on your case.