Brain and Head Injury Compensation Claims: What is your claim worth?

May.08.2019
Brain Injuries

Your life could be turned around when you suffer a head injury in an accident that wasn’t your fault. Depending on the severity, there may be physical, financial, and emotional consequences.

Under California law, you do have rights to seek monetary damages through a brain injury compensation claim.

As a victim, your first questions may be how much such a claim is worth and whether it will cover your considerable losses.

Unfortunately, these cases are very complex, so it’s not possible to provide an exact amount for a brain injury claim. A Los Angeles brain injury attorney can provide some important information about the factors that impact the value of your claim, and an overview of these cases may also be helpful.

Every Head Injury Claim is Different

Part of the reason it’s difficult to provide an accurate estimate on the value of a claim is that brain injuries have widely varying effects on victims. The severity could range from a mild concussion to a traumatic brain injury (TBI), and the complications may be short-term or last a lifetime. Though every victim’s experience is different, researchers at the Mayo Clinic describe some of the symptoms of head trauma:

Amnesia;
Seizures;
Difficulty concentrating or recognizing common items;
Abnormal aggression, anger, and mood swings;
Blacking out and dizziness;
Depression and anxiety;
Nausea;
Sensitivity to sound or light;
Persistent headaches or migraines;
Slurred speech and impaired motor skills; and,
Many more.

How Brain Injury Claims Work in California

When a person suffers a head injury, there’s usually careless or reckless conduct behind the accident that caused it. This conduct is called “negligence” in the practice of law, and you may be entitled to compensation from the responsible party if you can prove four essential elements:

The person had a legal duty to exercise reasonable care when acting, so as to not cause a risk of harm to others;
That individual breached this duty;
The breach of duty was a direct cause of the accident in which you hurt; and,
You sustained losses because of your head injuries.

There are many types of injury-causing accidents that are based upon the legal concept of negligence. The most common incidents leading to brain injuries include:

Car, Truck, and Motorcycle Collisions: Drivers must operate the vehicle safely and comply with traffic laws. Motorists may be negligent if they speed, drive drunk, text while driving, or engage in other risky behavior.
Pedestrian and Bicycle Accidents: People on foot or riding a bike are at risk of serious brain injuries in incidents involving larger, heavier motorized vehicles.
Dangerous Conditions on Property: California property owners have a duty to keep the premises safe for those who enter upon it. A victim could suffer head trauma when the owner or operator fails to repair dangerous conditions, post signs regarding hazards, or inspect the property.
Brain Injuries from Defective Products: Manufacturers must ensure that their products are safe for their intended use. When there are defects in the design or manufacturing process, these items can cause brain injuries for the user. However, these cases are usually based upon strict liability instead of negligence. You don’t need to show that the manufacturer or other party was at fault, but products liability cases are still very complex.

Filing a Brain Injury Claim

In most cases involving negligence, the responsible party may have liability insurance to cover losses. For instance, motorists must carry auto insurance and property owners have insurance on their business interests. Therefore, instead of directly pursuing the actor for compensation, you will file a brain injury claim with the insurance company.

Insurers are notoriously difficult in dealing with claims because they strive to protect their financial interests – not yours. When it comes to head injury compensation and what your claim is worth, an insurance company will work to keep that amount as low as possible.

The claims adjuster may dispute the severity of your head injuries, or try to place the blame on your for the accident. It’s likely that you’ll receive a low-ball counteroffer during settlement negotiations with an insurance company. Under the circumstances, you may need to take your claim to the next level by filing a lawsuit in court.

Call Now to Schedule a Consultation with a Los Angeles Brain Injury Lawyer

For more information on brain injury compensation and what your claim is worth, please contact Starpoint Law. We can set up a free case evaluation to review your circumstances and explain your legal remedies. Our attorneys diligently fight for your rights in dealing with an insurance company, but we’re also prepared to take the matter to court as necessary to protect your interests.

Aidin Ghavimi

Aidin is a partner at Starpoint LC, Attorneys at Law, and focuses on personal injury and employment law cases in and around Southern California. He earned his Juris Doctorate from the Loyola School of Law and his Bachelor’s from USC. Aidin’s primary goal is to bring justice to his clients and to ensure they are able to move on with their lives after a serious injury.