Agoura Hills Brain Injury Attorneys
If you were diagnosed with a TBI after an accident that someone else caused, you may be entitled to monetary damages. The cost of healthcare, lost wages, and other damages can add up to a veritable fortune within just a few weeks of sustaining a TBI. Our brain injury attorneys in Agoura Hills can review your case in a free consultation, determine the most strategic way to proceed, and help you pursue the highest settlement possible. With many decades of trial experience, our lawyers are not afraid to take your case to litigation if the opposing party refuses to cooperate. We have a track record of success in brain injury cases, and we will provide aggressive and compassionate representation through every stage of the proceedings. Dial 1-800-GO-HARRIS to arrange a free case assessment.
How Do Brain Injury Lawyers Estimate a Fair Settlement Amount?
There are a number of factors your attorney might consider when approximating a fair settlement amount. Examples include:
- The Severity of Your Injury: The type of TBI you suffered and its severity will influence the cost of your medical care and will likely determine the permanence of your injury and its impact on your income-earning capacity. Of course, all of these factors will play a role in determining the potential value of your claim.
- The Permanence of Your Injury: Are you expected to make a full recovery? How long will it take for you to reach maximum medical improvement? The answers to these questions could have a major influence on the potential settlement figure. Unfortunately, it can be difficult to know whether a brain injury will be permanent—and the severity of the persisting symptoms—until several months or perhaps well over a year has passed. But if you enter settlement negotiations too early, this could backfire since the damages could turn out to be much greater than anticipated. Your Agoura Hills brain injury lawyer can help you determine the most strategic time to commence the settlement negotiations.
- Your Pre-Injury Income: The amount of compensation you were making before the injury—as well as your expected career trajectory—could influence the damages calculations.
- Whether Your Income-Earning Capacity Has Been Diminished: Some brain injury patients make a full recovery and are able to return to their same profession; others must find a new way to earn an income. Sometimes a TBI patient is never able to return to work again. Fortunately, the loss of anticipated earnings can be included in the settlement figure.
- The Value of Other Economic Damages: Besides lost income and medical bills, you may be able to pursue a variety of other economic damages such as property repairs, domestic assistance, and home and vehicle modifications.
- The Extent of Your Non-Economic Damages: Plaintiffs in brain injury lawsuits often incur substantial non-economic damages. In California, personal injury victims may be entitled to compensation for pain and suffering, loss of life enjoyment, and emotional distress.
- Whether Punitive Damages Are Warranted: If the liable party acted with fraud, malice, or oppression, a punitive award might be recoverable. Such damages may be available, for instance, if you were injured in a crash with a drunk driver, or if the liable party attempted to cover up evidence of negligence.
How Could Social Media Affect My Case?
There are a number of steps you can take that might strengthen your case. One of the most important is to refrain from using social media while the claim is pending. Insurance adjusters know that accident victims often post photos of their injuries, a description of the incident, or pictures of them spending time with friends and family. Any of this content might be used to dispute your claim. For instance, a description of what transpired might bring liability into question, and a photo of you spending time with friends might be used to argue that your injury isn’t that serious or that you have failed to mitigate the damages. You should consider disabling your social media profiles until the case is resolved. Also, ask friends and family not to publish photos of you or tag you in any posts since the insurance adjuster might review their profiles, as well.
Call Us Today at 1-800-GO-HARRIS to Speak with a Brain Injury Lawyer in Agoura Hills
If you suffered a traumatic brain injury through no fault of your own, contact Harris Personal Injury Lawyers. These cases can be particularly challenging since the damages are often substantial, which means the insurance company might invest considerable resources into disputing your claim. Our attorneys will serve as your aggressive legal advocate and will do everything in their power to help you recover a fair settlement. For a free consultation, call our 24/7 phoneline at 1-800-GO-HARRIS or send a message on our Contact Form.