How Much Is My Brain Injury Claim Worth?

Personal injury claims involving brain injuries tend to yield some of the largest settlements and verdicts. Even minor brain damage can alter your life in a major way, thereby warranting significant compensation from those who are ultimately liable. 

If you’re recovering from a traumatic brain injury (TBI) because someone failed to act with reasonable care, you’re probably wondering what kind of payout you can pursue. While there’s no way to guarantee your claim will be successful, an experienced attorney can evaluate the situation to determine how much your case might be worth. 

In addition to reviewing the outcomes of similar claims, as well as any applicable damage caps, your brain injury lawyer will consider the following when estimating the potential value of your action:

  • The medical bills you incurred immediately following the accident; 
  • The medical bills you expect to incur over the rest of your life in order to manage your TBI;  
  • The wages you lost while your condition was stabilizing; 
  • Whether your condition will hinder you from making a living even after reaching maximum medical improvement; 
  • The severity and permanence of your TBI; 
  • How your condition affects your relationship with your spouse or registered domestic partner;  
  • Whether the liable party acted with fraud, oppression, or malice; and 
  • How much liability coverage the defendant has?


How Can I Maximize the Value of My Brain Injury Claim?

If you hire a resourceful brain injury attorney, your legal team will handle virtually all the logistics of your claim. There are steps you can take, however, to support their efforts. To help your lawyer help you pursue the maximum payout possible, make sure to: 

  • Refer all correspondence from the insurance adjuster to your legal team; 
  • Refuse to give a recorded statement; 
  • Follow all medical advice diligently; 
  • Stay off social media as long as your case is pending; 
  • Preserve all documentation that corresponds to your economic losses; and 
  • Write detailed journal entries about how your condition is affecting your everyday life.  


How Long Do I Have to File a Brain Injury Lawsuit in California?

No matter how strong your brain injury claim is, you won’t be able to secure a payout if the liable party refuses to settle and the statute of limitations for filing a lawsuit has passed. In California, the typical filing deadline for personal injury actions is two years. 

If the case involves medical malpractice, this deadline is extended to three years. If the defendant is a government entity, on the other hand, the plaintiff has just six months to commence the proceedings by filing an administrative claim. Because there are so many exceptions to these filing deadlines, it’s advisable to call a lawyer as soon as possible.  


Call 1-800-GO-HARRIS to Discuss Your Case with a California Brain Injury Attorney

If you’re living with a TBI because someone failed to exercise reasonable care, turn to Harris Personal Injury Lawyers. Our compassionate team has helped more than 5,000 accident victims and their families recover the funds needed to make their lives whole again. To schedule your free case review with a brain injury lawyer in California, complete our Contact Form or call 1-800-GO-HARRIS. 

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