From one moment to the next, your whole life is completely changed. When it comes to traumatic brain injuries (TBIs), there’s no such thing as a minor injury. Traumatic brain injuries significantly impact the victim’s quality of life. These injuries leave them unable to do and enjoy many of the hobbies, activities, careers, or relationships they once had.
At the Law Office of Cohen & Jaffe, we know how damaging traumatic brain injuries can be, and more importantly, we understand the deep trauma that comes with such an injury. Knowing how these injuries harm, our Rockville Centre personal injury attorneys are committed to helping our clients recover maximum compensation for the liable party. The Law Office of Cohen & Jaffe is committed to helping accident victims hold negligent parties accountable and recover the fair compensation they deserve and are owed.
How Is a TBI Settlement Value Determined?
There are various key components that factor into the calculation of a TBI settlement. Some of the most important are listed below.
The Severity of the Injury
No two brain injuries are the same. Some individuals may develop a mild concussion and experience symptoms for a few months, and others develop more severe and life-lasting systems. Traumatic brain injuries leave lasting impacts, which makes them more severe, resulting in significantly higher settlements than mild concussions.
The Medical Care Required
TBs generally produce lifelong impairments, resulting in lifelong medical care. The more care and the longer the care is required, the higher the settlement amount will be.
The Ability to Work
In a personal injury case, the victim is eligible for compensation for their lost income as a result of their brain injury. This includes compensation for lost earning capacity, which means that they are no longer able to work their old job or never be able to work again.
In some instances, the victim was partially at-fault for the accident, but not a greater amount than the other party. In New York, even if the victim is partially to blame for the accident, they can still recover compensation. However, the amount they can recover is reduced by the percentage of blame assigned to them.
When the at-fault party is deemed to have behaved recklessly or even with malicious intent, the victim may be able to recover punitive damages in addition to their other damages.
Insurance Policy Limits
Regardless of the TBI severity, a victim cannot expect to settle for more than the combined coverage limits of the insurance policies that apply to their case. This is why it’s always crucial to speak with an experienced TBI attorney who can help you identify the best route to recover fair compensation.
It’s not easy to pursue compensation for a catastrophic injury, like a TBI, because of the multiple moving parts of these types of cases. At the Law Office of Cohen & Jaffe, we ensure our clients have the best possible chance for a successful resolution.
Should You Accept a TBI Settlement Offer?
Traumatic brain injuries can drastically change the course of your life. The impact that this catastrophic injury has on your life is not something to take lightly. While most personal injury claims settle rather than proceeding through the court, that doesn’t mean accepting a settlement offer is the right route for you (especially if it’s the first offer sent your way). Before agreeing to any settlement, it’s important to be confident that the payout is sufficient.
Reasons Why Settling Too Soon After a TBI Can Be Risky
As mentioned above, insurance companies are worried about their profits. As a result, they often pressure TBI victims and their loved ones to settle as quickly as possible. However, this is rarely in the best interest of the victim. There are multiple reasons that agreeing to a TBI settlement too soon can be potentially risky for your health and future.
TBIs Are Hard to Diagnose
TBI cases are often complicated. In the early weeks after the accident, it can be difficult to determine the long-lasting and severe symptoms that you may suffer. Before accepting any settlement offers, there needs to be a clear understanding of how this injury impacts every aspect of your life presently and in the future.
Insurance Companies Don’t Have Your Best Interests in Mind
While insurance coverage is there to help cover you when needed, the truth is that insurance companies are focused on finding the best way to offer the lowest possible offer you will take. In most cases, the first offer is substantially less than the true value of your claim, but they can be really convincing that it’s in your best interest to accept it.
Settlements Are Final
When a claim is settled in almost every case, it’s a voluntary and permanent choice to give up your right to pursue additional compensation later, even if your condition worsens.
The best way to ensure that you’re getting fair compensation for your TBI injury is to work with a trusted and experienced Rockville Centre TBI attorney. Their knowledge, resources, and skills ensure that your case gets the detailed and careful attention it needs to accurately determine its value. They are your advocate, fighting for your best interest.
Contact a Skilled Rockville Centre Traumatic Brain Injury Lawyer
There’s no amount of money that can change the way a TBI changed your life, but at the Law Office of Cohen & Jaffe, we are determined to help our clients recover the compensation they deserve to help them cope. Due to the immersive damage that TBIs cause, insurance companies are quick to offer quick and seemingly worthy settlement offers. Our attorneys will ensure that the offer you accept is in your best interest. Should the insurance company fail to offer a fair settlement, we are ready to go to trial to protect your right to compensation.
At The Law Office of Cohen & Jaffe, we aggressively pursue favorable results for our client’s claims. Fight for your right to fair compensation today by scheduling a free consultation at 516-358-6900. You may also complete our contact form to ask for more information or subscribe to our Cohen & Jaffe YouTube channel to stay informed on TBI personal injury claims.
For a free legal consultation with a traumatic brain injury lawyer serving Rockville Centre, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.