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What Are the Key Factors That Determine the Value of a Brain Injury Settlement?

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Brain Injuries Can Produce a Wide Array of Issues

Whether a minor or severe brain injury is sustained, a wide array of challenges and symptoms may occur following a brain injury. For anyone who has experienced or witnessed a loved one endure one, we can understand that the suffering and challenges that follow brain injuries impact our lives in a multitude of ways and, in some cases, for the rest of our lives.

Due to the severity of the results that a brain injury can produce, our clients must be fully compensated for the issues these injuries cause. But what aspects will directly influence the amount of compensation you should expect? Read below to learn more.

Traumatic Brain Injury

One of the most common brain injuries sustained in a car accident is a Traumatic Brain Injury (TBI). According to Johns Hopkins Medicine, a “TBI happens when a sudden, external, physical assault damages the brain.” “The severity of a brain injury can range from a mild concussion to a severe injury that results in coma or even death.”

Two types of common TBI are a closed brain or penetrating brain injury. A closed brain injury typically results from rapid movement in the brain following a severe fall, car accident, or other jarring motion that causes the brain to shake or move inside the brain, which can sometimes lead to bruising or tearing of blood vessels or brain tissue.

A penetrating brain injury may occur as a result of an item protruding into the brain through the skull, such as a bullet or piece of metal or glass.

Brain Contusion

If one suffers from a brain contusion, this typically means that there is bleeding within the brain tissue due to head trauma. Picture a skin contusion, which can lead to bruising and leaking of blood beneath the skin. This reaction is typically due to blood vessels breaking. When a brain contusion occurs, pressure can build on the brain, leading to dangerous issues if not addressed.

Common symptoms of a brain contusion can include tiredness, emotional distress, or confusion. Worse symptoms, such as issues with cognitive function or loss of consciousness, may also occur.

Concussions: A Common Brain Injury with Varying Symptoms

As more and more studies are done to realize the complete effects of a concussion on the brain, it’s essential to take these injuries seriously. Concussions are caused by the violent and rapid movement of the brain against the skull, such as in the case of a car accident. When rapidly accelerating or decelerating, the body and head can get thrown around, resulting in significant force to the skull and brain.

Symptoms from a concussion can range widely from headaches and disorientation to memory loss, temporary or permanent brain damage, and more. These symptoms can be especially troublesome if the patient has experienced multiple concussions.

Effects of Brain Injuries

When pursuing compensation following a brain injury, it’s crucial to effectively prove the symptoms that occur and what challenges and obstacles they present to our clients.

Cognitive deficits may be permanent, such as shortened attention span, amnesia, confusion, inability to understand simple commands, problems with judgment, and more.

Language and communication deficits may also occur, rendering the patient with difficulties understanding speech or being able to speak. This challenge can also transfer to writing or reading.

Standard Function Deficits can occur, such as the inability to operate a vehicle, take a bath or shower, or eat.

Sensory deficits such as hearing, smell, or taste changes may occur. Vision problems can also be present, such as limited range of vision or double vision.

Other deficits such as tremors, paralysis, poor balance or coordination, fatigue, headaches, anxiety and depression, and loss of bowel or bladder control may also occur.

As you can see, even if a client is experiencing one of the above symptoms, their lives may be temporarily or forever changed. If several symptoms present as a result of a brain injury, which is often the case, their daily lives may be impacted in such a way that they aren’t able to work or provide for their families.

How is Compensation Determined Following a Brain Injury?

Your experienced attorney will ensure that all symptoms that you or your loved one are experiencing are documented so the courts are aware of the challenges and obstacles that occur in your daily life.

Another way to help determine how the brain injury has affected your daily life is to create a clear picture of who you were before the injury occurred and how much the injury may have impacted your life.

Your medical needs will be determined and presented as well, whether they be immediate or on a long-term scale. Your injury may require medical care indefinitely, meaning that you should pursue compensation that can accommodate this need.

Pain and suffering should also be accounted for. If you have diminished earning capacity, this may affect you for the rest of your life. Will you require someone to assist you or your loved one with daily hygiene or other basic needs? The costs for this can be included in the compensation calculation as well.

Loss of enjoyment in life should be considered as well. What you may have once enjoyed but now aren’t able to due to the injuries sustained should be reviewed.

Contact our office today at 803-855-1012 to learn more about how our competent and compassionate team can ensure you are adequately compensated for any brain injuries you or your loved ones have sustained.

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