Car Accident Head Injury Settlements
No two head injuries are alike: They can be minor or traumatic, short-term or lasting, easily seen or invisible to the naked eye. But regardless of the type and severity, if you’ve sustained a head injury in an auto accident, you might want to consider how much money you’re willing to accept to settle your claim rather than go to trial. Settlements are often the most time-efficient and financially responsible option for accident victims seeking to recover compensation. Here’s what you should know:
Types of Damages
In any head injury case, there are two basic types of damages: special and general.
- Special Damages: Also referred to as economic damages, special damages are financial losses incurred due to an injury. They can include medical expenses, lost wages, diminished earning capacity, property damage, and other calculable monetary losses.
- General Damages: Also known as noneconomic damages, general damages are losses for which a monetary figure is not as easily quantified. They may include pain and suffering, emotional distress, mental anguish, and loss of consortium.
Valuing a Settlement
A handful of factors will affect the value of a settlement:
- Severity of Injury: The more severe the injury, the more compensation the victim may receive.
- Liability: Was the other driver clearly at fault for the accident? Did their actions directly cause harm to the victim? If so, the defendant is less likely to challenge the claim in court and more likely to offer a larger settlement.
- Mitigating Damages: The damages must be reduced by the plaintiff if reasonably possible. For example, if the plaintiff decides not to seek treatment and must pay larger medical expenses as a result of their refusal, the insurance company might lower the value of the settlement.
- Punitive Damages: If the conduct of the defendant was particularly egregious, the victim might be awarded punitive damages in addition to the settlement value.
Contact a Car Accident Attorney
Head injuries can be devastating from a physical, emotional, and financial standpoint. Let us work on your behalf to recover compensation in a personal injury claim while you focus on healing. Fill out a free case evaluation now.