You’ve suffered a traumatic brain injury, and now you’re wondering what your case might be worth. It’s one of the first questions people ask, and honestly, there’s no simple answer. No calculator exists that can spit out an exact number because every case is different. Our friends at The Edelsteins, Faegenburg, & Blyakher LLP work with clients throughout New York who are dealing with these injuries. A brain injury lawyer can help you understand what your specific case might be worth based on how the injury has affected your life.
What Goes Into Calculating Case Value
Brain injury cases involve two types of damages. Economic damages are the tangible costs you can add up on paper. Non-economic damages? Those are harder to quantify but just as real.
Economic Damages You Can Claim
Think of these as your out-of-pocket expenses and financial losses:
- Medical bills from emergency care, hospital stays, and surgeries
- Rehabilitation costs, including physical therapy, occupational therapy, and speech therapy
- Future medical expenses for ongoing treatment and care
- Lost wages from the time you couldn’t work
- Reduced earning capacity if you can’t return to your previous job
- Home modifications if you need wheelchair access or specialized equipment
- In-home care or nursing assistance
The Centers for Disease Control and Prevention reports that traumatic brain injuries contribute to a substantial number of deaths and permanent disabilities each year. For severe cases, lifetime costs can reach into the millions.
Non-Economic Damages That Matter
These damages compensate you for the ways your injury has affected your quality of life. We’re talking about physical pain and suffering, emotional distress, and mental anguish. Loss of enjoyment of life activities. Cognitive impairments that affect your daily functioning. Relationship impacts and loss of consortium.
Severity Makes a Significant Difference
A mild concussion that resolves in a few weeks will obviously be valued differently than a severe TBI that leaves you with permanent cognitive deficits. Doctors use the Glasgow Coma Scale score, imaging results, and expert medical opinions to establish severity. Permanent injuries carry much higher values because they affect the rest of your life. If you’re 35 years old and can never work again, that’s decades of lost income. Need 24-hour care? Those costs add up quickly.
How Liability Affects Your Recovery
New York follows a pure comparative negligence rule. What does that mean for you? If you’re found partially at fault for the accident that caused your brain injury, your compensation gets reduced by your percentage of fault. Let’s say you’re 20% responsible for your accident. You’ll receive 80% of the total damages. That’s why establishing clear liability is so important. Strong evidence showing the other party was entirely at fault means you can recover full compensation.
Insurance Policy Limits Create Ceilings
Even if your damages total $2 million, you can only recover what’s available. The at-fault party might have a $300,000 insurance policy and no significant personal assets. That could be the practical limit of what you’ll actually collect. It doesn’t change what your case is worth, but it affects what you’ll receive.
Settlement vs. Trial Considerations
Most brain injury cases settle before trial. But the settlement amount depends partly on what you could win at trial. Insurance companies evaluate their risk constantly. Your case is strong, and a jury might award substantial damages. They’re more motivated to offer a fair settlement. Going to trial takes longer and involves more uncertainty. Sometimes it’s necessary to get appropriate compensation.
Getting Your Case Properly Valued
You need someone who understands both the medical and legal aspects of brain injuries. That means working with doctors who can document your condition. Life care planners who can project future needs. Economic specialists who can calculate lost earning capacity. Don’t accept the first settlement offer you receive. Insurance companies often lowball initial offers. They’re hoping you’ll take quick money without understanding your case’s true value. If you’ve suffered a brain injury, contact an attorney who handles these cases regularly. They can review your medical records, assess your damages, and give you a realistic picture of what your claim is worth.
