Should You Accept a Catastrophic Brain Injury Settlement?

A catastrophic brain injury is a severe form of traumatic brain injury (TBI) that has long-term or permanent effects on an individual’s quality of life. These injuries often result in significant physical, cognitive, and emotional impairments, requiring extensive and ongoing medical care, rehabilitation, and support.

Deciding whether to accept a settlement for a catastrophic brain injury involves careful evaluation of the proposed compensation in relation to the ongoing and future needs of the injured person. Therefore, it is crucial to consider several factors before settling, including the:

• Extent of medical needs
• Potential for future complications
• Overall financial implications

Will the settlement really cover your needs forever, or are you being lowballed by an insurance company protecting their bottom line?

This article will explore the key aspects to review with loved ones and legal counsel before accepting a TBI injury settlement, including understanding the full impact of the injury, assessing long-term costs, and seeking professional advice. With some critical analysis and professional help, you can make an informed decision that best supports the financial and emotional well-being of you and your loved ones.

If you or someone you love have suffered from a catastrophic brain injury due to someone else’s negligence, Julian Fertitta and Richard Grimes (the founding lawyers of Grimes & Fertitta and skilled personal injury attorneys in Houston) can help you to build a case and file a claim for compensation. Call 713-224-7644 or schedule a free consultation online today.

What is the average settlement for a traumatic brain injury?

The average settlement for a traumatic brain injury (TBI) can vary greatly depending on the severity and circumstances of the injury. Mild or moderate head injury settlements typically fall in the six-figure range, more severe brain damage claims can end up reaching millions of dollars.

Factors that affect the settlement amount for traumatic brain injury cases include the following:

• The severity of the injury: More severe injuries that lead to long-term or permanent disability are often awarded higher settlements.
• Medical expenses: Costs related to hospital stays, surgeries, rehabilitation, and ongoing medical treatments can significantly increase the settlement amount.
• Loss of income: If the injury prevents the victim from working or diminishes their earning potential, settlements may include compensation for lost wages and future earning capacity.
• Pain and suffering: Non-economic damages like physical pain, emotional distress, and reduced quality of life are considered in the settlement calculation.
• Liability and negligence: The degree of fault and negligence attributed to the responsible party can also influence the settlement amount.
• Legal representation: The experience and skill of the Houston brain injury lawyer handling the case can play a crucial role in negotiating a higher settlement. They can help you accurately assess the long-term financial impact of your injury and negotiate with insurance companies/other parties involved, greatly increasing the chances of securing a settlement that meets your needs. They can also help you sue the insurance companies if they refuse to pay you a fair settlement for your TBI.
• Insurance policy limits: In some cases, the amount of settlement may be limited by the combined coverage limits of your and the responsible party’s insurance coverage.

Learn more about your rights: Can you sue an insurance company for taking too long? Can you sue your insurance company for emotional distress?

Why should you wait to settle after a catastrophic head injury?

If you accept a settlement too soon, you may not receive enough compensation to cover all current and future expenses related to your injury. It is essential to wait until your medical treatment has stabilized and you have a clear understanding of the long-term effects of the injuries before accepting a settlement in your traumatic brain injury lawsuit. Waiting to settle also allows time for any potential complications or secondary conditions to arise, which can affect the total value of your case.

Even if you feel like you have a good grasp on your condition, don’t accept the first settlement offered by the insurance company. While we would like to think that those responsible for our injuries will do the right thing and compensate us fairly, unfortunately, this is not always the case. Insurance companies are known for trying to settle cases quickly and for as little money as possible, often offering less than what your case is worth. This can leave victims with inadequate compensation that may not cover their long-term needs.

The importance of hiring a brain injury attorney

Seeking legal representation after a TBI is crucial to ensure you receive the justice and compensation you deserve. An experienced lawyer will not only navigate the complexities of the legal system on your behalf but will also advocate for your best interests throughout the process. Hiring a legal representative for your brain damage claim comes with several important advantages:

• Experience in TBI cases: Specialized lawyers have extensive knowledge and experience handling TBI cases, which can greatly influence the outcome.
• Accurate valuation of claims: Legal representatives can accurately assess the value of your claim, considering both current and future expenses related to your injury.
• Negotiation skills: Lawyers are skilled negotiators who can effectively deal with insurance companies and opposing parties to ensure you receive fair compensation.
• Access to resources: Experienced lawyers have access to medical experts, investigators, and other resources that can support your case.
• Reduced stress: Handling a TBI claim can be overwhelming, especially while recovering from an injury. Legal representation allows you to focus on your recovery while your lawyer manages everything else.
• Maximizing compensation: An attorney will explore all possible avenues to maximize your compensation, helping ensure that all medical bills, lost wages, pain, and suffering are accounted for.

When choosing your legal team, be sure to look at their experience. Some law firms are experienced in only one or two types of personal injury claims. The attorneys at Grimes & Fertitta, however, have decades of experience successfully representing a wide array of personal injury cases.

In particular, we have gained a reputation amongst our clients and colleagues for the thorough, thoughtful way in which we handle tough cases involving severe injuries. We are a conscientious and close-knit firm that treats our clients like family. You will never be just another case number to us.

How to file a brain damage claim

If you’re still in the early phases and have yet to file a catastrophic brain damage claim, you don’t want to wait much longer. The statute of limitations in Texas for personal injury claims is generally two years from the date of your injury, so time is of the essence when it comes to filing a claim.

Can you make a claim on behalf of someone with a brain injury? Typically, yes. A spouse, child, partner, or parent can also file for loss of consortium, which allows you to make a personal injury claim on their behalf. Alternatively, if the loved one legally allows you to manage their affairs, you can file a claim through power of attorney.

Here are the key steps you should take to file a traumatic brain injury claim:

1. Seek medical attention: The first and most important step after suffering a TBI is to seek medical attention immediately. Your well-being should always be your top priority.
2. Gather evidence: As soon as possible, start gathering evidence related to your accident and injury. This can include photos, witness statements, medical records, and any other relevant documentation.
3. Consult with an experienced lawyer: Reach out to a specialized TBI lawyer for a consultation. They will review your case, advise you on the strength of your claim, and guide you through the legal process.
4. File your claim: After consulting with your lawyer and gathering all necessary evidence, it’s time to file your claim. Your lawyer will handle all paperwork and communication with insurance companies.
5. Negotiate or litigate: Depending on the response from the insurance company, your lawyer may negotiate a settlement or take your case to court. They will continue to represent you and fight for a fair settlement for a TBI until a resolution is reached.

Catastrophic brain injury cases rely heavily on evidence, medical records, and expert testimony. So, the best way to ensure that you will get the compensation you deserve is to hire a trustworthy and aggressive catastrophic brain injury lawyer.

As former insurance company defense attorneys, the lawyers at Grimes & Fertitta have the expertise and understanding of how an insurance company will handle your case, making us a valuable team to have fighting for your brain injury claim.

Contact a brain injury lawyer from Grimes & Fertitta to take on your case!

Filing a personal injury claim, and knowing when to accept a catastrophic brain injury settlement, can be extremely challenging, but you don’t have to go through it alone. If you’re looking for the right brain injury lawyer in Houston or the Woodlands, trust your catastrophic brain injury claim to Grimes and Fertitta. We have the expertise and the dedication needed to fight for our client’s best interests and always prioritize their quality of life.

Call 713-224-7644 or schedule a free consultation online to speak to a lawyer who has the proper experience to help with your case.

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