For those suffering from a head injury, it can be an assault on the body, mind, and spirit like no other. When the head injury was caused by another driver's carelessness, you may be entitled to damages. Damages, in this instance, refers to several different types of compensation: medical expenses, car repair or replacement, lost wages, and, most importantly, compensation for pain and suffering. Understanding how your compensation is calculated could help you know what to expect, so read on to learn more.
Be Patient With Your Claim
Head injuries can be complicated, as you likely already know. Instead of a finite and limited injury, a head injury is more like a cluster of injuries. Additionally, some head injuries take time to become apparent, and the effects of the accident on the brain can come, go, lessen, and worsen over time. For this reason, it's important not to jump at the first offer of compensation; the full extent of your damages may not be known for several weeks or months. While there is a statute of limitations on personal injury claims, it averages about two years throughout the United States.
Tracking Your Injury
Your personal injury compensation will likely be based not only the dollar amount of your medical expenses, but also on the severity of the injury. Another way to view the severity of the injury is to use the term "pain and suffering." While a head injury can affect you in many ways, the bottom line for compensation purposes is the manner in which the injury affects your day-to-day quality of life.
Additionally, your family members are entitled to be compensated for the ways that their own lives have been affected by the carelessness of the other driver. While your medical records will provide the proof of your medical expenses, you need to be able to show the emotional effects as well. Victim journals will provide you with a therapeutic method of dealing with your injuries, and provide written documentation for the insurance company as well.
Calculating Your Settlement Offer
To arrive at a settlement offer, the insurance company may use a mathematical formula. While the exact method varies, it usually involves multiplying the dollar amount of your medical expenses with a factor that aligns with the severity of your injury. There are many other factors considered, such as your age, the amount of fault you might share with the other driver, and other recent awards for similar cases.
To get you the most money damages possible for your injury, speak to a personal injury attorney today.