Getting a settlement in an injury case can cover everything you need and avoid dragging out the case at trial. However, it is important to make sure your settlement is good before you accept anything.
You only get to accept a settlement once, so make sure to talk to a lawyer about whether your settlement is good before you sign anything. A good settlement consists of enough money to cover each area of damages you have. This typically means fully paying for past and future medical expenses, lost wages and lost future earnings, and pain and suffering.
For a free case evaluation, call the Los Angeles, CA personal injury attorneys at the Law Office of John J. Perlstein at (213) 252-1070.
Damages Available in a Brain Injury Case
When analyzing a settlement offer, it is important to look into the areas of damages you can claim. If you have damages in any of these areas, and they’re missing from the settlement, it probably isn’t good for your case.
Past Medical Bills
The medical bills you already faced to treat the injuries should be available. If you were hospitalized, needed an ambulance, got MRIs, or needed surgery, those are expensive costs. They should all be paid for in a settlement.
Future Medical Bills
Many people file injury claims before their treatment is completed. They may have physical therapy and rehabilitation costs coming up, plus other ongoing future care needs. If you can reasonably calculate these damages, you can claim them in an injury case even if the treatment didn’t happen yet.
Past Lost Wages
If your injury kept you from going to work, the wages you lost should also be compensated. We can calculate the wages you missed by looking at your typical pay amount, multiplied by the amount of time you missed.
This covers lost wages for time spent in the hospital or to attend appointments, as well as time you missed because your injuries make it impossible to work.
Other Economic Damages
Other expenses the accident caused you can also be claimed, such as damaged property, childcare costs while you recover at the hospital, and more.
Future Lost Earning Capacity
Some injuries heal before your case is over, so all lost wages are in the past. If the injuries will continue making it hard to work or reduce your wages, you can claim damages for that.
We can compare the wages you were expected to make for the rest of your life before the injury to the wages you are now expected to make and claim the difference. This works when your expected future wage is reduced or when you cannot work at all.
Non-Economic Damages, Generally
There are also damages you can claim because of intangible, non-economic effects. This includes things like pain, mental anguish, and emotional distress.
Pain and Suffering
Pain and suffering is sometimes used as the umbrella term for non-economic damages and may be a better way of expressing the harm you suffered.
Lost Ability
An inability to perform everyday tasks (a.k.a., activities of daily living) can also be claimed as damages. For example, if you need help dressing yourself, cleaning your house, or caring for your children because of your injury or disability, that is also a redressable harm.
Calculating Damages for a Settlement
Now that you know what you can claim damages for, you have to calculate the amount of damages in each category. If your settlement offer is under the proper amount, we might be able to bring it up through negotiations.
Bills and Other Records
The bills, receipts, and bank records showing what you spent or were charged for your injuries can show how much you need to claim. We may also look to records like pay stubs.
Projecting Future Costs
Projecting future medical bills and lost earning capacity means looking at your current situation and having experts analyze how that might change. You typically need medical experts to discuss your injuries/disabilities and how they will affect you going forward, plus economic experts to analyze the costs.
Sometimes we can use actuarial tables for general statistics instead of hiring economic experts.
Calculating Pain and Suffering
Pain and suffering is based on your personal experience, not bills or receipts. We typically use two calculation methods as a shortcut to expressing pain and suffering in a dollar amount:
- The Multiplier Method uses a multiplier based on how severe your injuries are. We then multiply that by the economic damages to get the total non-economic damages.
- The Per Diem Method chooses a per-day cost of your pain and suffering, typically based on a day’s wages. Then we multiply that by how many days you faced or will face pain and suffering.
The Process of Settling
Getting from an injury case to your total settlement value takes work:
Assess Damages
We have to look into your case, check medical records, and examine your finances to see what harms you faced. Only once we’ve gathered this list can we put a value on each of them and calculate amounts.
Assess Evidence/Strength of Your Case
If you cannot prove your damages at trial, it will be harder to convince the insurance company to pay your full damages. They may offer you a portion of the damages and reject the full amount, thinking they can win at trial if it comes to it.
Stronger evidence can often result in a faster and higher settlement.
Negotiate with the Defense
Our personal injury lawyers may be able to negotiate for higher damages by explaining the evidence to the insurance company and showing them how strong the case against them is. They will often avoid trial if they know they will lose, potentially settling for a higher amount.
FAQs for Brain Injury Settlements in California
Should You Go to Trial Instead?
If the insurance company refuses to pay, you may have to go to trial. Do not accept a low settlement that fails to cover your needs.
Should You Do a Lump Sum Settlement or a Structured Settlement?
It depends on your needs and financial situation. Getting a lump sum often gives you more flexibility with your money compared to a fixed income on a structured settlement. Even so, a structured settlement may allow you to maintain eligibility for various programs, such as state Medi-Cal.
What Are the Tax Implications of a Brain Injury Settlement?
Most money you get because of a physical injury is not taxable, but always check with a lawyer about tax implications.
Can You Undo a Settlement?
Usually, you cannot undo a settlement unless it was induced by fraud or coercion. If you settle, your case is over, and you cannot get more money, so always check with a lawyer before signing or taking the money.
Call Our Brain Injury Lawyers in California Today
Call (213) 252-1070 for a free case review with the Orange County, CA personal injury attorneys at the Law Office of John J. Perlstein.