How Much is a Head Injury Worth in Massachusetts?
Head injuries, even minor ones, can cause victims significant damages that they need compensation for. Unfortunately, many victims do not know how much their claims are truly worth and can lose compensation if they accept a lower settlement because of it.
While head injuries typically range in classes of severity, there is typically no “average” value for a settlement because each case is different. How much your claim is worth will turn on numerous factors, including the severity of your head injuries. Victims who suffer traumatic brain injuries tend to have more valuable claims because their damages are quite high. However, you might still be entitled to serious compensation for a more minor head injury if it causes significant financial losses and pain and suffering. Our lawyers will review your medical records and consult with experts so you do not leave crucial compensation on the table.
Call the Law Office of John J. Sheehan at (617) 925-6407 to speak with our Massachusetts personal injury lawyers and receive your free case review.
How Much Compensation Can I Get for a Head Injury Another Person Causes in Massachusetts?
It is often difficult to determine how much a claim for head injuries is worth, especially at the start of your case. Whether it is a minor head injury or a major one, it takes time to appreciate the harms fully and how the head injury has impacted various aspects of your life. Our Massachusetts personal injury attorneys can explain the numerous factors impacting your case and how we will prove your damages. The type and extent of the head injury you suffered will be a significant factor in your claim’s value since more severe injuries tend to result in higher medical bills. Other financial losses, like lost income, will also increase the case’s worth. However, prior injuries or your own negligence can reduce the value of a claim if not addressed. Below explains how compensation will be assessed in an injury claim:
The Type and Severity of the Head Injury
“Head injuries” encompasses a wide range of different injuries, from relatively minor concussions to traumatic brain injuries (TBIs). Make no mistake, even a “minor” head injury can set victims back thousands of dollars in medical expenses. If you needed to stay in the hospital for a few days or weeks so your doctors could monitor a concussion injury, you would likely have high medical expenses for the treatments received, even if you did not need further care.
Victims of a TBI often have medical expenses ranging from high to astronomical. TBI victims can experience paralysis, nerve damage, motor function complications, and a host of other symptoms that might be long-term or for life. The more severe the head injuries, the more medical care and modifications you will need to make, increasing the compensation you should recover.
Lost Income and Other Financial Losses
Your case’s worth will also be higher if you claim lost wages and other economic losses. Did your head injury make you miss work? Did they negatively affect professional opportunities and your earning potential in future employment? If so, it should increase the worth of your claim. Many head injury victims also need some form of occupational therapy before returning to work because motor functioning has been damaged, which will increase the compensation we demand.
Other financial costs you paid to handle your case or treat your injuries must also be accounted for to get the true value of your claim. We will do this by reviewing your out-of-pocket expenses. For instance, the value of your damaged property from the accident should be included. Payments for medications, babysitters, and gas to get to your various appointments can also increase the worth of your claim.
Impact of Pain and Suffering on Your Life
Often, the hardest part about evaluating a head injury claim accurately is determining the value of your “pain and suffering.” These damages are non-economic and do not lend themselves to easy calculations because they cannot be added up like your medical bills can. Instead, a value must be derived and assigned to the subjective experiences brought on by your head injuries. Reductions in your quality of life, missed time with family and friends, and the countless other ways head injuries can impact you can greatly increase your claim’s worth.
How Do I Recover Compensation for a Head Injury in Massachusetts?
How you can recover compensation for your head injuries depends on when and where your accident occurred. If the defendant caused you head injuries at work while you were on the clock, Workers’ Compensation might be the only method to cover your damages. For instance, if your employer or coworker unintentionally caused your head injuries, you would likely need to file a Workers’ Compensation claim.
However, Workers’ Compensation has significant limitations that will impact the value of what victims recover. First, Workers’ Compensation only compensates for necessary medical care and typically does not even cover all your lost wages. Second, Workers’ Compensation does not cover pain and suffering damages, so that value would not be included in your benefits. Lastly, it generally bars victims from filing lawsuits to recoup their losses.
If your injuries occurred on your private time, or we can find an exception to Workers’ Compensation’s prescriptions, we can file a lawsuit to pursue the full value of your claim. Fortunately, damages are not capped in Massachusetts personal injury lawsuits, so you can recover all the compensation we can substantiate. The only exception is if your head injuries were the result of a healthcare provider’s malpractice. In medical malpractice lawsuits, your economic damages will not be limited, but non-economic damages will be capped at $500,000, according to Mass. Gen. Laws Ch. 231 § 60H.
Call Our Personal Injury Attorneys in Massachusetts Today for Help Covering the Damages Caused by Your Head Injury
For a free case assessment with our Boston personal injury lawyers, contact the Law Office of John J. Sheehan at (617) 925-6407.