What’s a Good Settlement for a TBI in Massachusetts?

Traumatic brain injuries (TBIs) are often so devastating for victims and their families that they want compensation as soon as possible through a settlement. While that is understandable, making sure a settlement is good before accepting it in Massachusetts is vital.

This starts with thoroughly understanding all medical damages associated with your injuries. This includes the cost of diagnosing and treating a TBI, no matter how long that treatment takes. In addition to hospital and rehabilitative costs, good settlements should pay victims for their lost wages from an injury. Victims’ lost wages from TBIs might be long-lasting, and our lawyers can get medical experts to offer statements confirming victims cannot return to work. A TBI settlement is not good or fair unless it covers a victim’s pain and suffering. Because brain and head injuries affect nearly all aspects of victims’ lives, they should not undervalue their non-economic damages, as doing so could lead to bad settlements.

For help with your case from our Massachusetts brain injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.

What Are Good TBI Settlements in Massachusetts?

A traumatic brain injury could change your life in an instant, landing you in the hospital and facing detrimental lost wages on top of emotional distress. TBIs sustained because of negligence are compensable, and victims may file lawsuits to seek damages. Many injury lawsuits settle out of court, but ensuring a good settlement is crucial, or else you could be left uncompensated for certain damages, likely pain and suffering.

Settlements that Cover All Medical Expenses

A traumatic brain injury is among the most serious victims could suffer, not only because of the physical consequences but because of the financial implications. Medical expenses for TBIs begin with tests and evaluations. To diagnose a traumatic brain injury, doctors may perform a series of imaging tests, such as CT scans and MRIs. Specialists may perform neurological exams and ask victims about their symptoms, such as if they lost consciousness when they were injured or have experienced motor function issues. A combination of imaging tests and physical assessments is often necessary to diagnose a TBI and determine its severity. These tests alone can be exceptionally expensive, and victims might have to remain in the hospital for further tests or evaluations, leading to more bills.

In addition to costs related to diagnosing a TBI, a good settlement should cover the costs of treating a TBI. Surgery, especially to address brain injuries, is very expensive, and victims might need such care to remove blood clots or repair skull fractures.

On top of emergency surgery, victims with TBI might have to undergo extensive physical therapy and take medications to address common complications of TBIs, like seizures. Your medical treatment will likely extend past the end of your personal injury claim, and a good settlement should compensate you for future losses. To convince a defendant of this, our Massachusetts brain injury lawyers may get statements from the physicians who have treated you and other medical experts to confirm the future care you will need and its cost.

Settlements that Cover All Lost Wages

Traumatic brain injuries can permanently affect victims’ motor functions and cognitive abilities, reducing or eliminating their earning capacities. Because of this, a good settlement should include compensation for a victim’s lost wages based on their previous income and how long they will be unable to work, which could be the rest of their lives.

We must present proof of your damages to get compensation for lost income in a settlement. In addition to verifying all necessary medical care for a TBI, medical experts can give statements confirming that the victim’s condition and physical or cognitive limitations prevent them from resuming their previous position at work. Typically, victims who suffer TBIs cannot return to work for several years and often never at the same earning capacity. When evaluating settlements, it is important to consider how your injury will affect you in the long term, especially regarding your ability to support yourself and your family.

Settlements that Cover Pain and Suffering

The physical pain and emotional suffering associated with TBIs is often great. First of all, TBIs are sustained during catastrophic accidents, like falls from high heights or car crashes. These accidents can be traumatic in and of themselves, causing victims to develop PTSD symptoms for which they need medication or therapeutic care from mental health professionals.

TBIs are some of the most physically debilitating injuries for victims, often causing motor function issues that require rehabilitative care. Victims might have to relearn daily tasks, like brushing their teeth, feeding themselves, or walking. Because your pain and suffering would not exist if not for the defendant’s negligence, they should compensate you for emotional distress in a settlement.

While good settlements cover pain and suffering, defendants rarely offer this compensation right out of the gate. Seemingly large lump sum offers might appear to compensate victims for all damages associated with TBIs initially. However, when we itemize your economic damages and quantify your non-economic damages, your actual losses might be far greater than what the defendant offered to pay.

Getting negligent parties to increase compensation for pain and suffering in settlements often requires certain evidence, such as personal statements from victims, victims’ medical records, and statements from mental health experts. Our attorneys can use such evidence as leverage during negotiations, showing the defense their chances of being held liable for larger amounts should the case go to trial. When traumatic brain injury cases go to court, juries may be sympathetic to victims’ experiences, especially after hearing testimony about their reduced quality of life since sustaining a TBI due to negligence.

Call Our Injury Lawyers About Your TBI Case in Massachusetts

Call (617) 925-6407 to discuss your case for free with the Law Office of John J. Sheehan’s Boston brain injury lawyers.