A bad headache could leave you unable to focus on important things like work or school. A really bad headache could leave you debilitated and unable to get out of bed. Some head injuries are so catastrophic that victims end up in comas or with permanent brain damage. When people begin filing a personal injury lawsuit for a head injury, one of the first things they want to know is how much their case is worth.
The average amount of money paid for head injury cases is difficult to pinpoint. Cases sometimes get payouts of a few thousand, tens of thousands, hundreds of thousands, or even millions of dollars. The value of your case will depend on the types of damages you claim. If you overlook certain damages when you first file your complaint, it may be difficult to go back and add them after the case has begun.
Call The Carrion Law Firm at (718) 841-0083 for a free case assessment from our New York City personal injury attorneys.
What’s the Average Payout for a Head Injury in New York?
It is hard to say what the average payout is for head injuries in New York. Various amounts of money have been awarded in previous cases, from very low to extremely high. All lawsuits are unique, and victims’ recoveries depend on their specific damages.
Some payouts are smaller and encompass only medical expenses. Other payouts are much larger and cover medical bills in addition to various other damages. A case with strong evidence against the defendant might lead to a larger payout or settlement. A weak or evenly matched case may take longer to resolve, and the final payout might be smaller as a result.
The size of your payout depends on the unique factors of your case. It also depends on the effectiveness and skill of your lawyer. A good Patchogue car accident lawyer can determine the value of your head injury and then fight to get you as much compensation as possible. To begin discussing your case, contact our Queens personal injury attorneys as soon as possible.
What’s the Average Wait for a Head Injury Payout in New York?
Settlement talks for head injuries may take weeks, months, or even longer. Even when victims have strong cases, the other side might refuse to increase offers, in which case we can go to trial.
How long you have to wait for a payout depends on each side’s willingness to settle. As the victim, you shouldn’t have to compromise much, and we can reject unfair offers. The first few proposals are generally low in case victims accept. If a payout is accepted, the claim ends, and the victim may not seek additional damages.
As you wait for compensation, your medical expenses, lost wages, and other damages may keep growing. If you can’t work, are struggling to cover bills, and negotiations have stalled, you can go to court. The liable party may want to avoid court and offer a bigger settlement to do so.
A trial may only take several weeks. During the trial, we will present our evidence and arguments. We will show how the defendant caused your head injury, and we will prove your damages from it. Then, instead of both sides agreeing on a settlement, the jury awards compensation.
What Medical Bills Should My Head Injury Settlement Cover?
Your settlement should cover all medical bills, no matter how expensive. Head injuries range from concussions to skull fractures, but all require some medical assessment.
Go to the hospital if you hit your head in a car crash, slip and fall, construction accident, or another incident. The injury might be worse than you thought, and doctors can catch and treat it.
The payout you receive should cover any emergency room visits, physical assessments, MRIs, CT scans, and other diagnostic tests. You may need emergency surgery for a skull fracture or brain bleed, and your lawsuit can cover those costs.
Some traumatic brain injuries require round-the-clock observation, and victims need to stay in the hospital for days or weeks. Settlements should cover extended hospital stays, too.
You may be referred to a neurologist for long-term care and subsequent procedures. Take referrals seriously and continue your treatment with a neurologist if necessary.
Payouts can also cover future medical damages. Many head and brain injuries require years of medical care. Your doctors can give statements about future procedures and therapies, helping us estimate the cost.
Do Payouts for Head Injuries Cover Lost Wages in New York?
A concussion might stop you from working for weeks, while a permanent brain injury might alter your income forever. A head injury payout should cover lost wages, and we can calculate these damages.
Tax returns, pay stubs, and other financial records tell us your income before the accident. Medical records confirm you can’t work because of the accident, as do physician statements.
Some victims can never work again after head injuries. We will ensure payouts accurately reflect your total damages, including future lost wages. If they do not, we can reject offers and negotiate for more.
What Influences Damages for Head Injuries in New York?
How much you can expect from a payout or settlement for a head injury hinges on multiple elements in your unique case. Our lawyers will consider the defendant’s conduct, the severity of your injury, and your “non-economic” damages when calculating your deserved settlement.
How the Injury Happened
We must take into consideration how the injury happened. Were you in a car accident? Was the accident a hit-and-run? Did scaffolding collapse at work on a construction site? Did the defendant intentionally cause your injury? The answers to these questions and others will significantly impact the potential payout from your case.
The defendant’s behavior may also influence the value of the case. Punitive damages are awarded to punish the defendant and deter future wrongdoing. They are awarded in addition to compensatory damages that cover things like medical bills and lost wages. Together, punitive and compensatory damages can add up to a very large sum.
When defendants act with extreme negligence or recklessness or show a wanton disregard for the lives and safety of others, punitive damages may be available. If a defendant’s actions were particularly egregious, punitive damages might be quite high. New York doesn’t cap punitive damages, so juries can award large amounts when cases go to trial.
Talk to our Bronx personal injury lawyers about the possibility of punitive damages in your case. If they’re available, we may use that to get a bigger out-of-court settlement if you also want to avoid a trial.
Severity of the Head Injury
The severity of your head injury will directly impact your possible payout or settlement. In short, the more serious your head injury, the more money you may receive.
A more serious head injury usually means more expensive medical bills and other economic damages. A traumatic brain injury is also more likely to cause a plaintiff to miss work or lose their job. Lost wages and lost future wages both drive up the value of your claim.
Other long-term effects from a more serious head injury also warrant compensation. For example, a head injury might cause recurring headaches or memory problems that interfere with a plaintiff’s daily life. Long-term complications from a more serious head injury will often lead to more medical bills and more compensation. If your head injury was especially severe, call our Long Island personal injury attorneys for help.
Plaintiff’s Pain and Suffering
Pain and suffering are part of your non-economic damages. These damages are more subjective and do not come with a fixed price or value like a hospital bill. Instead, pain and suffering damages are based on the individual experiences of the plaintiff. If your head injury is extremely painful and requires many difficult surgeries, you may claim more non-economic damages.
When considering damages for pain and suffering, you may include both physical and mental pain. Not only can physical injuries take a toll on your body, but the trauma from the accident may also take a serious emotional toll.
While you can get non-economic damages from a settlement, they don’t come easily. Let our lawyers assert your pain and suffering damages during negotiations and review settlements to see if they are fair. New York does not cap non-economic damages from jury awards, so you may recover more if you go to trial.
What Evidence Can I Use to Get a Bigger Payout for a Head Injury?
Leveraging strong evidence can yield a bigger payout for a head injury. Contact us as soon as possible after an accident so we can preserve evidence for your case.
Eyewitnesses’ memories fade with time, so we will interview them immediately. Witnesses may testify during trials, and defendants may give bigger out-of-court settlements to avoid that.
Video evidence also helps victims get larger payouts. We may get footage from eyewitnesses, doorbell cameras, surveillance cameras, dashboard cameras, and other sources.
We need medical evidence of your head injury, so do not stop going to doctor appointments. While medical treatments can be overwhelming, not prioritizing your physical health could hurt your claim. If your head injury worsens, the defendant might refuse to cover additional medical damages in a settlement.
Our lawyers may use other evidence to leverage bigger payouts for head injuries, like expert witnesses. We can arrange all evidence into a coherent and compelling case so we’re ready for settlement negotiations when the time comes.
Call Our New York Head Injury Attorneys
Call (718) 841-0083 for a free case analysis from The Carrion Law Firm’s New York personal injury attorneys.