The amount of compensation you should expect for a brain injury case depends on the circumstances of the accident, the extent of your injuries, and the amount of financial loss you experienced.
How to Determine Your Case Value in a Brain Injury Case
Although it’s impossible to put an exact figure on the amount of compensation you can expect for a brain injury case, there are expenses and financial losses you may be able to claim such as:
The medical treatment you received for your personal injury may have been extensive and beyond your ability to pay. Therefore, you incurred the following debt or out-of-pocket expenses:
● Emergency room care
● Intensive care unit
● Hospital stay
● Surgical procedures
● Physical therapy or rehabilitation
● Medication or medical devices
● In-home care
Inability to Work
You are disabled and no longer have the ability to draw an income. As a result, you lost pay and benefits or are no longer eligible for retirement. Your disability checks may not be enough to cover your monthly expenses.
In addition to your economic damages, your brain injury may also have caused you to lose the overall quality of your life such as loss of consortium, substandard living, depression, severe pain and suffering, and loss of joy of living.
Establishing the Circumstances of Your Accident
The value of your case may also be based on who caused the accident and how the other party’s actions or negligence directly led to your injuries. To file a claim against the at-fault party, you will need to establish fault and liability, as well as the circumstances of the accident.
In a personal injury case, you will typically file a claim against the liable party’s insurance company. An insurance adjuster will assess the circumstances of your accident to determine if you have a case. The validity of your claim will depend on certain factors.
Some determining factors may include:
The evidence you gather will be the most crucial component in proving your case. The types of evidence an insurance adjuster may consider may include:
● Medical documents such as bills, reports, and diagnosis
● Witnesses who were present at the scene
● Medical experts or accident experts
● Footage of the accident captured on a camera or video
● The injuries you sustained
● Accident reports
● Any statements provided by the at-fault party
The Type of Accident You Were In
How the accident occurred will also play a role in determining the value of your case. For example, were you involved in any of these accidents?
● Medical malpractice
● Vehicular negligence
● Athletic competition
● Pedestrian vs. driver
● Slip and fall
● Commercial bus or truck
If you suffered a brain injury from these or similar accidents, you may be able to file a claim again the at-fault party and recover your financial losses and other damages.
The Statute of Limitations in Minnesota
According to Minnesota Statutes section 541.07, you have six years to file a personal injury claim. If you fail to file the claim within six years, you may no longer be eligible to present your case and get compensation for your losses.
Contact a Brain Injury Attorney in Minnesota Today
If you need legal assistance for your brain injury case, contact JD Haas & Associates, PLLC today. We provide legal services for personal injury victims.