Brain Injury Settlements

Brain Injury Settlements

The brain controls everything we do and who we are. That’s why a cerebral injury is so frightening and debilitating. Brain trauma can impact speech, motor function, memory, behavior, and more. This often means expensive therapies and treatments that take you away from work and the ones you love. Getting a settlement means being able to afford to survive when a brain injury affects you or a loved one, and having a competent attorney means getting awards that are three times higher, on average, than when you fight alone.

What Is a Settlement?

A settlement is an agreement two parties make to resolve a legal conflict without a judgment. This helps both of them avoid the costly process of going to trial. This also allows the parties to negotiate the terms to settle a lawsuit rather than a judge or jury deciding on an award. With a good attorney on your side, this can work to your advantage.

How Long Do Settlements Take?

There’s no hard and fast rule for how long a settlement will take. There are several variables that affect that length of time, including the cooperativeness of the other party, the strength of your case, and your willingness to accept negotiated sums. A settlement will always be quicker than seeing a trial through to a ruling. Depending on your case, you may be eligible for a lump-sum settlement, where you get all your money at once, or a structured settlement, in which you receive payments over time.

How Much Do You Stand to Receive?

How much you stand to receive will depend on several factors. An experienced attorney knows that with brain injuries, there are usually unforeseen expenses that most clients don’t think about until it’s too late, and they are left holding the bag. Even settlements for mild brain trauma need to cover the lasting expenses of having a brain injury. Some factors that will affect the outcome of a settlement include:

  • The monetary expenses you need to cover
  • The policy limits of the defendant’s insurance
  • The monetary resources of the defendant
  • Whether you will be able to return to work

When you agree to a settlement, the court will issue a court order stipulating the final terms of the settlement, which may be modified by the judge.

How to Claim a Brain Injury Settlement

To be awarded a brain injury settlement, your cerebral trauma must be the fault of another party. This may be the result of a workplace accident, a motor vehicle collision, a slip-and-fall in a private business or residence, or a manufacturer defect in a product. It may even be a combination of those factors. To initiate the process of claiming a settlement, you must first file a civil suit or tort alleging monetary damages. Then the defendant must be willing to negotiate terms of a settlement to avoid a trial. There are many reasons a defendant may want to avoid trial, including saving on lawyer fees and avoiding the public scrutiny of a trail, since court dates and their records are open to the public.

Sometimes you may be eligible to collect a preexisting settlement. When a manufacturer makes a product with a defect, for example, many consumers may be negatively impacted in the same way and constitute an aggrieved segment of the population. In this case, a lawyer, or team or lawyers, will represent a collection of plaintiffs, known as a class, to negotiate terms for a class action settlement. The award amount is often negotiated for you, and all you have to do is prove that you are part of the aggrieved class to claim your portion of the settlement.

File Your Claim Today

If you or a loved one has been the victim of a brain injury, is here to help. We have won over $5 billion in damages, and we’re ready to fight for you. Our team will work tirelessly to recover compensation for medical bills, lost wages, death benefits, and job retraining, as well as for pain and suffering. A brain injury can completely upend your life, so get started securing the support you need by filling out a free case evaluation.