How is the value of a brain injury claim determined?

The value of a brain injury claim is determined by the amount of damages suffered by the injured party. Damages can include economic damages, such as medical expenses, lost wages, and pain and suffering, as well as non-economic damages, such as emotional distress and the inability to enjoy life as before the injury. Economic damages are measurable, and are typically easier to calculate. Non-economic damages, on the other hand, are more difficult to assign a dollar value to, as they are subjective and less tangible. In Washington, the value of a brain injury claim is often determined by a set of statutory standards, as established by the Washington legislature. These standards can include the degree of the injury, the effect the injury has had on the victim’s life, the amount of medical costs incurred, and the future costs associated with the injury. The court or jury may also consider the amount of insurance coverage available, as well as the amount of liability insurance held by any at-fault parties. For example, if the defendant was fully insured, the court or jury might award more damages than if the defendant had no insurance or only minimal coverage. In addition, the court or jury may take into consideration the amount of “punitive” damages. Punitive damages are awarded to punish wrongdoers and discourage similar behavior in the future, and can significantly increase the value of a brain injury claim. Finally, the claimant’s attorney is often able to negotiate a higher settlement based on the strength of their case and the defendant’s financial situation.

Related FAQs

What if the injured party was partially at fault for the accident?
Are mental damages covered in a brain injury lawsuit?
Are there any alternative treatments for brain injuries?
Are there any support services available to people with a brain injury?
How do I choose the best brain injury lawyer?
What if a pre-existing condition is aggravated by a brain injury?
Are family members able to file a brain injury lawsuit on behalf of an injured person?
What is “pain and suffering” compensation in a brain injury case?
What is the difference between a settlement and a verdict in a brain injury case?
What is the difference between a traumatic and an acquired brain injury?

How is the value of a brain injury claim determined?

Related FAQs

Related Blog Posts