Head injuries can be serious, and you may be entitled to significant financial compensation. Many injury cases end with settlements rather than trials, and you should hire an experienced lawyer to help you get a good settlement. Exactly what constitutes a good settlement will vary from case to case and can be difficult to determine.
A good settlement for a head injury will largely be based on the severity of the injury and how it affects your life. Head injuries can be severe, especially traumatic brain injuries (TBIs). In such cases, a good settlement should be large to reflect the magnitude of your injury and suffering. Other considerations include the cost of current medical care and the potential costs of future care. We must also consider how your injury affects your ability to continue working and earning a living. Your attorney should be able to effectively negotiate the settlement while advocating for your rights and best interests.
Contact our New Jersey personal injury lawyers with Agrapidis & Maroules for a free case assessment by calling (201) 777-1111.
What is Considered a Good Settlement for Head Injuries?
What makes a “good settlement” may vary from case to case. If you are interested in a settlement, you should consider some important factors.
Is it Enough for Your Costs?
First, consider whether the settlement is enough to cover your costs. You may have some immediate costs that must be paid as soon as possible. Often, plaintiffs with head injuries have high medical bills, and a good settlement should cover these costs.
Does it Provide Justice?
Next, determine whether the settlement provides closure and a sense of justice. Many take legal action because they want justice for what happened to them. If you feel that the settlement is fair and just, it may be a good one. If not, you may continue to negotiate or take your head injury claims to court.
Do You Approve?
Finally, are you okay with the settlement? Even if the settlement adequately covers your damages, you might have your own reasons for not accepting it. It is ultimately up to you to decide whether the settlement is good or if you should pursue a full trial in court.
Factors That May Determine a Good Settlement for Head Injuries in New Jersey
A good settlement will look different in each case, and certain factors about your case may influence whether a settlement is good or bad.
Severity of the Injury
Head injuries can be quite serious, and the more severe your injury is, the greater the settlement should be. In severe cases, a head injury may be considered a traumatic brain injury (TBI). Such an injury could have lifelong consequences and leave victims with serious cognitive limitations.
We should also consider the long-term effects of a head injury. If you are likely to live with complications for a long time, a settlement should be much higher.
Medical Costs
Head injuries are notoriously expensive to treat, and you might be dealing with very high medical bills. Not only that, but you might continue to deal with medical costs for some time if your injury comes with long-term complications.
A good settlement should account for current and future medical costs. Our Elizabeth, NJ personal injury lawyers may need to consult with your doctors about your prognosis to determine the likely medical costs you will incur in the future.
Your Ability to Work
Head and brain injuries can have devastating effects on victims, and many are unable to continue working. You might rely on friends or family members to help care for you all while dealing with expensive medical treatment. A good settlement should account for the income you have lost from being unable to work. The longer you cannot work – possibly for the rest of your life – the greater your settlement should be.
Damages to Consider in a Settlement for a Head Injury
Before engaging in settlement negotiations, we must have a clear understanding of the full extent of your damages.
Your economic damages represent how your head injury has cost you money. This may include hospital bills, lost income and wages, the cost of a home health aide or caregiver, and possibly additional expenses. The more severe your head injury is, the higher these costs are likely to be.
We must also consider your non-economic damages. Painful personal experiences may be worth substantial compensation. Head injuries may be extremely painful. If your brain is damaged, you may live with cognitive disabilities that make living independently hard or impossible, which can be very emotionally devastating.
If your claims are eligible for punitive damages, we may be able to negotiate for a greater settlement. Generally, punitive damages are only available through a trial, and they are not easily obtained. However, if you have strong claims for significant punitive damages, the defendant may be more willing to offer a higher settlement to avoid losing in court.
How to Negotiate a Good Settlement for a Head Injury in New Jersey
Negotiation skills are key to getting a good settlement that adequately covers your costs and damages. You and your lawyer should know the facts and evidence of your case inside and out. If there is any question as to the facts of the case, you risk missing out on compensation in a settlement.
We must also understand the likely outcome of a trial. If you are more likely to win at trial, you can use this as leverage during settlement negotiations. If the defendant still refuses to offer a good settlement, we can go to trial, where you will get a better damages award in court.
What Happens if I Cannot Reach a Good Settlement for a Head Injury?
If a good settlement is not possible, the next step is to prepare for a full trial in a court of law. Often, plaintiffs file their claims in court to initiate the trial process before engaging in settlement negotiations. This way, if settlement talks break down, the case is already in court, and we can immediately pivot to a trial.
If you have not yet filed your case in court, we must be mindful of the statute of limitations. According to N.J.S.A. § 2A:14-2(a), plaintiffs with personal injuries, like head injuries, have 2 years to file their cases.
How an Attorney Can Help You Get a Good Settlement for Your Head Injury Claims
Your attorney should be able to help you get a good settlement by utilizing their negotiation skills. An experienced attorney should know a bad settlement when they see one, and they can help you leverage your evidence to get a better offer.
Speaking of evidence, your lawyer should know how to gather the strongest evidence possible. For head injury cases, medical records and testimony from doctors may be paramount to your case.
Contact Our New Jersey Personal Injury Attorneys for Legal Support
Contact our Springfield, NJ personal injury lawyers with Agrapidis & Maroules for a free case assessment by calling (201) 777-1111.