What Is the Potential Case Value of a Traumatic Brain Injury?
Medical chart review is an important step when evaluating a traumatic brain injury (TBI). Read about how the potential value of a TBI case is calculated.
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When a claim is brought for traumatic brain injury, the plaintiff’s entire medical history including physical and psychological history, will be subject to discovery and review by the plaintiff’s lawyer as well as the defense counsel, and the insurance companies. Attorneys on both sides utilize the service of a medical record review company to review the relevant medical records and identify the medical aspects of the case. Though no compensation can be sufficient for the losses a person may experience due to a traumatic brain injury (TBI), a fair compensation can to some extent lighten the financial burden the victim carries from medical expenses, lost wages, and other costs associated with the injury. Brain injuries are usually caused by falls, motorcycle/sports accidents, car crashes, assaults, near drowning and lack of oxygen supply to the brain. TBIs may result in physical challenges, cognitive changes, and also have emotional impacts. Memory loss, impaired judgement, blurred vision, mood swings, and depression are among the major concerns that a brain injury can cause. How Is a TBI Evaluated? When it comes to calculating the value of or compensation available for a traumatic brain injury, an attorney would consider different factors to arrive at a fair and accurate amount of compensation the plaintiff may be entitled to. Since the severity of the injury varies, each case is unique and may be eligible for a different amount of compensation. The factors that are given weight when calculating the value of the TBI case include the following. Medical costs (past and future) Lost wages Costs of a caregiver Loss of ability to earn an income Pain and suffering
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Total or partial disability Physical, emotional, cognitive and behavioural impacts of the TBI A TBI victim may be eligible for punitive damages in cases where the at-fault party’s behaviour was very negligent, reckless or malicious. Punitive damages are only rarely awarded, and their prime intention is to serve as monetary punishment for the at-fault party so that he/she will not indulge in such behaviour in the future. The plaintiff must understand that any damage award could be reduced if he/she is found to be partially at fault for the injury. TBI Victims Could Benefit from the Services of an Attorney To ensure their case is properly valued, TBI victims should work with an experienced attorney. A skilled attorney understands the severity of such an injury and how it will affect the victim’s life. He/she clearly knows which information/evidence can be used to support the TBI claim effectively. The attorney will: Evaluate the victim’s medical records to assess the severity of the injury and how it has changed the victim’s life. Determine if the victim requires additional treatment/medical care in the future. Interview the victim’s friends, co-workers, and family members to find out how the TBI has impacted the victim’s life Examine how the TBI has impacted the victim’s ability to work and how it may affect his/her future ability to earn an income. The evidence gathered from the above investigations will be used to assess the TBI claim and reach an accurate estimation of the compensation due to the victim.
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Victims who have suffered a traumatic brain injury would therefore surely benefit from having an experienced attorney to represent them. A good attorney will thoroughly evaluate the case; perform a comprehensive medical chart review with the help of a medical review company, determine what the case may be worth at trial and make sure that the insurance company treats the plaintiff fairly. In case the insurer refuses to provide a fair compensation, the lawyer will file a lawsuit on the plaintiff’s behalf and work towards securing the full and fair value of the TBI claim.
Disclaimer: The information in the above article has been sourced from various reliable internet resources. It is not the opinion or inference of MOS (Managed Outsource Solutions) or any of its stakeholders. For professional legal counsel, contact an attorney.
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