A head injury can be devastating and can leave a life permanently changed. For some, it can mean a long road to recovery, expensive medical bills, and emotional grief. Whether you were in a traffic accident or fell and hit your head, a head injury can cause long-lasting and sometimes permanent damage to the brain.
That’s why if you or a loved one have suffered a head injury due to someone else’s negligence, you may be wondering: What are my options? What steps should I take? And more importantly, how much is my head injury claim worth?
What Causes a Head Injury
Traffic accidents, workplace accidents, falls, assaults, and medical malpractice are among the leading causes of head injuries caused by negligence.
Head injuries are also frighteningly common. In fact, the U.S. saw more than 60,000 traumatic brain injury-related deaths in 2019, according to the Centers for Disease Control and Prevention. That’s about 166 deaths each day.
Types Of Damages That Head Injuries Can Cause
A head injury can range in severity –– from relatively minor to severe and life-threatening. Regardless of severity, any type of head injury can potentially impact the quality of your life.
Some common consequences to those include:
- Chronic pain
- Difficulty thinking or concentrating
- Loss of senses, including vision, touch, and smell
- Difficulty balancing
- Paralysis
- Difficulties speaking
- Depression
- Difficulties walking
- Mood and personality changes
- Death
A traumatic brain injury (TBI) may involve huge medical bills since treatments can be expensive and sometimes necessary for the rest of a person’s life. It is one of the common causes of disabilities in children and adults.
Damages that impact how much your claim is worth
When you prove another party is liable in a personal injury case in Texas, you can seek payment for two types of damages: Economic and non-economic damages.
Economic damages, or tangible damages, can often be simply calculated for a head injury claim. They include recouping the costs of present and future medical bills, rehabilitation, lost wages (including your ability to earn future wages), expenses involved due to a death, property damage, and more.
Non-economic damages are a little more tricky to assign a dollar amount to. They are generally subjective compared to economic damages and often up to a judge or jury to evaluate.
Some common examples of non-economic damages you may seek in a head injury case include pain, suffering, loss of enjoyment in life and activities, disfigurement, and disability. A spouse may also be entitled to compensation for a type of non-economic damages known as loss of consortium.
Some examples of damages a spouse can file in these claims include compensation for helping raise children, help with household chores, changes to a sexual relationship, as well as pain, suffering, and emotional distress.
What is the Value of my Head Injury Claim?
It’s difficult to determine the exact amount of compensation you can receive following a head injury. There is no “average” value for head injury claims because most are cases settled out of court. However, a successful head injury claim can range from a few thousand dollars to millions in our experience.
Compensation for a head injury can vary depending on the severity of the injury, cost of damages, and other factors. Some head injuries can be more severe than others and courts may decide to take and omit damages a person is seeking.
Punitive damages in a Head Injury Claim
Along with economic and non-economic damages, a court may also take punitive action if the responsible party was grossly negligent. These are referred to as punitive damages.
Texas puts caps on punitive damages in personal injury cases. For example, an award for such damages cannot exceed an amount greater or equal to twice the amount of economic damages, as well as the amount of non-economic damages.
For example, if you are awarded $250,000 in economic damages and $200,000 in non-economic damages, a court can award you a maximum of $700,000 ($250,000 doubled, plus $200,000).
So, In total, you would receive $1.15 million before legal fees in this scenario. This is how a head injury claim can add up to six- and seven-figure settlements and awards.
But because of the cap on punitive damages in Texas, if a court awarded you $500,0000 in economic damages but only a few thousand dollars in non-economic damages, then you would only receive $750,000.
Although your lawyer can make a case that punitive damages may be necessary, they are often at the discretion of a judge or Jury. In Texas, there is also a high bar in proving a case warrants punitive action.
When Do You Need A Legal Professional For a Head Injury Claim?
If you or a loved one suffered a head injury due to someone else’s negligence, then hiring a lawyer can help guide you through the legal process so you can receive full and fair compensation.
Our compassionate and caring team of San Antonio personal injury attorneys at Khattar Law, PC have years of experience helping head injury victims file successful claims against negligent parties.
Whether it was a traffic accident, doctor, or workplace accident that caused your head injury, we will fight to help you receive full and fair compensation.