How Much Will I Get for Pain and Suffering After a TBI?
How Much Will I Get for Pain and Suffering After a TBI

How Much Will I Get for Pain and Suffering After a TBI?

When you have suffered a brain injury, there is a significant chance that you may never be the same again, and there will be several effects on your life that are immeasurable. The issue is that you must reduce everything to money in a personal injury case. Even if it is something you feel physically, as opposed to an economic loss, it still needs to be quantified to receive total compensation for your injuries.

Knowing how much you may be due in pain and suffering damages is virtually impossible. You may not even know that this class of damages exists, let alone how to quantify how much you should get. You will only know how much your claim is worth after you hire an experienced traumatic brain injury lawyer in Johnstown. If you trust the insurance company to do the right thing, you will have far less money than you deserve. Your attorney will keep the insurance company honest and keep it from walking all over you in the lawsuit or claims process.

An attorney can assess the details of your situation, gather evidence, and build a strong case on your behalf. They will work to negotiate with insurance companies and fight for the compensation you deserve. By enlisting a skilled brain injury attorney’s help, you can confidently navigate the complex legal process, knowing they protect your rights.

How Insurance Companies Calculates Pain and Suffering

In most cases, insurance companies will use the multiplier method to come up with what they believe pain and suffering damages to be after you have suffered a brain injury. They use this method when you have suffered an injury that will cause issues far into the future or may never even heal at all.

The multiplier method begins with knowing your past and future medical costs. While it may be challenging to know how much your care may cost in the future, it is what you need to know when you file any personal injury claim. Your brain injury lawyer can work with medical experts to understand the level of care that you will need, including rehabilitation and surgical procedures.

Insurance companies may select a number by which to multiply your medical expenses. Usually, this number is between one and five. The number will be closer to one if you have suffered something like a fracture or soft tissue injury. If your injury is more severe, like a brain or spinal cord injury, the multiplier is higher; many brain injuries have a multiplier of five.

Why the Insurance Company’s Methods Often Shortchange You

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Still, the multiplier method is flawed for many reasons. First, no one-size-fits-all accident victim exists in a personal injury case. Everything depends on you and your unique situation. There is nothing to say that there should even be a cap on your pain and suffering that the use of the multiplier suggests. Your pain and suffering can be even more significant, depending on the scope and extent of your injuries.

You may also have differing views over the amount of your medical bills. Insurance companies may underestimate the severity of your injury, so there is a lower base number to multiply your damages. Sometimes, the insurance company’s doctors may have reviewed your documents and downplayed your damages to save money. However, your records and doctor may tell a different story.

How Your Lawyer Calculates Your Pain and Suffering

Your lawyer will do their homework to calculate your damages, and this work will bring you and your situation back into the equation. They will consider things like:

  • The life that you were living before your injury
  • Humiliation and embarrassment
  • Whether there is any scarring and disfigurement
  • How much of your function you have lost
  • Whether you are suffering from anxiety and depression

Only after your lawyer analyzes all these factors will they know how much you may deserve in pain and suffering damages. Of course, pain and suffering damages are subjective and focus on your unique circumstances. Insurance companies want to take subjectivity out of the equation because they know that considering your situation means they must pay you more. Your lawyer’s job is to ensure the insurance company does not lose sight of you.

Your Pain and Suffering Damages Can Be Considerable

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Pain and suffering can be a large part of your brain injury compensation, and it may even be the most significant element of your settlement check. Brain injury medical costs can top $1 million, and that is just in the first year after your injury. Often, medical bills are several million dollars over the rest of your life, meaning that your pain and suffering damages can be many millions of dollars. Again, everything depends on the scope and extent of your injuries.

You Never Have to Accept a Settlement Offer

Remember that insurance companies sit across the table from you in settlement negotiations, and they do not get to “calculate” anything. Their role is to make an offer to settle your case, which you are under no obligation to accept. You and the insurance company negotiate a settlement, meaning your brain injury attorney also tells your story and makes it known. If the damages figure the insurance company proposes is insufficient, you can negotiate and hold out for more money. In the end, your damages should take into account your individual situation and what you are going through after a brain injury.

If the insurance company will not pay you what you deserve, you can take your case to trial. The jury is the entity that can decide how much you should get once it finds that the defendant is liable for the accident. Insurance companies can spare you from going to the jury by being reasonable but forcing them to get there may take some effort. Only an experienced brain injury attorney has a real chance at doing that.

Remember, the road to recovery after a traumatic brain injury can be challenging. However, seeking legal assistance can provide you with the support and resources you need to rebuild your life. Reach out to a trusted personal injury lawyer in Johnstown today to discuss your case and explore your options for pursuing compensation for your pain and suffering.

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Marcus & Mack
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Altoona PA   16601
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State College PA  16801
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Johnstown PA  15904
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