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Damage Claims for a Head Injury: Settlement or a Lawsuit?

Jan 26, 2016 | Personal Injury, Personal Injury FAQs, Workers' Compensation

A head injury can be as trivial as a tiny bump or as serious as an excessive internal hemorrhage leading to brain damage. The brain damage from a head injury can have terrible consequences like complete behavioral changes, memory loss, or abnormalities that hinder your daily life.

When you suffer a reasonably serious head injury in the state of New York, you have the choice of a settlement to save the time and trouble associated with litigation, or filing a personal injury case against the guilty party to legally recover the damages. Though if you choose the former you are probably costing yourself some serious money and not settling for the amount that you deserve.

Types of damages associated with head injuries in New York

Punitive damages, usually awarded in a trial, are not usually factored in to a settlement

Punitive damages, usually awarded in a trial, are not usually factored in to a settlement

In a head injury case, the damages that you can usually claim are of two types:

Type 1: General damages, which cannot be determined by a financial value but point more towards the pain and suffering, mental and emotional anguish, loss of reputation, loss of social capabilities, and loss of relationships.

Type 2: This type comprises the special damages, which can be determined by a financial value like past and future medical expenses, loss of earning capacity, lost income, or property damages. To calculate the total worth of this type of damages, you will be required to submit all relevant bills, receipts, income documents, prescriptions, diagnostic test results, and so on to your personal injury attorney.

Damage claims for a head injury: The settlement option

If you decide to save yourself the trouble of fling a legal case against the defendant following a head injury incident in New York, then these are the issues you need to discuss with your personal injury attorney for a possible settlement:

  1. Get in touch with a fabulous personal injury law firm in New York and discuss the merits of your case as soon as possible. If you are too ill to visit the law firm, then ensure that the representatives of the law firm visit you at the hospital at your home.
  2. Determine with your attorney’s help whether you have enough conclusive evidence to prove that the defendant was clearly at fault.
  3. If the defendant was clearly at fault, then settlement is a good option resulting in high settlements.
  4. If the “guilt” of the defendant cannot be clearly established, then consult with your legal representative whether it is better open the window for a trial.
  5. If multiple guilty parties are involved where distinct insurers represent distinct parties, then will you and your attorney be willing to go through the complications involved in getting the damage recovery from multiple parties in case of a settlement?
  6. Punitive damages, usually awarded in a trial, are not usually factored in to a settlement. However, you could use the potential punitive damages as a means to influence any adjustments made to the value of the general and special damages during a settlement.

Damage claims for a head injury: The trial option

If you and your personal injury attorney in New York decide to take the damage claims to a trial, then this is what you be required to do:

  1. Gather all the relevant evidence like police records, eye-witness accounts, medical reports, diagnostic lab reports, bills, receipts, earnings statements, or whatever else you need to build your personal injury case.
  2. You also need to help the legal team investigate the injury incident independently if needed.
  3. You need to aid the legal team calculate the values of your general and special damages

The damages that you are likely to recover are past medical expenses, projected future medical expenses, lost income, lost earning capacity, disfigurement or physical impairment, punitive damages, pain and suffering, and lost social relationships. In other words, if your entire lifestyle has been altered due to the head injury, then you ought to be compensated for the entire loss.

You need to call this number: 212 697 9280  

If you recently suffered a head injury leading to serious physical and emotional damages, then immediately contact a solid and known personal injury law firm in New York such as Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212 697 9280.

We know how to win cases. We have a string of clients who are in a much better financial position right now because of our representation. It is not luck, we know what it takes to win.