There is no average settlement for a brain injury case. How much you receive depends on the unique details of your case. The severity of your injuries, strength of evidence, and state negligence law are just some of the factors that impact the value of your claim.
Working with an experienced Milwaukee brain injury lawyer increases the likelihood of you recovering more than the average settlement amount. After reviewing the details of your case, our team can determine what amount you can expect to recover. We want to help rebuild your life after the tragic accident.
Factors that Influence the Settlement for a Brain Injury
A brain injury can have life-altering consequences, affecting your health, finances, and overall quality of life. If you or a loved one has suffered a brain injury due to someone else’s negligence, securing fair compensation is crucial for rebuilding your life.
Severity of the Injury
More serious injuries often require extensive medical treatment, long-term care, and rehabilitation, which increases the amount of compensation needed. If your injury leads to permanent disability, cognitive impairments, or loss of independence, your settlement may also include damages for future medical expenses, lost earning potential, and reduced quality of life.
Mild traumatic brain injuries (TBIs), such as concussions, may result in lower settlements if they heal quickly with minimal long-term effects. However, moderate to severe TBIs often require ongoing medical care, impacting your ability to work and live as you did before the injury.
Strength of Evidence
The more solid and well-documented your evidence is, the harder it is for insurance companies to dispute your claim. A skilled brain injury lawyer will gather and present this evidence effectively, increasing your chances of securing the maximum settlement possible.
Types of evidence to strengthen your brain injury case include:
- Medical records and diagnostic tests (MRI, CT scans)
- Doctor’s reports and treatment plans
- Witness statements
- Surveillance or dashcam footage
- Photos of the accident scene and injuries
- Expert testimony from medical professionals
- Accident reconstruction analysis
- Employment records and lost wage documentation
- Journals documenting symptoms and daily struggles
- Bills and receipts for medical expenses and rehabilitation
The sooner you call a lawyer, the more time they can spend on your case. Also, they can have access to fresh evidence at the accident scene. In time, physical evidence can get lost or damaged and witnesses may forget important details.
State Negligence Laws
Many states follow comparative negligence laws, meaning your compensation may be reduced if you are found partially at fault for the accident. For example, if you are 20% responsible for the accident, your settlement may be reduced by 20%.
Some states have modified comparative negligence rules, which prevent you from recovering damages if you are more than 50% or 51% at fault. For example, in Wisconsin, you can no longer get compensation if you were 51% or more at fault for the accident, according to Wis. Stat. § 895.045(1).
Other states use contributory negligence laws, which are much stricter. In these states, if you are even 1% at fault for the accident, you may not be able to recover any compensation at all.
For a free legal consultation, call 414-276-6666
A Brain Injury Lawyer Can Increase the Value of Your Claim
Your attorney can handle all the legal aspects of your case. With the right legal representation, you can focus on recovery while your lawyer fights for the compensation you deserve to move forward.
A brain injury attorney can increase the value of your brain injury settlement by:
- Gathering strong medical evidence
- Consulting expert witnesses
- Calculating full damages, including future costs
- Negotiating with insurance companies
- Proving liability
- Demonstrating long-term impact on quality of life
- Filing a lawsuit if necessary
- Countering lowball settlement offers
Taking legal action can feel overwhelming, especially when you’re dealing with a severe injury. An experienced brain injury lawyer will handle the complex legal work for you. They will stand by your side, explain your rights, and fight to secure the fair settlement you deserve.
What You Can Do for a Fair Brain Injury Settlement Amount
How you react right after the accident that caused your brain injury can impact the value of your claim. Depending on the severity of your injury, you may need immediate medical attention, which should always be your top priority. Seeking medical care not only protects your health but also creates crucial records that support your claim.
To protect the value of your brain injury claim take the following steps:
- Seek immediate medical attention
- Follow all medical advice and treatment plans
- Document your symptoms and recovery process
- Keep records of medical bills and expenses
- Obtain witness statements and contact information
- Report the incident to the appropriate authorities
- Do not post anything about the case on social media
- Do not discuss your case with insurance adjusters
- Do not accept a quick settlement offer
Taking the right steps early on can strengthen your case and help you secure the full compensation you deserve. An experienced local brain injury attorney will compassionately guide you through the legal process.
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Work with an Experienced Brain Injury Lawyer to Get a Higher Settlement
At Gruber Law Offices, we have been helping injury victims reclaim their lives since 1984. Based in Milwaukee, our law firm is dedicated to supporting communities across Wisconsin. Our personal injury law firm has a powerful team of over 130 professionals, giving us the resources to take on insurance companies immediately.
We work on a contingency fee basis, which means you pay nothing upfront; no fees or costs until we win your case. We also offer a 100% free consultation, so you can discuss your case with an experienced attorney at no cost or obligation. One Call…That’s All!
Call or text 414-276-6666 or complete a Free Case Evaluation form
