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How Are Mild Traumatic Brain Injury Settlements Calculated?
Mild TBI settlements are calculated based on the monetary value of the damages you suffered. In personal injury cases, damages typically fall into 1 of 3 categories:
- Economic Damages: Losses that have a calculable monetary value, such as medical expenses, lost wages, or property damages.
- Non-Economic Damages: Intangible losses such as pain and suffering or loss of enjoyment of life.
- Punitive Damages: In cases of extreme negligence, punitive damages are awarded for the purpose of punishing the wrongdoer.
Additional Factors That Influence Mild TBI Settlement Amounts in AL
In addition to the damages you suffered, there are several factors that impact the final amounts for mild TBI settlements in Alabama, including:
- Liability: Alabama’s contributory negligence rule means that if the injured party is found even slightly at fault, they may not seek compensation.
- Duration of Symptoms: Prolonged symptoms like headaches, memory issues, and dizziness can increase settlement amounts, as they can require ongoing medical treatment.
- Insurance Policy Limits: The at-fault party’s insurance coverage can cap the maximum settlement available.
While there is no TBI settlement calculator to tell you exactly how much compensation you’re entitled to, a traumatic brain injury lawyer can investigate the specific circumstances of your case and estimate the value of a fair settlement. They can then work to build a case to get you as much compensation as possible. Learn what your case could be worth with a free case review from Long & Long Injury Attorneys.
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How to Get the Most Money From a Mild TBI Settlement
There are some key steps you can take after an accident to ensure your TBI symptoms and losses are thoroughly documented, which can help your attorney make a stronger argument for the maximum settlement. These steps include:
- Seeking immediate and continuous medical treatment
- Keeping your own records of medical visits, treatments, and expenses
- Gathering evidence, such as accident reports, and witness statements and information
- Consulting with an experienced personal injury attorney
How an Attorney Can Help
A personal injury attorney plays a vital role in getting you the highest possible settlement. They can:
- Evaluate your case and estimate its potential value.
- Gather medical records, expert testimonies, and other evidence.
- Negotiate with insurance companies to ensure fair compensation.
- File a lawsuit if necessary to push for a higher settlement.
When you work with Long & Long Injury Attorneys, you get our team of skilled lawyers out fighting for you, as well as a dedicated ambassador to take care of your needs along the way. Get in touch with us to learn how our legal team can help you.
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FAQs
Symptoms of a mild traumatic brain injury include headaches, dizziness, nausea, confusion, memory issues, mood changes, and sensitivity to light or noise. Some symptoms may appear gradually over time.
It is best to contact a lawyer as soon as possible after sustaining a TBI. Alabama has a strict statute of limitations for personal injury cases, generally 2 years from the date of injury. If you fail to file a claim within this period, you may lose the right to seek compensation.
If your loved one is incapacitated and unable to file a claim, their legal guardian, power of attorney, or personal representative can pursue compensation on their behalf. A lawyer will be able to offer more specific guidance once they know the details of your loved one’s situation.
Many mild TBI claims are settled out of court through negotiations. However, if the insurance company refuses a fair settlement, your attorney may advise taking the case to trial. If this happens, don’t worry. Our attorneys are well-equipped to represent you in court and skillfully argue your case.
A Skilled Attorney Is Ready to Fight for You
If you or a loved one has suffered a mild traumatic brain injury due to someone else’s negligence, Long & Long Injury Attorneys can help you navigate the legal process and fight to secure the compensation you deserve. We’ve got over 200 years of combined experience defending TBI victims in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, and throughout Alabama. We know what it takes to win your case and get you the best settlement possible. Contact us today to get started.