How Are TBI Settlements Calculated After a Florida Car Accident?
Traumatic brain injuries (TBIs) are among the most serious injuries people can sustain in car accidents. Any damage to the brain can result in significant challenges in your life. A TBI can cause physical, emotional, and financial difficulties. If you suffered a traumatic brain injury because of another party’s negligence, you may be eligible to recover compensation from the negligent party. Understanding how TBI settlements are calculated can help you assess your claim and work toward securing the compensation you deserve. Keep reading to learn how insurance companies, attorneys, and courts calculate TBI damages.
How Do Traumatic Brain Injuries Occur?
Before going into how TBI settlements are calculated after a Florida car accident, it is important first to understand how TBIs occur in car accidents. Often, TBIs result from a sudden jolt or impact to the head. For instance, a TBI can occur after you strike your head against the steering wheel or dashboard. TBIs can also occur when something sharp, such as broken glass, penetrates the skull and damages brain tissue.
While some symptoms of traumatic brain injuries may appear immediately after a car accident, others may appear after hours or even days. For this reason, it’s crucial to seek prompt medical attention after a car accident, even if you feel fine. Seeking prompt medical attention can ensure early diagnosis and timely treatment.
How Are TBI Settlements Calculated After a Florida Car Accident?
Traumatic brain injury settlements after a Florida car accident are calculated based on several key factors. First, economic damages play a significant role in determining how much a traumatic brain injury victim is entitled to. These include medical expenses, lost wages, and property damage. For such damages, insurance companies, attorneys, and courts simply add up bills, receipts, and estimates to derive a total dollar amount.
Second, non-economic damages are considered. These include pain and suffering, emotional distress, and loss of enjoyment of life. Calculating non-economic damages is more complex as these damages are subjective and don’t have a dollar amount. Usually, several factors, including the severity of the injury, the impact on the victim’s life, and the long-term effects on their well-being, are considered when calculating non-economic damages.
However, two mathematical methods are often used to calculate non-economic damages: the multiplier and the per diem methods. The first method involves assigning a multiplier based on the severity of the injury and multiplying the total economic damages with that multiplier. The second method assigns a daily rate for the victim’s pain and suffering, then multiples that rate by the number of days the effects of the injury last.
The following are other key factors that influence TBI settlements after a Florida car accident;
- Comparative negligence: If the victim is partially liable for their accident, their compensation may be reduced based on their percentage of fault.
- Insurance coverage: The at-fault party’s insurance policy limits can affect how much a victim can recover.
- Severity of injury: More severe or permanent injuries usually result in higher compensation.
Contact Us for Legal Help
Our skilled West Palm Beach personal injury attorneys at The Pendas Law Firm can help you recover the compensation you deserve for your traumatic brain injury. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Fort Myers, Fort Lauderdale, Daytona Beach, Bradenton, Tampa, Miami, Jacksonville, Naples, and Melbourne areas.
