Head Injury Claims: Compensation for Permanent Damage

Head injury claims can often result in the injured party being awarded a high amount of compensation. Because head injuries tend to affect the functioning of multiple parts of a person’s body and are difficult or impossible to treat, courts are receptive to compensation rewards that include permanent damage in their calculations.

Proving Permanent Damage

Unfortunately, proving that an injured party is permanently damaged requires extensive documentation and expert opinions. The party claiming permanent injury must show that the accident caused the head injury, that he underwent treatment or testing to determine the extent of his head injury and that it is believed that the damage will be permanent.

Furthermore, most courts and insurance companies will require proof that the permanent damage is an actual damage. This means that the injured party must have been affected in some way, such as by developing a scar or losing short term memory capabilities.

Compensation Amounts

Head injuries are serious and permanent head injuries can affect an individual’s quality of life. Possibly, a permanent injury will shorten the injured party’s life expectancy. Compensation amounts for permanent head injuries differ, but are commonly on the higher end of the scale. Typical amounts awarded for permanent head injuries range anywhere from $100,000 to millions of dollars.

To determine the amount of compensation, courts and juries will most likely first award the cost of medical payments and other associated costs from the time of the accident until the litigation. Next, the jury or court will consider the impact the permanent damage has on the individual’s quality of life. Through consulting a scale and prior case law in which compensation was awarded for permanent damage, the court and jury will value the permanent damage. Additionally, the injured party can obtain compensation for future medical expenses.

Obtaining Legal Assistance

If you have sustained a permanent head injury, seek legal assistance with your claim. An attorney will be able to review the facts of your case and provide an estimate of the amount of compensation you can expect to receive.

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