Visitor Question

Brain Injury Auto Accident Case…

Submitted By: R (USA)

I was a passenger in another car and we were rear ended and I suffered brain injury. I received severe whiplash, frontal lobe and limbic damage, a concussion, spino-cerebellar lesion, left inner ear fistula leaks, permanent partial hearing loss of my right ear, I also have 4 bulging disks and need c-4,5 disk replacement or fusion.

I have been diagnosed as totally disabled for years and maybe won’t ever recover from the brain injuries. Also I am only 39 and was just starting at an electrical engineering collage course to further my financial future.

Now I’m filing for disability and cannot work, now or maybe ever again due to this accident and all the terrible symptoms and anguish from it. My attorney had to file suit since the insurance companies won’t pay their policies, saying there’s not enough damage to the cars to cause all my injuries.

From what I can remember my head was turned to the left and I was leaning forward looking at the driver with my seat belt on when we were struck. Three to four doctors and neurologists say these injuries where caused by the auto accident.

What kind of compensation should my settlement amount be, or can you estimate?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear R,

R:

Determining personal injury settlements is a subjective exercise. There are though some factors traditionally used by Attorneys and insurance companies to help determine appropriate settlement compensation.

Compiling all your past, present, and future medical bills is the first task.

Estimating your past, present, and future out of pocket expenses would be next. Out of pocket expenses include, but are not limited to: medicines, bandages, taxi fares, parking fees, and other reasonable costs directly related to your injuries and recovery.

The final task would be to add your lost wages from the time of the collision, now, and into the future.

Once all of those amounts are calculated the traditional method is to multiply your medical bills, referred to in legal circles as the “Hard Costs,” by a multiple of 1x, 2x, 3x or higher depending upon the severity of your injuries, out of pocket expenses and lost wages.

Your Attorney will undoubtedly attempt to secure the highest multiple she can. Of course as you know already, the insurance company will be doing everything possible to minimize the multiple. You can be assured the insurance company wants to hold onto its money just as much as you want to have it in your pocket.

Relying on the skills of your Personal Injury Attorney is your best bet.

Best of Luck,

Law Guy

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 13, 2011

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One thought on “Brain Injury Auto Accident Case…

  1. Thanks Law Guy! Any advice and help is good for my well being and mental status. I appreciate the feedback. I ended up going to a different state for better medical professionalism. I’m seeing my new surgeon tomorrow for review of my most recent “second” MRI and bone scan. Surgery should be coming soon…Thank god! It’s been the longest 8 months of my life.

    Sincerely, Anonymous R

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