HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

Close this search box.

How to Determine the Value of Your Brain Injury Case

Blogs images (11)

Depending on the cause and severity of your traumatic brain injury, you could be entitled to significant compensation. If somebody’s negligence resulted in an injury that’s adversely affected your quality of life, you deserve to make a claim. However, how can you determine your claim’s value? What factors can affect the final settlement?

What Brain Injury Damages and Losses Can I Claim?

You can claim compensation for a variety of damages from your brian injury. These compensable losses can be broken down into two categories: economic losses (or special damages) and non-economic losses (or general damages). 

Economic damages are quantifiable losses, which include:

  • Lost earning capacity
  • Lost wages
  • Property damage 
  • Medical treatment 
  • Ongoing care
  • Burial expenses (in the case of wrongful death)

Non-economic damages are subject to speculation as valuing the losses can be challenging. These types of damages can include:

  • Shock and mental anguish
  • Pain and suffering
  • Loss of social life
  • Emotional distress
  • Reduced quality of life

Because non-economic damages can be subjective, you need a personal injury lawyer to represent you in court and help you obtain the compensation you deserve. It is also important to remember that general damages (pain, suffering, etc.) are just as important as special or economic damages. The quality and experience of your life is incredibly important and obtaining general damages for your losses recognizes this obvious truth. 

What Factors Affect the Settlement Value?

While there are many factors that can affect the settlement value of your brain injury case (and should be discussed with your brain injury lawyers), here are some of the most important ones to remember:

  • Severity of Injuries 

Just like any other injury, brain injuries can range from minor to very severe. The extent of your injury, the length of treatment, and the lasting effects of your injury will affect the value of your claim. 

  • Multiple defendants

If multiple people are found responsible for the accident that caused your injury, issues may arise when determining how much compensation each party should pay.

  • Liability

Some defendants may try to claim your accident wasn’t their fault, in which case they’re unlikely to offer a fair settlement. You’ll need a car accident attorney to help resolve the dispute.

Related resources: 5 Facts About Car Accident Claims Involving Brain Injuries

  • Plaintiff characteristics

Factors such as your age, medical history, and occupation can impact your settlement value.

  • Punitive damages

Punitive damages are damages awarded not to make you whole, but rather to punish the defendant(s) for any egregious conduct. While you may not be able to attach this type of damage to every claim,  your lawyer may use them as leverage when negotiating.

  • Trial location

Juries in conservative areas often give lower awards than juries in more cosmopolitan cities, making it vital to seek legal advice as soon as possible after your accident.

  • Mitigating damages

A plaintiff must, to the extent possible, mitigate their own damages. For example, if your doctor advised you not to drink alcohol on a certain medication for your brain injury but you do so anyway and harm results, you may be prevented from recovering all of your damages.   This is yet another reason why you should seek medical treatment right away after an accident and contact and car accident or brain injury lawyer

The Dangers of Traumatic Brain Injury

If left untreated, brain injuries can have a range of adverse and long-term adverse consequences that  could have an impact on your physical and mental wellbeing. Despite this, the CDC states that over 1.7 million people sustain brain injuries per year while many more go undiagnosed. Some of the long-term effects may include:

  • Difficulty concentrating
  • Memory issues
  • Slow speech
  • Confusion
  • Personality shifts and mood swings
  • Aggression, irritability, and lethargy
  • Chronic and persistent headaches
  • Blurred vision
  • Motor functioning and balance issues

Returning to normal life may prove challenging, but experienced lawyers in San Diego can help you get your life back on track by claiming the compensation you need and deserve. 

Common Causes of Traumatic Brain Injury

All sorts of events and accidents can lead to traumatic brain injuries. Some of the most common include slips and falls accidents, car accidents, sports injuries, and explosive blasts. However, some brain injuries are caused by physical assaults, in which case you should learn more about seeking prosecution and contact a lawyer immediately. If you or a loved one sustained a brain injury due to someone else’s negligent conduct, you may be entitled to significant compensation.  Speak with our slip and fall injury lawyer to determine whether you could file for a personal injury claim. Our lawyers will discuss your options and realistic outcomes while putting your mind at ease.

Contact HHJ Trial Attorney if you experienced a personal injury of any type.


Testimonial from Micah, a personal injury victim from San Diego

It’s difficult to find how to describe how appreciative and grateful I am to Michael Hernandez and the HHJ team. I didn’t have a million dollar case but they treated it as if it was. What I am most blown away about is the follow up, communication, and especially the results Michael delivered. I truly didn’t have a clue of how long my issue would take to resolve, especially with the courts opening and closing over the last year. Lightning speed in the legal world in my opinion. Even when I had lost the thought of the issue in my mind, boom, Michael calls with an update. Another couple weeks, another update, another, another, and boom! The long awaited results I had hoped for and more. This team is not one bit short of AMAZING. We always hear negative things around the way about lawyers, forget all that. Michael Hernandez and HHJ will make a believer out of you just like the did me. When you need a lawyer, make sure you pick the right one the first time. Once again I’d like to say thank you to Michael Hernandez for all your efforts and communication. I’m beyond happy with the results but I’m even more impressed with how you handled everything before we even got the desired results. Forever grateful to you and HHJ.

Related Posts


Response time within minutes