How to Negotiate a High Settlement After a Brain Injury

28th August 2023

Experts estimate that nearly 2 million people suffer a traumatic brain injury (TBI) yearly in the U.S. When this happens, they might need medical treatment, therapy, and time off work to heal. Pursuing a settlement after a brain injury is crucial because it can help cover medical bills, pay for the time they couldn’t work, and also provide money for the pain and suffering they’ve gone through.

If you or a loved one suffered a TBI in an accident caused by someone else’s negligence, the attorneys with Sand Law are ready to fight for your rights. We’ll find out exactly how the accident occurred and pursue maximum compensation from those to blame.

Getting the money you deserve will likely require negotiating with the at-fault party. The following will give you a better idea of how negotiations take place. If you would like a free consultation, please contact Sand Law online or call 701-609-1510.

Understanding the Depth of a Brain Injury

There are three levels of TBI: mild, moderate, and severe. Even a so-called “mild” TBI can lead to long-lasting problems. For instance, a mild TBI might cause headaches that won’t go away, difficulties with memory, and changes in how you feel.

On the other hand, moderate or severe TBIs can have terrible consequences. Victims may no longer be able to perform everyday tasks like making meals, bathing, or dressing. That’s why it’s so important to negotiate a high settlement after a brain injury. Your damages can be catastrophic even with the a “minor” or “mild” injury.

Immediate Steps Post-Injury

After you’ve had a TBI, getting medical help as soon as possible is essential. Your doctor can determine how bad the injury is and what kind of treatment you need. If you delay getting medical help, your injury can significantly worsen.

Also, remember to write down exactly what happened when you got hurt. If you can, take pictures of where the accident occurred, and keep all the papers the doctors give you. The more evidence you can collect, the stronger your case will be.

You should also contact an attorney so they can investigate the accident. For instance, if a truck hits your car, your lawyer will go to the scene and get as much physical evidence as possible. The earlier you call an attorney, the better the chances they’ll be able to gather evidence before it disappears.

Calculating the Worth of Your TBI Claim

Trying to figure out how much money to ask for in a settlement is like solving a puzzle. There are different parts to consider. First, there are the direct costs, like the money you have to pay for going to the hospital and getting therapy.

Then, there are indirect costs, such as the money you can’t earn because you can’t work due to the injury. And don’t forget about things that are hard to measure, like how much pain you went through and how it affected your life.

A skilled attorney will know how to calculate all of your tangible and intangible expenses. They’ll demand that amount from the insurer covering the party that caused your accident.

Gathering Strong Evidence

Again, you’ll need proof to win your case and get the money you have coming. This means getting records from doctors that explain how the injury affected you. Sometimes, experts like brain doctors or therapists can help explain how severe the TBI is.

If there were people who saw the accident happen, their statements could be really helpful. As stated earlier, pictures and videos of what happened can strengthen your case.

Avoiding Common Mistakes

Even if you start feeling a bit better, it’s important to keep visiting the doctor to ensure you’re healing properly. Please follow your doctor’s instructions to the letter. If you don’t, you may not recover as quickly.

Following medical advice is also essential to your case. If the opposition learns you’re not doing what the doctor recommends, they could argue you’re not hurt as badly as you claim.

Speaking of the opposition, don’t talk to the defendant’s insurer without talking to a lawyer first. They can help you make sure you’re saying the right things. An insurance adjuster might try to trick you into making a mistake that could hurt your case. They might also try to record your statement. Don’t have any contact with that insurer without your attorney present.

Finally, don’t jump at the settlement offer you receive. It probably won’t come close to covering all of your accident-related expenses. A lawyer will know what’s fair and what isn’t.

Consulting with a TBI-specialized Attorney

Getting a lawyer who knows much about TBIs can be a big help. These lawyers understand all the complexities of these cases and can ensure you’re treated fairly.

Unfortunately, we’ve seen many instances where injury victims tried to represent themselves in lawsuits. Victims found out the hard way they should have called an attorney because they didn’t get the money they deserved.

Read More: Why You Shouldn’t Hire a Settlement Mill for Your Fargo Personal Injury Lawsuit

Negotiation Techniques for a High Settlement After a Brain Injury

Once your attorney determines your financial losses or damages (medical bills, lost wages, emotional distress, etc.), they’ll send a demand letter to the at-fault party’s insurer. This letter will spell out how much money you deserve.

This is typically the starting point in negotiations. Your lawyer will begin with a high demand, breaking down why you should receive a full settlement. The opposition will then counter that demand using a variety of arguments.

A skilled attorney will anticipate those arguments. They’ll have the proof to show what you’re asking is fair. Your lawyer will be willing to compromise to a point, but they won’t agree to a settlement that fails to make you financially whole.

The Role of Mediation

Even if you have the truth on your side, that doesn’t mean the insurance company will agree to an equitable settlement. Your case may have to go to mediation. The mediator, an impartial third party, will listen to both sides’ arguments and decide how much you should receive.

It may not seem like it, but mediation is a good thing. It means that both sides want to avoid going to court. The mediator will try to find a solution that works for everyone.

Preparing for Trial

More than 95% of personal injury cases settle out of court. But what if mediation doesn’t work? If that happens, then your case will likely go to trial. But this could also be positive. Sometimes, going to court can push the other side to offer more money to settle the case.

But going to court also has its risks. It might take a long time for the case to resolve. There’s also a chance the jury will rule in favor of the defendant. That’s why you need an attorney with extensive courtroom experience and a track record of winning at trial.

Contact Sand Law to Start Negotiating a High Settlement for Your Brain Injury

Sand Law has a team of lawyers with that experience and track record. We’ll do everything we can to help achieve the highest possible settlement. But if that doesn’t happen, our team will be well prepared to protect your rights in court.

Find out more about what we can do for you by calling 701-609-1510 or using our online contact form to schedule a free case evaluation.