There are many potential causes of head injuries. If your head injury was suffered as the result of another party’s negligence, then you may be able to pursue financial compensation. For instance, if your injury resulted from a car accident or a slip and fall accident, then you may be able to sue the at-fault party for the damages you incurred.
The average payout for a head injury case in Maryland is highly difficult to determine. There are a multitude of different circumstances that may be analyzed when assessing the value of a claim. Fortunately, after investigating the specifics of your case, our legal team can explain which monetary damages may be available to you.
In the aftermath of your accident, seek support from our experienced Maryland personal injury lawyers at Rice, Murtha & Psoras by calling (410) 694-7291 for a free case review.
Average Payout for a Head Injury Case in Maryland
Determining the average payout for a head injury case in Maryland is difficult. The compensation awarded in head injury cases can vary greatly depending on several factors. For instance, the severity of the victim’s injury, the extent of medical treatment required, the impact on the victim’s quality of life, and each party’s degree of negligence may all play crucial roles in assessing the value of a head injury case.
It’s important to understand that more severe head injuries typically result in higher compensation amounts. Specifically, cases involving traumatic brain injuries that lead to long-term cognitive impairment, extensive medical expenses, and significant emotional distress are likely to command larger settlements. Fortunately, our personal injury attorneys are prepared to help plaintiffs fight for the maximum amount of damages available in their cases.
Factors Used to Determine the Value of a Head Injury Case in Maryland
There are several factors that may be analyzed to determine the value of a head injury case. For example, the court may look to any of the following when calculating what your claim is worth:
The financial impact of medical expenses resulting from a head injury is a significant factor in determining compensation. These expenses encompass a wide range of costs, including emergency medical care, hospitalization, surgical procedures, diagnostic tests, prescription medications, rehabilitation, therapy, and follow-up appointments. When evaluating medical expenses, both current and anticipated future costs are considered.
Compiling a detailed record of medical bills, receipts, and invoices is crucial to accurately quantify the economic impact of the injury. Moreover, consulting with medical experts who can assess the ongoing medical needs and estimate future expenses is essential for building a comprehensive case for compensation.
Lost Income and Earning Capacity
The loss of income due to a head injury can be a substantial part of the compensation calculation. This includes not only the wages or salary the victim missed during recovery but also any potential future income that might be affected by the injury. In cases where the head injury leads to diminished earning capacity, such as the inability to return to a previous job or pursue certain careers, the compensation amount should reflect these potential long-term financial losses.
Calculating lost income and diminished earning capacity requires a thorough evaluation of the victim’s work history, educational background, and potential career trajectory. Expert opinions may be sought to provide insight into the vocational impact of the injury and how it could affect the victim’s ability to earn income in the future.
Pain and Suffering
Unlike economic damages, pain and suffering represent the non-economic impact of the head injury. This encompasses physical pain, emotional distress, mental anguish, and a decreased quality of life. Valuing pain and suffering can be challenging, as it involves assigning a monetary figure to subjective experiences. However, many legal systems acknowledge the importance of compensating victims for these intangible losses.
When determining compensation for pain and suffering, lawyers often use various methods, including the multiplier method and the per diem method. The multiplier method multiplies the victim’s economic damages (medical expenses, lost income, etc.) by a certain factor to arrive at a pain and suffering amount. The per diem method assigns a daily rate for the pain and suffering experienced, based on the severity of the injury and the estimated recovery time.
Impact on Daily Life
The extent to which a head injury disrupts the victim’s daily life and activities is a critical consideration in valuation. This encompasses the ability to perform routine tasks, engage in hobbies, and maintain social interactions. An injury that significantly limits a person’s independence and enjoyment of life often leads to higher compensation.
To assess the impact on daily life, legal professionals may consult medical experts, therapists, and occupational specialists. Collecting detailed accounts from the victim and their loved ones about the specific ways the injury has affected their routines and activities can also provide valuable insight into the case’s value.
Duration of Recovery
The length of time it takes for a victim to recover from a head injury directly affects the compensation amount. Longer recovery periods often lead to higher settlements, as they correspond to extended medical treatment, therapy, and a longer period of pain and suffering. However, it’s essential to consider not only the initial recovery but also the potential for ongoing challenges and setbacks.
Medical experts can play a crucial role in assessing the anticipated duration of recovery and the likelihood of achieving maximum medical improvement. Their insights help in determining a fair compensation amount that accounts for the time required for healing and rehabilitation.
Maryland operates under a contributory negligence standard, which impacts how compensation is determined when the injured party is found partially at fault for the accident. In contributory negligence states, if the injured party bears any degree of responsibility, even as little as 1%, they may be barred from recovering any compensation. Therefore, establishing clear and convincing evidence that the other party’s negligence was the primary cause of the head injury is essential to securing compensation.
Our legal professionals can work diligently to gather evidence, interview witnesses, and reconstruct the events leading to your injury in order to establish liability. The stronger the evidence, the more effectively your right to compensation can be asserted.
The presence of pre-existing head injuries or medical conditions adds complexity to the valuation process. It’s important to differentiate between the pre-existing condition and the exacerbation caused by the recent injury. Compensation is typically based on the additional harm or worsening of the condition due to the accident, rather than the entire medical history.
Medical records and expert opinions play a crucial role in establishing the impact of the accident on pre-existing conditions. By demonstrating the direct connection between the accident and the worsening of the condition, our legal team can advocate for appropriate compensation.
Contact Our Personal Injury Attorneys for Help with Your Head Injury Case in Maryland
Get assistance from our experienced Baltimore personal injury lawyers by calling Rice, Murtha & Psoras today at (410) 694-7291.