Washington DC Brain Injury Lawsuits

Types of Settlements and Compensation

The Washington DC brain injury attorneys of Anastopoulo & Clore, LLC provide information about the types of settlement compensation received in brain injury lawsuits.

When a traumatic brain injury (TBI) occurs at the hands of another, that other person or entity may be liable for the injury to the victim. Compensation can be awarded in a personal injury settlement. The other alternative is a personal injury lawsuit, which seeks a judicial determination that a person or entity was negligent, caused the injury, and should compensate the injured party. The patient's healthcare provider will conduct a comprehensive evaluation, during which a determination of:

• the extent of the brain injury,
• the possibilities for recovery,
• the extent of therapy and treatment necessary,
• the patient's ability to return to gainful employment, and
• whether or not independent living will eventually be possible again.

The healthcare provider's evaluation will be a key factor in determining the amount of financial compensation. If the defendant has insurance, payment to the injured party comes from the liability insurance carrier whether the matter is settled or ends in judgment for the injured party.

Another type of compensation can be based on the concept of "strict product liability." In this instance, a person or entity responsible for a particular product is held responsible for the failure of that product to protect an individual. For example, failure of a motorcycle helmet that cracks upon impact would lead to the manufacturer of the helmet being held liable for resulting injuries. The standard of proof is that the product was being used according to manufacturer’s specifications and that the product failed to reasonably protect the individual from harm.

A law firm that specializes in head injury compensation will assess long lasting effects that can occur from head injuries and adjust compensation claims due to:

• TBI
• Neurological impairments – including cognitive impairments, inability to sleep, difficulties in concentration, irritability, short term memory loss
• Closed head injuries (CHI) – including head concussions
• Post concussion syndrome

Physical effects ranging from muscle stiffness to seizures (which can be fatal) may arise. Loss of the sense of sight or hearing can also occur. Beyond the obvious life changes that these may cause, additional impacts may be loss of income due to unemployment or limited employment or even finding that you can no longer follow your chosen career. These dramatic effects on your life can put great pressure on your family. An experienced traumatic brain injury attorney in Washington DC will pursue all types of compensation for clients which include compensation for current and future medical damages (non-economic compensation), rehabilitative expenses, lost wages, and pain and suffering. When it comes to Washington DC TBI your attorney will advise you to keep detailed records of your experiences with the injury, the recovery process, and the medical bills incurred.

A brain injury settlement or brain injury lawsuit will require the expert advice of an experienced Washington DC head injury law firm who can sort through paperwork and counsel you on the best course of action. If you have sustained a brain injury you need the experienced representation of traumatic brain injury lawyers in Washington, DC who understand the complications of TBI as well the long-term requirements for therapy and the financial impacts of that.

The Law Offices of Anastopoulo & Clore offer free initial consultations to brain injury patients. Call us at (866) 377-3093, or contact us by submitting our web form.