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Washington, DC How Much Is a Brain Injury Case Worth?

Traumatic Brain Injury Settlements

Brain injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs), represent some of the most critical health concerns in their profound, often long-term, impact on an individual’s cognitive, emotional, and physical well-being. Victims might experience symptoms like memory loss, impaired motor functions, mood swings, or even profound personality changes. These life-altering effects can lead to loss of employment and diminished quality of life.

When such injuries result from another party’s negligence, whether in car accidents, medical malpractice, or other catastrophic events, the affected individuals have the legal right to seek compensation. At Regan Zambri Long, our DC brain injury lawyers have the needed resources at our disposal to determine fairly the compensation a brain injury victim deserves.

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Compensation for a Brain Injury Claim

While there is no guaranteed estimate of the value of your case, the brain injury lawyers at Regan Zambri Long will work tirelessly to recover maximum compensation. We have won millions for our clients, including a $20 million settlement for a brain injury in Washington, DC. We are confident our experienced personal injury attorneys can do the same for you. 

Damages You Might Receive From a Brain Injury Lawsuit

Damages in personal injury lawsuits are divided into economic, non-economic, and punitive.

Economic damages

Economic damages are tangible monetary losses directly resulting from your injuries. These include:

  • Medical Expenses for short and long-term medical care costs
  • Therapies: After a brain injury, some people need therapy to relearn even the simplest tasks. Therapies can include physical therapy, occupational therapy, and even cognitive therapy.
  • Medications: If the injury is severe enough, victims may need to be on medication for the rest of their lives, which is costly to the individual and their families.
  • Lost Wages and loss of future earning capacity due to your inability to work

Non-Economic Damages

Non-economic damages are intangible losses, which make them more challenging to determine. These includes pain and suffering,, which refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies a catastrophic injury.

Punitive Damages

Punitive damages exceed basic personal injury damages and are meant to punish the defendant rather than award the victim. Punitive damages are extra money the defendant might pay in a brain injury case. While economic and non-economic damages are meant to award the victim for their injuries, punitive damages are intended to punish the defendant for bad behavior. These include:

  • Wanton and Reckless Behavior: This means someone acted in a way that they knew could harm another person, but they didn’t care and did it anyway.
  • Malice: This is when someone hurts another person on purpose.
  • Carelessness is when someone doesn’t pay enough attention and injuries someone.

If you think your brain injury claim includes carelessness, malice, or wanton and reckless behavior, speak to your brain injury lawyer during your free consultation. Including punitive damages in your claim will teach the offender a lesson and ensure they do not repeat the behavior that led to your injuries.

Understanding Traumatic Brain Injuries

Traumatic Brain Injuries (TBI) represent a significant concern in the realm of public health. A TBI is a sudden trauma to the brain leading to disrupted brain function. According to the Centers for Disease Control and Prevention (CDC), TBIs are classified based on the severity of the injury: mild, moderate, and severe.

A mild TBI, often referred to as a concussion, typically results in a brief change in mental status or consciousness. At the same time, severe TBI can lead to extended periods of unconsciousness, amnesia, or even death. The difference between these categories often lies in the duration and intensity of symptoms, with severe cases potentially resulting in long-term cognitive, physical, and psychological impairments.

TBIs account for about 2.8 million emergency department visits, hospitalizations, and deaths annually in the United States.

What Are the Long-Term Costs of Living With a TBI?

How much is a brain injury case worth?Living with a traumatic brain injury is extremely difficult, not only for the victim but for their loved ones, as well. The financial burden alone can trouble even the wealthiest of families. Since accidents resulting in TBIs often occur without any warning, most people are not financially prepared for the lifelong costs associated with the injury.

Lifelong Assistance

Victims of a traumatic brain injury might need help every day following the accident. This could be someone to help them get dressed, eat, or move around. An in-home caregiver’s average wages range from $18 per hour to $36 per hour (that can add up to almost $300 for an eight-hour workday!) 

Accommodations

Depending on the severity of the injury, traumatic brain injury victims’ homes may need to be changed following the accident. Simple modifications, like adding a ramp for wheelchair access, can cost up to $3,000. However, if the home needs structural modifications, like widening doorways or hallways, that can cost a family thousands of dollars.

Life-Care Needs

Over time, a person with TBI might need different kinds of medical care or therapy. Assisted living facilities are thousands of dollars per month in rent. Occupational therapy, physical therapy, speech therapy, hospital visits, and ongoing medication are costly.

The costs of living with a traumatic brain injury are steep. At Regan Zambri Long, we know we can’t change what happened to you or your loved one. However, we can fight for financial relief and a sense of justice. Call today for a free consultation with a brain injury lawyer. We will start your case immediately to recover the compensation you deserve quickly.

Proving Fault in a TBI Case

In a brain injury case, knowing clearly who is at fault or liable for the accident is very important for the victim to get the most compensation. The burden of proof is on the plaintiff – they must prove the defendant acted negligently to collect damages.

Liability is determined by the four elements of negligence: duty of care, breach of duty of care, causation, and damages.

  • Duty of care: This means that one person is responsible for acting in a certain way towards another person. For example, a car driver has a duty to follow traffic rules and drive safely to protect others on the road.
  • Breach of duty means the person failed to meet their responsibility or duty. Let’s go back to our car accident example. If the car driver was texting while driving, that is against the traffic rules. This is a breach of their duty to drive safely.
  • Causation: The person’s failure (or breach) directly caused the injury. Because the car driver was texting, they didn’t see a pedestrian and hit them, causing the pedestrian to suffer a brain injury.
  • Damages:This means that the injured person suffered losses (like medical bills, pain, or lost wages) because of the injury. After being hit by the negligent driver, the pedestrian had to go to the hospital, get treatments, miss work, and pay medical bills, all due to the brain injury caused by the car driver.

In a brain injury case, to prove negligence, one would have to show that someone had a duty to act safely; they failed in that duty, their failure caused the brain injury, and there were actual losses or damages because of the injury.

Contributory Negligence and Your Brain Injury Claim

Washington, DC, follows a strict rule called “contributory negligence.” Under this rule, if the injured party is found to be even 1% at fault for the incident leading to the brain injury, they cannot recover any damages. 

The Regan Zambri Long brain injury attorneys, have worked in the DC Metro area for decades. We know defense lawyers jump to contributory negligence to get their clients out of paying what they rightfully owe. We will build a strong case proving that you were not liable for the accident that caused your brain injury in any way.

Compensation and Insurance in Washington, DC

An insurance policy limit is the maximum amount of money an insurance company will pay for a claim. Different policies have different limits, depending on what the insured person or business has chosen and paid for. A skilled personal injury lawyer will understand how best to negotiate with the insurance companies to ensure that you receive the maximum compensation for your traumatic brain injuries in your settlement.

Also, Washington, DC, is a no-fault insurance state. That means if your brain injury was caused by any kind of motor vehicle accident, regardless of who is at fault, you must file with your insurer first.

Timelines for Personal Injury Claims

A statute of limitations is like a countdown timer for legal matters. In Washington, DC, like everywhere else, it tells you how long you must file a claim after an injury.

In Washington, DC, a brain injury victim has three years from the date of the accident to file a personal injury lawsuit. Three years may seem like a long time, but if you try to file a claim after the three-year limit, the court will most likely refuse to hear your case. This means you won’t be able to get any compensation for your injury, even if it’s a strong case.
Here are some tips for filing on time so you can ensure maximum compensation for your injuries: 

  • Start Early: As soon as you think you might have a claim, start gathering information and contact a Regan Zambri Long brain injury lawyer for a free case evaluation.
  • Keep Good Records: Write down everything about the accident, your injury, medical visits, and any costs. This will help when you talk to a lawyer.
  • See a Doctor: Even if you think it’s a minor injury, see a doctor. Sometimes, brain injuries aren’t apparent right away.

Remember, in Washington, DC, that three-year timer starts ticking from the accident date. It’s imperative to act quickly and make sure your rights are protected. If you think you have a brain injury claim, get started as soon as you can

Contact Regan Zambri Long to Discuss How Much Your Brain Injury Case Is Worth Today

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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