Damages for Concussions can be Tricky!
If you have sustained an injury to your head because of an accident, you might want to consider, at some point, how much you would be prepared to accept when it comes to settling your claim with the at-fault party. Symptoms of a concussion are:
- Insomnia (or excessive sleeping)
- Sensitivity to light/noise
- Changes in behavior/emotions
If the concussion was sustained by the carelessness or aggression of another and you start experiencing post-concussion syndrome, you could have grounds for filing a claim against the other party’s insurance company or they don’t have insurance, the at-fault party has the funds to pay. Though, when it comes to your claim, the voluntary settlement could be more cost-effective to you (and the defendant) because it can save both parties the time and cost of litigation. Since a concussion injury can be very critical and determining compensation for a head injury settlement can be difficult and is reliant on various factors. At One Law Group in Beverly Hills, our lawyers can help you understand the differences between special damages and general damages and how we can help you receive damages.
Special damages are damages for which money is an equal substitute for what was lost, something that is known as the “out-of-pocket” loss rule. These usually include:
- Loss of wages
- Medical expenses
- Property damages
General damages (or non-economic losses) are losses for which money is a rough substitute. They generally include:
- Physical pain
- Mental anguish
- Loss of consortium
- Emotional distress
The amount of pain is incalculable, except by your own claim and the judgment of your doctors. Unlike a broken nose, which is something that can be visibly seen, repaired, and takes a certain amount of time to heal. Post-concussion syndrome does not have a gauge to measure it. It is all based on opinion. For this reason, insurance companies will fight a personal injury claim for a concussion eagerly because they know PCS is tough to prove. Don’t be surprised when they insist on your getting an opinion from a doctor that they have worked with before because more than likely, the doctor will disagree with your doctor. Having two or more physicians in an agreement is important and will benefit your case in the long run.One Law Group has helped numerous clients in traumatic brain injury cases of all degrees. If you endured a head injury that was no fault of your own, it is important to get in touch with an expert attorney today. Call One Law Group in Beverly Hills, where our lawyers are care and want to see you win.