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What Are The Factors That Can Affect A Head Injury Case?
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Brain injuries can often lead to devastating and life changing effects. This is not restricted to victim alone but the family also. Additionally, such effects can last a lifetime, even with extensive medical care. This is why traumatic brain are often termed as invisible injuries and silent epidemics.
If your loved one has suffered a brain injury, you may understand the extent of the devastating effect it will have on your emotional and financial well-being. In most cases, it would require an extensive recovery period, which can last a lifetime, for not only the victim but also the family members. In this case seeking compensation from the responsible party will help ease this financial and emotional burden to some extent.
Take for example the case of Mowfy of Chesapeake, who got into an automobile accident, while driving a stock car at Langley Speedway in Hampton, which is operated by Victory Lane Motorsports LLC. His accident resulted in a skull fracture and a permanent brain damage. On behalf of his family, they filled a case against Victory Lane and Southard claiming negligence regarding the racing event and a defective car. They won the case in their favor with an award amount of 3 million dollars.
With the assistance of head injury lawyers, you can seek the required legal assistance to get the compensation you need. However, pursuing a head injury lawsuit can be a complex process, especially since it would require verification of technicalities and multiple pieces of evidence. The verdict of your lawsuit will also depend on certain factors which include:
Liability: Liability indicates the responsible party and whether the said party performed its required responsibility to prevent the accident from occurring. If your lawsuit clearly establishes the liability, it will lead to a clear cut settlement as compared to a case where the liability is disputed.
Multiple tortfeasors: If your lawsuit includes multiple tortfeasors who are not only responsible for the injury but also are represented by several insurance companies, there will be an issue of how much each tortfeasor would be required to pay the compensation.
Characteristics of the plaintiff: At times, the characteristics of the plaintiff plays an important role in the outcome of the settlement. For example, head injury lawyers can take into consideration the plaintiff’s age, occupation, likeability, and prior medical history to leverage the settlement.
Location of the case to be tried: At times certain courts are more conservative than others. They will also have the tendency to award lower damage awards as compared to juries in urban areas. Therefore, choosing a venue will affect the outcome of your settlement, especially since insurance adjusters will also keep an eye on the outcome of the lawsuit.
Mitigating damages: The damages must be mitigated or reduced by the plaintiff if it is reasonably possible in order to decrease the possibility of a conclusive financial loss. For example, if you decide not seek treatment after the accident, it can result in higher medical expenses, if the injury takes a turn for the worse. In turn, the insurance company may also reduce the value of the overall settlement to reflect the failure of your mitigation.
Charles Evans is an accomplished attorney, best known for his knowledge in the area of personal injury law. He currently resides in San Diego where, when time permits, he provides indispensable information through his writing. Through this article, he provides his insights as a head injury lawyers and the factors that can affect a head injury case.
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