Whether you get into a car accident or slip and fall on someone else’s property, there is always a risk of getting a concussion. Despite their prevalence, concussions aren’t always minor injuries. In fact, if a concussion is severe enough, it may lead to permanent brain damage and lifelong complications.
If you received a concussion due to another negligent party, you may be wondering, how much is a concussion settlement worth in California? Generally speaking, the value of a concussion lawsuit or claim varies widely. The only way to know for sure is to take all the different aspects of your situation into consideration, such as damages, fault, and more.
Common Causes of Concussion
There are several potential causes of a concussion, but some are more common than others. According to a report by the Centers for Disease Control and Prevention (CDC), around 32,547 people died from an unintentional concussion or related brain injury between 2015 and 2017. Falls were the most frequent causes of these deaths, accounting for more than 50% of all fatalities. Car accidents also contributed significantly, causing a little more than a third of reported deaths. The rest of the fatalities, however, either involved the head being struck by an object or another unknown factor.
Factors That May Affect a Concussion Settlement
To calculate the potential value of a concussion settlement, there are a few factors you must take into consideration. The unique circumstances of your claim, such as the extent of damages, your share of fault, and insurance policy limits, greatly affect the overall worth of the claim. Here’s how each of these factors affects the claims process for a concussion injury.
In most concussion claims, the victim seeks both economic and non-economic damages. These damages cover different types of losses depending on the extent of the injury and how it influences the day-to-day life of the victim. Simply put, economic damages are the financial losses of the victim, while non-economic damages are the emotional and physical losses. In any given concussion claim, a victim may seek compensation for these damages based on losses like:
- Current and future medical treatment expenses;
- Lost wages during the recovery process;
- Reduced earning capacity due to disability;
- Applicable property damage (such as a wrecked vehicle);
- Loss of life’s enjoyment (hobbies, experiences, etc.);
- Mental or emotional anguish (depression, PTSD, etc.);
- Permanent disfigurement; and
- Pain and suffering.
However, these losses aren’t the same for everybody. For example, a concussion may result in chronic headaches for one victim while another has trouble with cognition. Despite having the same injury, these victims might experience different difficulties in their daily lives. In fact, some concussions may result in life-long complications. For this reason, damages play a huge role in determining the value of any case.
California Negligence Law
Another factor that affects concussion settlements in negligence law. Every state has its own rules for claims where both parties may share some fault. In fact, some states don’t allow victims to pursue any compensation if they share even 1% of the fault. However, California is somewhat more forgiving. That’s because the state follows a pure comparative negligence law. This means that the victim may seek compensation even if they are 99% at fault. The catch is that the law also reduces their award by their percentage of fault. So if a victim has $1 million in damages and they are 30% at fault, they may receive a maximum of $700,000.
Insurance Policy Limits
Unfortunately, some victims encounter roadblocks with the insurance coverage of the responsible party. This is especially true if the person doesn’t have any insurance or very little coverage. In this case, you may need to consider other possible sources of compensation, such as your own uninsured/underinsured motorist coverage.
Want to Know the Value of Your Claim? Call Silva Injury Law Today
If you’re still wondering, How much is a concussion settlement worth in California? reach out to one of our attorneys. At Silva Injury Law, we understand the far-reaching impact of concussion injuries on victims. That’s why we passionately advocate for every client and provide competent, one-on-one service from day one. To schedule a free consultation, send us a message or call us.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.