What Elements Affect a Claim for a Head Injury?


The amount of damages the plaintiff receives in a brain injury litigation or workers’ compensation claim depends on several variables. Khan Injury Law can assist you in getting successful compensation for your head injury. 

Elements that can affect a claim for head injuries.

  • Responsibility

There will often be a greater award or settlement in a personal injury case where liability is unmistakable and can be proven to a judge or jury rather persuasively. Any damages granted may be impacted if proving culpability is more challenging. Recall that Washington is a state with comparative injury. This means that whatever compensation you obtain will be decreased by 30% if the plaintiff can demonstrate that you contributed 30% to the disaster.

As a result, you will receive $70,000 out of a $100,000 reward. Even if you have a TBI, you might not be entitled to compensation if the plaintiff can prove that you were more than 50% at fault for the collision.

Who is to blame is less concerned if you had a TBI at work. You need to contact an attorney immediately and get medical help.

  • The number of individuals that are accountable for your injury.

Multiple tortfeasors are the legal phrase meaning when multiple parties are accountable for your injury. Each party will be handled by a different attorney or insurance provider when this occurs. The process of reaching a settlement or managing the lawsuit in court becomes more challenging the more parties are accountable for your harm. Establishing how much each negligent party should be required to pay in damages can take time and be complicated when there are several tortfeasors.

  • Features of the victimized party.

A judge or jury will consider a person’s age, occupation, any medical history that may have contributed to the TBI, past earnings, medical expenses, and potential future earnings when deciding what compensation should be awarded to someone who has experienced one.

  • The courtroom location

The trial location may affect the sum of money you will be awarded in damages if you cannot reach an agreement with the insurance provider and your case proceeds to trial. Damage payments made in one state may differ from those made in another.

  • The defendant’s improper behavior

Punitive damages are rarely granted. However, judges or juries can consider punitive damages if the accused in the case has demonstrated extremely heinous behavior. Punitive damages are intended to hold the defendant accountable for their actions.

Your lawyer may utilize the prospect of punitive damages to persuade the defendant’s insurance provider to provide you with a better settlement.

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