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What are Some Examples of Financial Recoveries People Have had With Brain Trauma?

What Are Some Examples Of Financial Recoveries People Have Had With Brain Trauma? Illinois plaintiffs recover sums from a few thousand dollars to a few million dollars every year and you could as well if you file on time with a qualified personal injury attorney.

  1. What Have Other Brain Injury Plaintiffs Recovered?
  2. Brain Injury Recovery Takeaways
  3. What can You Recover for in a Brain Injury Lawsuit?
  4. Sample Brain Injury Awards and Settlements
  5. How Will my Brain Injury Award Compare to These?
  6. Wondering What Your Brain Injury Claim Might be Worth?

What Have Other Brain Injury Plaintiffs Recovered?

Here is a breakdown of what brain injury victims have recovered at the national and Illinois levels as well as by various accident categories:

National Burn Injury Awards

  • RECOVERY RANGE
  • $0
  • $1-$50,000
  • $50,000-$100,000
  • $100,000-$200,000
  • $200,000-$500,000
  • $500,000-$1,000,000
  • $1,000,000-$2,000,000
  • $2,000,000-$5,000,000
  • >$5,000,000
  • PERCENTAGE OF PLAINTIFFS
  • 28%
  • 22%
  • 5%
  • 6%
  • 9%
  • 8%
  • 8%
  • 7%
  • 7%

Illinois Burn Injury Awards

  • RECOVERY RANGE
  • $0
  • $1-$50,000
  • $50,000-$100,000
  • $100,000-$200,000
  • $200,000-$500,000
  • $500,000-$1,000,000
  • $1,000,000-$2,000,000
  • $2,000,000-$5,000,000
  • >$5,000,000
  • PERCENTAGE OF PLAINTIFFS
  • 14%
  • 23%
  • 1%
  • 7%
  • 8%
  • 10%
  • 10%
  • 19%
  • 8%

Burn Injury Awards From Cooking Fires

  • RECOVERY RANGE
  • $0
  • $1-$50,000
  • $50,000-$100,000
  • $100,000-$200,000
  • $200,000-$500,000
  • $500,000-$1,000,000
  • $1,000,000-$2,000,000
  • $2,000,000-$5,000,000
  • >$5,000,000
  • PERCENTAGE OF PLAINTIFFS
  • 36%
  • 22%
  • 12%
  • 5%
  • 10%
  • 5%
  • 1%
  • 8%
  • 1%

Burn Injury Awards From Heating Fires

  • RECOVERY RANGE
  • $0
  • $1-$50,000
  • $50,000-$100,000
  • $100,000-$200,000
  • $200,000-$500,000
  • $500,000-$1,000,000
  • $1,000,000-$2,000,000
  • $2,000,000-$5,000,000
  • >$5,000,000
  • PERCENTAGE OF PLAINTIFFS
  • 31%
  • 14%
  • 4%
  • 6%
  • 6%
  • 10%
  • 13%
  • 10%
  • 6%

Burn Injury Awards From Electrical Fires

  • RECOVERY RANGE
  • $0
  • $1-$50,000
  • $50,000-$100,000
  • $100,000-$200,000
  • $200,000-$500,000
  • $500,000-$1,000,000
  • $1,000,000-$2,000,000
  • $2,000,000-$5,000,000
  • >$5,000,000
  • PERCENTAGE OF PLAINTIFFS
  • 27%
  • 11%
  • 3%
  • 6%
  • 9%
  • 8%
  • 12%
  • 13%
  • 11%

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Brain Injury Recovery Takeaways

There are a couple key things to note about the compensation levels of plaintiffs with brain injuries in Illinois and around the country. First, compared to victims of other personal injuries, the average and median of jury awards and settlements for claimants with head wounds is significantly higher. Second, Illinois brain injury victims recover higher awards (those over $1,000,000) at a much more frequent rate than those around the United states-11% more frequent in fact. This helps us understand why Illinois' median (which over $500,000) and average (which is over $1,000,000) are also higher generally than head wound plaintiffs from other states. Third, and finally, while recoveries for brain injuries from falls versus motor vehicle accidents might look comparable, they do dwarf the amounts from other kinds of head accidents with the exception of medical malpractice.

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What can You Recover for in a Brain Injury Lawsuit?

In a lawsuit, you’re allowed to seek compensation for all of your losses. The losses must have stemmed from the incident. They can’t have preceded the affair. Often, this will be the defendant’s first move-to say you already had a brain injury or some other defect.

It will be your job to show the losses that came from the defendant’s misconduct. There are two main types. First, there’s economic damages. These are the out-of-pocket things. They normally include medical bills, damaged property, and lost income. Second, there’s non-economic damages. This normally covers the pain, suffering, disability, disfigurement, and other intangible harm that arose.

The recovery of each case will be defendant. It will depend entirely on how you were hurt. However, this analysis should guide you when you’re trying to figure out what you can recover for in brain injury lawsuit. To learn more, give us a call. We can help you estimate what your brain injury case will fetch.

Brain Injury Claims

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Sample Brain Injury Awards and Settlements

$7,996,000 ILLINOIS JURY AWARD.

This Illinois lawsuit was as tragic as it was avoidable. It shows us the need to take a breath and slow down a bit on the road. The plaintiff was a young woman in her early 30s. She was a nursing student with a history of mental illness. One morning, she drove down a Chicago road. As she entered an intersection, a bus slammed into the side of hers. The bus was speeding just a little. The force of the crash sent her car flying. She was badly hurt. She sustained a traumatic brain injury, broken femur, lost an eye, and had other major problems. She was in the hospital for weeks. She was in rehab care for longer. When she got out, she sued the bus company with the help of her husband. She claimed the driver ran a red and was speeding. The defense’s main argument was that she actually ran the red, was driving while on the phone, and was exaggerating her damages. To the latter point, the defense shockingly raised her past mental problems to suggest she was somehow overreaching. The actual points of its claims regarding who sped had more merit. It offered that both vehicles ran a red and that the lights allowed for a one-second period for that to happen. It maintained this to the very end right up until a jury decided the matter. It awarded the plaintiffs more than $7 million. That was to cover her damages. Her extensive future medical care needs and inability to work and make a living made up a bulk of the compensation. Yet, her intangible losses like pain, lost normal life, and disability also drastically contributed to the large jury award.

$2,500,000 ILLINOIS SETTLEMENT.

Many of the facts of this case were in dispute at its onset. What we know for sure is that a little boy hurt. He was hurt badly in fact. He was just 13 at the time when the defendant hit him with car. The kid was knocked off his bicycle and fell to the ground. His brain sustained heavy damage. It required a craniotomy and other treatments. The family racked up almost $500,000 just in medical bills due to the crash. Plus, as they alleged later in court, the child’s cognitive abilities were reduced. This was the main claim for damages when they sued the driver. They alleged that he didn’t keep a lookout or yield to the bicyclist. The defendant turned around and argued the opposite. He said the teenager suddenly did a U-turn with his bike. This didn’t leave any time for the defendant to get out of the way. As such, the defendant thought the plaintiff was largely responsible for his own harms. Yet, as the case wore on, this fact became murky at best. The plaintiffs used this to push the defendant and the insurance companies to settle. In the end, the kid won out. They received $2.5 million in settlement. This was filed and settled in Cook County, Illinois.

$10,000,000 ILLINOIS SETTLEMENT.

Again, this case shows us of the perils of avoidable, workplace incidents. The plaintiff was a male. He was 40 at the time of the accident. He worked in construction. One of his job sites was in Chicago. His team worked on the construction of a new, high-rise apartment building. One day he went about his job. He tried walking over some panels but fell. His descent was 13 feet. He didn’t know that the panels were actually a false bottom. That miscalculation was to his severe detriment. He suffered a traumatic brain injury. He also sustained a torn labrum. All of these would need surgery, treatment, and long-term care. The immediate medical bills were north of $600,000. The projected long-term medical treatment estimated at almost $4 million. This was not to mention his lost wages, pain, and other suffering. To account for all of these, he sued the building manager and general contractor. He argued they were negligent. His suit followed that their negligence caused his injuries and damages. Further, he claimed that none of his actions contributed to his fallen state. The defendants offered a summary reply. Yet, once it became clear that they knew of dangerous state and warned no one, they evinced a desire to settle. The man received $10 million in a private agreement.

$1,200,000 ILLINOIS SETTLEMENT.

This suit centered on the delivery of a child. The case was brought in Champaign, Illinois. The woman arrived at the hospital 38 weeks pregnant. During the delivery, the child had a hard timing getting through due to shoulder dystocia. The doctor was able to get the child but not without breaking his clavicle. Also, he suffered from oxygen deprivation during the delivery. This caused a brain injury. When the suit was filed, the kid was in pre-school. He had developmental problems, speech issues, and other cognitive troubles. The family sued the doctor and the clinic for medical malpractice. They argued a C-section would have prevented the brain injury and subsequent damage. They sought compensation for the child’s pain, disability, and injuries. The clinic settled privately with the family for $1.2 million. The figures and outcome of the claims against the doctor are unknown.

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How Will my Brain Injury Award Compare to These?

It can be easy to read too much into these numbers. The high averages and outliers beyond $1,000,000 can be appealing to those considering litigation for their brain injury incident. However, you must remember that your award or settlement will be decided solely on the facts of your case and the laws of Illinois. But these facts and figures aren't completely irrelevant. So how do you compare your case to past ones? 1) Find a case that matches yours on the facts. It's not enough to find another brain injury case-find one where the other person was in a similar kind of accident. 2) See if your out-of-pocket expenses were similar to theirs. Juries usually factor this into the award directly so you can estimate a pretty comparable amount. 3) Match your intangible injuries to yours. If you were similarly affected in a non-economic way, you can attempt to recover for like damages. These three steps will help you find cases that might predict what you could expect to recover in court. However, they are not determinative and your estimate should be made in consultation with a qualified personal injury lawyer.

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Wondering What Your Brain Injury Claim Might be Worth?

Rosenfeld Injury Lawyers LLC knows that it can be tempting to look at the facts and figures of past cases to make assumptions about your own. However, what you should do is sit down with an attorney to review the circumstances of your own accident. This will give you a better sense of what your brain injury claim will be worth. Call us today and a member of the Rosenfeld Injury Lawyers LLC can do just that with you. We look forward to hearing from you.

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