There are many possible causes of concussions and brain injuries, some of which are the result of human error or negligence. If you or someone in your family has suffered from a brain injury because of someone else’s behavior, you may be able to file a lawsuit against the responsible party or parties. It’s important to have an idea of how much money you are able to receive as part of the brain injury settlement, which will depend on the severity of the injury that has been suffered. Keep reading to learn how much you may be able to receive as part of a brain injury settlement in Arkansas and how Fayetteville brain injury attorney Ken Kieklak, Attorney at Law, can help.
Understanding Brain Injuries and Causes
The amount that you will be able to receive as part of a brain injury settlement depends on how bad the brain injury is and the conditions that created it, especially when the injury is classified as a traumatic brain injury.
To understand the severity of a brain injury, it’s important to know the symptoms. Symptoms of brain injuries include headaches, confusion, lightheadedness, dizziness, slurred speech, ringing in the ears, insomnia or an inability to wake up from sleep, enlargement of the pupils, sensitivity to light and sound, nausea, vomiting, emotional and behavioral problems, and more.
There are many ways that brain injuries can be caused that people should be aware of. One of the most common causes of brain injuries is a blow to the head, which can happen because of slip and fall accidents, sports injuries, or falling objects. Brain injuries can also happen through penetration of the skull, which may happen due to stray objects such as a bullet or unsecured materials on a construction site. Whiplash and other car accident injuries can also cause brain injuries.
Determining a Brain Injury Settlement Amount in Arkansas
Frequently, the amount of money that a person can receive in a brain injury settlement depends on how bad the injury that they sustained was. The severity of the injury will usually be judged based on the amount of pain that it causes the victim, the amount of medical bills they will have to pay, and the impact that the injury has on their ability to live their life.
When assessing the amount of pain that a brain injury has caused a victim to suffer, physical as well as emotional and mental pain and suffering are taken into account. Severe physical pain can result from brain injuries due to nerve damage and impaired cognitive functioning. Emotional and mental pain can result from an inability to live life as the victim did before their injury.
The medical burden that can result from a brain injury is often great and can extend beyond just bills. Brain injuries often require a stay in the hospital, which can result in a substantial bill. Brain injuries also require the victim to undergo testing, imaging, and evaluations after their hospital stay to make sure that their brain is no longer damaged. Sometimes victims of brain injuries will have to make alterations to their homes and physical space to accommodate their impaired ability to function. The financial burden of brain injuries can also manifest in a loss of income for the victim of the injury due to a loss of an ability to work or drive.
Arkansas has no legal limits on the amount that a person can receive in damages during a brain injury lawsuit, which means that the victim can receive as much as the jury deems appropriate in proportion to the severity and impact of the injury. Some brain injury cases will also include punitive damages for the responsible party. If the responsible party was extraordinarily negligent in the behavior that led to the injury, they may also have to pay punitive damages to the brain injury victim. This is rare, though, and only happens in cases in which the responsible party repeatedly violated safety rules or did something egregiously wrong.
Why You Should Settle Your Brain Injury Case in Court
For some victims of brain injuries, the appeal of settling their case out of court may be tempting. Settling out of court takes less time and money. However, despite the extra cost, it is often more advantageous for brain injury victims to settle their case in court.
Settling a brain injury case out of court often does not yield the best situation for victims because they will only receive damages that are accepted by the responsible party, who may decide to reimburse the victim for their medical bills and nothing else. Settling in court is ultimately better for the victim for a few reasons.
Firstly, setting in court requires the assistance of an attorney, who can help a brain injury victim make sure that all of their rights are respected throughout the settlement process while helping them get the best possible deal by assessing what the case is worth. Secondly, the likelihood that the victim of the brain injury will be awarded punitive damages for the responsible party’s negligent behavior is much higher when the case is settled in court.
Attorney for Brain Injury Victims in Arkansas
Get in touch with an attorney to discuss your brain injury case soon. You may be entitled to a settlement that includes damages for medical bills, lost wages, and in some cases, punitive damages. The Fayetteville AR personal injury lawyer Ken Kieklak, Attorney at Law, is available to help brain injury victims receive what they deserve. Contact our offices today by calling (479) 316-0438.