You want to get an average settlement for traumatic brain injury victims in the state of Texas? The first step on your way should be to contact a Cueria Law Firm who specializes in these cases. But, how should you begin your research? Here are some tips to help you. First:
Look up “toxicology” and “toxic poisoning.” These terms describe the medical symptoms associated with brain injuries that cause temporary or permanent disability or death. An experienced attorney can tell you whether the symptoms you’re experiencing are from a chemical reaction to the substance that caused your injury, such as the result of chemical exposure or as the result of an accident. If so, your best legal action is to contact an injury lawyer, not to delay the process of taking legal action.
Contact an attorney specializing in traumatic brain injury settlements. During the course of your consultation, ask for a list of the factors that go into the calculation of the final settlement amount. (These factors include the extent of the physical impairment, loss of work wages and future earning capacity, which may be temporary or permanent, and any impact of the injury on the victim’s ability to care for himself or herself.) Your attorney will also want to know about any post-accident effects that your suffering has had on the victims’ ability to earn a living and to take care of themselves. Also discuss the potential impact on dependent children.
In most Texas brain injury cases, the courts require that a settlement award is limited to actual damages. This means that the amount awarded in settlements will likely never exceed the cost of caring for the victim and his or her dependent children. This is referred to as a cap. In most cases, courts will award a maximum of about one-third of the total possible future wages that the victim and dependent children would receive if they were still working.
Once you have decided on a caps figure, you need to decide what is included in the final settlement award. How are monetary limits determined? You can ask your traumatic brain injury attorney how the final settlement will incorporate any additional financial losses that you have suffered. (This could include a loss of enjoyment in life and/or a loss of earning capacity.) Also ask your attorney about potential bonuses for specific injuries and settlements that result from injuries sustained as a result of a defective product or activity. If you are injured at work, your injury attorney might even be able to obtain settlements for lost wages that are related to your employment.
If you are unable to return to work following a traumatic brain injury settlement, you may be eligible for income protection. However, even if you are eligible, there may be a great deal of time before you begin receiving your monthly benefits. Until the courts decide on the matter, you will still be responsible for all past due child support payments and may also have to complete a substantial amount of community service. Many times, people are able to negotiate much better child support agreements with the courts than they can with an insurance company or the custodial parent. Your loved one’s medical bills may also be covered by the courts, although this is often a lower percentage than would be obtained for an average settlement for traumatic brain injury settlements.