Factors that contribute to the determination of the value of a brain injury claim include but are not limited to: special damages, including medical expenses, future medical care costs, past earnings loss and future loss of earnings due to any total or partial disability, the nature and extent of the injuries and permanence of the disability, how the injury affects the victim’s ability to engage in activities of daily living (ADLs), how the injury affects the victim’s ability to engage in meaningful social and interpersonal relationships (which are often impaired by brain injuries). The liability of the at fault party, whether there is any comparative negligence on the part of the victim and the amount of insurance coverage available for both the at fault party and the victim through his or her underinsured motorist coverage. Of course, general damages for pain and suffering account for a major portion of the valuation of the claim. Traumatic brain injuries can range in value from moderate dollar amounts to very significant recoveries, well into six and seven figure settlements and verdicts.
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