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Special considerations for settling TBI claims

by | Mar 26, 2021 | Traumatic Brain Injuries

A traumatic brain injury (TBI) can be a life-altering event when a victim suffers significant and long-term harm. There are many ways that TBI can happen, including but not limited to sports accidents, vehicle collisions, or slips and falls. Often, TBI damages caused by the negligence of others can be compensable in North Carolina courts.

When a victim suffers a TBI, they may face a lot of questions about their condition and their future. They may be unsure of when they can leave the hospital to get back to their home. They may not know when their TBI-related symptoms will subside, or if they will ever subside. The long-term effects of TBI can be serious and debilitating, and not all victims are able to fully recover from their traumas.

Because TBI can be wrapped in uncertainty, it can be difficult to plan a legal case for the recovery of a victim’s damages. Individuals who have suffered TBI should talk to personal injury attorneys about their options, because some may receive settlement offers before they have even started to recover. This post will discuss settlements in the context of TBI cases, but as with all the posts on this blog, none of its contents should be read as specific legal advice.

What is a personal injury settlement?

A settlement is a contract between two parties. In the case of a personal injury claim, it is between a victim and the responsible party or the responsibly party’s insurer. In order to complete the agreement, the responsible party will offer the victim a lump sum of money as compensation for their accident-related losses. The victim can choose to accept the lump sum, but generally must waive their right to sue in the future for any further compensation for their losses.

Why might a settlement be disadvantageous to a TBI victim?

As previously discussed, TBI events often leave victims with long-term, unpredictable harm. A victim may not have a full understanding of their new limitations or needs when they are offered a settlement, and their acceptance of a settlement may preclude them from being fully compensated if their losses become extensive.

Some cases may work in the process of settlement. Others may be better suited for court. It is important that individuals talk to their trusted personal injury attorneys when considering their options for settling their TBI claims.