Calculating your brain injury settlement requires a lawyer’s help. First, you and your lawyer will have to determine the type of damages to seek. You may consider damages for the loss of earning capacity, as a brain damage can seriously affect your ability to work. If you are unable to do your job, or lose employment because of your injury, you can include the loss of current and future incomes in your claims.
Second, you have to add the expenses that you will need to pay in pursuing your claims. Most attorneys who deal with personal injury cases are willing to work on a contingency basis, which means that they’re willing to wait for the case to succeed before they get paid. The lawyers, however, will also be advancing money out of their own pockets to pay for any expenses over the course of the case. This includes fees for hiring medical experts on brain damage, court expenses, and gathering evidence.
Finally, you may also add extenuating factors to your settlement. For example: there may be multiple parties you will want to sue for negligence--this can raise your settlement value. The other factors that may affect the compensation due to you include who the plaintiff is and the clearness of liability. An experienced attorney will know which areas of settlement would be worth pursuing, and will guide you in determining the amount that would be rightfully due to you.