If you or a loved one wants to pursue justice after suffering an injury to the brain due to another person’s negligence, you’re probably wondering what you can claim for a brain injury in Bethlehem, PA. Since 1959, Munley Law’s brain injury lawyers have assisted those living throughout the Lehigh Valley by investigating the incidents that caused their injuries, thoroughly valuing their claims, and pursuing compensation on their behalf.
The results we achieve are a testament to our expertise. Our personal injury attorneys have obtained millions for our clients, such as an $8.7 million settlement for an accident that left the victims with traumatic brain injuries (TBIs). Multiple legal organizations, institutions, and directories, including Best Lawyers, the American Association for Justice, the National Trial Lawyers, Martindale-Hubbell, and the American Board of Trial Advocates, have recognized our lawyers. We’ve received high ratings and awards, invitations for membership, and have been named among the top lawyers in the state.
From physical and cognitive impairments to emotional and financial challenges, the consequences of a TBI can be overwhelming. When facing the aftermath of a brain injury, understanding what you can claim is crucial in seeking the necessary support and compensation. While each TBI case is unique, there are common categories of damages that individuals with brain injuries may be eligible to claim.
What are the Steps in a Brain Injury Case in Bethlehem, PA?
Suffering a brain injury can be a life-altering event, with profound physical, emotional, and financial consequences. Unfortunately, brain injuries are a relatively common occurrence in the US. According to the Brain Injury Association of America, around 2.8 million people sustain brain injuries every year.
If you or a loved one has experienced a brain injury in Bethlehem due to an accident, medical negligence, or other causes, pursuing a legal case may be necessary to seek compensation and support for your recovery. Familiarizing yourself with what happens in a brain injury case can help you understand each step of the legal process.
Let’s explore the typical steps involved in a claim:
Consultation with a Brain Injury Lawyer
The first step in claims is to consult with a specialized brain injury lawyer. During the initial consultation, you will share details of your case, including the cause of the injury, the extent of the damages, and any relevant documentation or medical records. The TBI lawyer will evaluate the merits of your case and advise you on the legal options available.
Investigation and Gathering of Injury Evidence
Once you decide to proceed with a brain injury case, your TBI lawyer will initiate an in-depth investigation.
This may involve collecting:
- Medical records
- Accident reports
- Witness statements
- Any other evidence that supports your claim
They may also consult with medical experts, accident reconstruction specialists, or other professionals to strengthen your case.
Determining TBI Liability
Establishing liability is a crucial aspect of a brain injury case. Your TBI lawyer will examine the circumstances surrounding the injury, review applicable laws and regulations, and analyze the evidence to determine who is at fault. They will work to establish a clear link between the negligent conduct of the responsible party and your brain injury.
TBI Medical Evaluation
To assess the full extent of your brain injury and the impact it will have on your life, your TBI lawyer may refer you to medical experts specializing in brain injuries. These experts will conduct thorough evaluations, provide treatment recommendations, and offer insights into the long-term effects on your health and well-being. Their assessments are crucial in determining the appropriate compensation for your damages.
Negotiations with Insurance Companies
In most cases, your TBI lawyer will engage in negotiations with the insurance companies representing the responsible party. They will present your case, including the evidence of liability and the extent of your damages, to seek a fair settlement. Your TBI lawyer will advocate for your rights and strive to obtain a compensation amount that adequately covers your medical expenses, lost wages, pain and suffering, and other damages.
Settlement or Litigation
If a fair settlement cannot be reached through negotiations, your TBI lawyer may recommend proceeding with a lawsuit. They will prepare the necessary legal documents, file the lawsuit, and represent you in court. Throughout the litigation process, your TBI lawyer will present evidence, argue your case, and work to obtain a favorable judgment or verdict.
Enforcement of Judgment
If you are successful in obtaining a judgment or settlement, your TBI lawyer will assist in enforcing it. They will ensure that you receive the compensation owed to you and handle any necessary documentation or legal procedures to secure your rightful payment.
Supporting You Throughout the Process
Throughout the entire process, your brain injury (TBI) lawyer will provide guidance, support, and legal expertise. They will keep you informed about the progress of your case, answer your questions, and protect your rights. Their goal is to achieve a fair resolution that provides you with the necessary support for your recovery and helps you rebuild your life.
It is important to remember that every brain injury case is unique, and the specific steps involved may vary depending on the circumstances. By working closely with a knowledgeable and experienced brain injury (TBI) lawyer, you can navigate the legal process with confidence, knowing that your interests are being represented and your rights are being protected.
Call Us At 844-686-5397 How is Your Brain Injury Claim Settlement Calculated?
Brain injuries can have significant and long-lasting impacts on an individual’s life, resulting in physical, cognitive, and emotional challenges.
According to the National Institute of Neurological Disorders and Stroke, some common challenges include:
- Headache
- Convulsions
- Seizures
- Slurred speech
- Weakness of arms or legs,
- Decreased level of consciousness
- Problems concentrating, making decisions, or remembering
- Mood changes or swings
- Blurred vision
- Loss of balance or coordination
If you or a loved one has suffered a brain injury due to an accident or negligence, seeking compensation through a settlement is crucial to cover the financial costs associated with the injury and support your ongoing care and rehabilitation.
Understanding how brain injury settlements are calculated is essential in ensuring that you receive fair and just compensation.
These are the factors involved in determining the value of a brain injury settlement:
Medical Expenses
The cost of medical treatment plays a significant role in calculating a brain injury settlement. This includes expenses related to hospitalization, surgeries, rehabilitation, medications, therapy, assistive devices, and ongoing medical care. Future medical expenses, such as long-term rehabilitation or specialized treatments, may also be considered.
Lost Wages and Income
Brain injuries often result in temporary or permanent disability, impacting an individual’s ability to work and earn an income. Compensation for lost wages and diminished earning capacity is typically factored into the settlement calculation. This includes the wages lost during the recovery period as well as any future loss of income due to the brain injury’s lasting effects.
Pain and Suffering Due to Head Injuries
Brain injuries can cause significant physical pain, emotional distress, and a diminished quality of life. Compensation for pain and suffering is subjective and depends on various factors, such as the:
- Severity of the injury
- Level of pain experienced
- Impact on daily life activities
- Prognosis for future recovery
These are known as non-economic damages. Your Bethlehem brain injury lawyer at Munley Law will take this into account when valuing your claim.
Long-Term Emotional Distress and Mental Anguish
Brain injuries can lead to emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues. Compensation may be awarded for the emotional toll the brain injury has had on the victim, including the need for counseling, therapy, and other mental health treatments. These are also classed as non-economic damages.
Loss of Consortium
In cases where a brain injury has caused a significant impact on the injured person’s relationship with their spouse or family members, compensation may be awarded for loss of consortium. This type of non-economic damages recognizes the loss of companionship, affection, and support suffered by the family members as a result of the injury.
Life Care Costs
Brain injuries often require long-term care and support. The cost of ongoing medical care, rehabilitation therapies, in-home assistance, modifications to the home or vehicle for accessibility, and other necessary services is considered when calculating the settlement amount.
Comparative Negligence
Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S.A. § 7102. You can still recover compensation if you were partly at fault for the accident, as long as your share of the fault is not more than 50% — in other words, you are barred from recovering only if you are found 51% or more responsible. If you are partially at fault, your recovery is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 20% at fault, your recovery is reduced by 20% to $80,000. As insurers often try to shift blame onto the injured person to lower what they pay, it helps to have a lawyer who can present the evidence needed to keep your share of fault as low as the facts allow.
Legal and Court Costs
The costs associated with pursuing a legal claim, including attorney fees, court fees, expert witness fees, and other legal expenses, may be factored into the settlement calculation. These costs are typically deducted from the final settlement amount.
What Should You Remember About Brain Injury Claims in Bethlehem, PA?
It is important to note that every brain injury case is unique, and the specific factors considered in the settlement calculation may vary based on what caused the TBI, other elements, and the applicable laws. Consulting with an experienced brain injury (TBI) lawyer is crucial in accurately evaluating the value of your claim and ensuring that all relevant factors are considered.
A skilled brain injury (TBI) lawyer will thoroughly assess the damages, gather supporting evidence, consult with medical experts, and use their legal expertise to negotiate a fair settlement on your behalf. They will also ensure your claim is filed before the two-year deadline from the date of injury under 42 Pa. C.S.A. § 5524(2) is reached. There’s an important exception to keep in mind regarding the statute of limitations. If a minor suffers a TBI, the statute is tolled or paused until their 18th birthday. When they turn 18, the clock starts ticking, giving them until their 20th birthday to file a claim. Your lawyer’s goal is to ensure that you receive the compensation you need to support your recovery, rehabilitation, and future well-being.
Remember, calculating a brain injury settlement requires a comprehensive understanding of the legal and medical complexities involved. Working closely with a dedicated brain injury TBI lawyer will help you navigate the process
Determining the exact amount you can claim for a brain injury is a complex process that depends on various factors specific to your case. The value of a brain injury claim takes into account the:
- Severity of the injury
- Extent of medical expenses
- Impact on your daily life
- Long-term effects on your physical and mental well-being
It is essential to work with an experienced brain injury TBI lawyer who can assess the unique circumstances of your case, gather the necessary evidence, and advocate for your rights to ensure that you receive fair and just compensation.
Why Choose Munley Law for Your Bethlehem Brain Injury Lawyer?
Munley Law has protected the rights of injured Pennsylvanians for almost seven decades. Over the years, we’ve built a solid reputation for treating clients like family, pouring time, effort, and energy into building the strongest cases possible, negotiating fiercely with insurance companies, fighting aggressively for justice in court, and obtaining groundbreaking client victories. Among these are $3.75 million and $2.8 million settlements for accident victims who sustained TBIs and other injuries.
Expertise like that of our Bethlehem brain injury lawyers does not go unrecognized. The National Trial Lawyers named Caroline Munley among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania, while Best Lawyers named Marion Munley Lawyer of the Year for Personal Injury Litigation and Product Liability Litigation, Daniel Munley Lawyer of the Year for Product Liability Litigation, and J. Christopher Munley Lawyer of the Year for Workers’ Compensation. All our partners have been named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list and to the Irish Legal 100 list, and all partners received AV Preeminent ratings from Martindale-Hubbell. In addition, all our attorneys are members of the Pennsylvania Bar Association.
Choose Munley Law if you’re looking for the best brain injury lawyers in Bethlehem, PA, to handle your case.
Contact Munley Law for a Free Consultation
While there is no fixed formula for calculating the precise amount you can claim for a brain injury, the aim is to seek compensation that adequately covers medical expenses, lost wages, pain and suffering, rehabilitation costs, and the long-term impact on your quality of life. Expert opinions from medical professionals and other specialists are often sought to provide an accurate assessment of the ongoing care and support you will require.
Contact Munley Law today to schedule a free consultation with our experienced Bethlehem brain injury lawyers.
Daniel W. Munley
Daniel W. Munley is an award-winning personal-injury attorney and champion of plaintiffs’ rights. For decades he’s won multi-million verdicts and settlements and is recognized as a national leader in truck and rideshare litigation, including a record $26 million truck settlement in Northeastern Pennsylvania and a $20 million recovery in 2024 for life-altering commercial-vehicle injuries.
