A brain injury claim has two jobs: prove that the injury is real and was caused by the accident, and prove what it has cost and will cost. The pages in this section cover each part.
Which claim topics does this site cover?
Every claim topic in the plan for this site is listed below. Pages that are not published yet are shown without a link.
- Proving a brain injuryThe medical and personal evidence that carries a claim.
- Brain injury damagesEach category of loss a claim can include.
- Brain injury settlementsWhat moves the value of a case up or down.
- Workers’ comp for brain injuriesBenefits for head injuries on the job.
- Insurance claimsDealing with adjusters after a brain injury.
- Disability benefitsWhen a brain injury qualifies for disability benefits.
What has to be proven in a brain injury claim?
Fault, causation and damages. Fault is who caused the accident. Causation is whether the accident caused the brain injury, rather than something before or after it. Damages are the losses the injury has caused.
Causation is where brain injury claims are most often attacked. Insurers point to a normal CT scan, a gap in treatment or an earlier health problem. The answer is usually a combination of neuropsychological testing, the right imaging and witnesses who can describe the person before and after.
Talk to Aaron about your brain injury claim.
(240) 443-2430What decides the value of a brain injury claim?
The severity of the injury, how well it is proven, its effect on work and daily life, the insurance available and the fault evidence. Maryland limits non-economic damages in personal injury cases, and applies a separate cap in medical negligence cases. The cap amount rises each year, so the figure that applies depends on when the claim arose.
This site publishes no average settlement figures, because an average says nothing about a specific injury.