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3 things that can influence a settlement after a brain injury

On Behalf of | Oct 29, 2021 | Serious Injuries

A brain injury can greatly impact your life as well as those around you. Depending on the severity, a brain injury victim may suffer permanent damage that may affect their ability to live a normal, independent and productive life. 

Brain injury happens when an external force causes injury to your brain and cranium. This can happen following a car accident, a violent act or a slip and fall on a hard object. If you have sustained a brain injury as a result of someone else’s negligence, you may be eligible for compensation to help alleviate some of the expenses and burdens that may come with the injury. But, do you know how brain injury settlements are determined in Louisiana?

Here are some of the factors that can influence your brain injury settlement:


In circumstances where fault for the underlying accident that resulted in your injury is clear, the settlement value will be higher. However, in situations where the fault is disputed, the defendant may be reluctant to offer a fair settlement. That said, Louisiana is a comparative negligence state. This means that your settlement will be reduced according to any percentage of fault for the accident that is attributed to you. 

Number of defendants

In a situation where there are multiple parties who may be liable for the accident, each party will probably be represented by their insurance providers. This may be an issue when it comes to how much each defendant will pay. (It could actually increase the total settlement amount to the victim, based on each party’s insurance policy limitations).

Where the case will be adjudicated

Some courts tend to be more conservative than others and are known to issue lower awards than other courts. Additionally, insurance adjusters are always on the lookout for how they can minimize the award amount. 

The claim value in a brain injury case depends on a number of factors. If you have suffered a brain injury as a result of another party’s negligent acts, it is important that you put together the appropriate evidence to ensure that you win your case and get the compensation you deserve for your injury and damages.