How a Brain Injury Settlement or Verdict Works

Brain injury lawsuits can be complex and challenging to navigate. Many factors affect the outcome of a brain injury settlement or verdict.

However, some elements in your case matter more than others. The following five key factors can impact the amount of compensation you receive in your brain injury case:

Liability in Brain Injury Settlements and Verdicts

Liability refers to the person responsible for the injury. When you pursue a brain injury lawsuit, you claim someone else’s negligence caused the brain injury.

Liability can involve more than just one other person. It may include:

  • individuals
  • institutions, like hospitals and surgery centers
  • manufacturers
  • and more

It all depends on how the injury first happened and why.

A party can also be held partially responsible. In that situation, the settlement or jury award might represent a fraction of the overall costs for the brain injury, in order to reflect the level of responsibility.


Insurance coverage determines ahead of time how the responsible party will pay if they’re found liable. But it can also help cover your costs when the other person doesn’t have insurance or is underinsured.

For example, car accidents are one of the most common ways brain injuries happen. And because not every driver has insurance, your own uninsured motorist coverage may cover the costs. Umbrella liability policies and homeowner policies may also come into play.

It depends on the situation, and a good attorney can help you understand all your options.

Brain Injury LawyerSeverity of the Injury

Severe brain injuries can result in permanent disabilities, long-term medical care, and a reduced quality of life. For that reason, settlements and verdicts in these cases tend to be higher than your average injury case.

The more severe the injury, the more compensation you can hope and expect to receive.

Economic Damages

Economic damages refer to the financial losses incurred as a result of your injury, such as:

  • medical bills
  • lost wages
  • future medical expenses
  • and more

The more significant the economic damages, the higher your settlement or verdict is likely to be.

Negotiation Skills

Your lawyer’s negotiation skills can also determine the amount you get in a brain injury settlement or verdict. As an experienced brain injury lawyer myself, I’ve seen it personally.

Skilled negotiators can often secure much higher settlements for their clients by leveraging our knowledge of the law, familiarity with the legal system, and persuasive communication skills.

We can also help you decide when to settle vs. go to trial. We make sure you understand your options and why one might be a better choice for you than another.

Darrell Castle downtown Memphis attorneyFinding the Right Brain Injury Lawsuit Attorney

In conclusion, if you or a loved one has suffered a brain injury, it is essential to work with an experienced brain injury lawyer who understands the legal process and can help you navigate the complex issues involved.

A skilled team will assess all these big factors that impact your case and work to maximize the compensation you receive.

What’s more, a great brain injury lawyer will show you and your family compassion and respect. We’ll stand by your side every step of the way. And we’ll communicate with you and your loved ones, so you never feel left in the dark.

Our Memphis brain injury lawyers do this for our clients every day. What’s more, we don’t make a cent unless and until you do.

Get started today with a free consultation. Just call me at 901-327-2100 or fill out the form on this page.