How Much Should I Ask for a Head Injury in a Home Depot Slip-and-Fall Accident in California?

Maison Law represents brain and head injury victims. If you or a loved one has sustained a head injury in a Home Depot slip-and-fall accident, you may face overwhelming expenses such as rehabilitation, medical care, medicare, and psychotherapy.

Since serious head injuries require extensive medical procedures, it is essential to consult with a Traumatic Brain Injury Lawyer about your incident to understand the full value of your case. For a free, no-risk consultation contact Maison Law today for a confidential, no-cost consultation.

Determining Settlement Value for a Traumatic Brain Injury in California

The aftermath of a traumatic brain injury (TBI) doesn’t just end after an accident. Victims of TBIs tend to accumulate enormous medical bills and are likely to require long-term care. As a result, a traumatic brain injury case often settles amongst the highest figures among all personal injury claims, ranging anywhere from $100,000 to millions of dollars. But with that said, it is difficult to provide an average settlement amount for brain injury cases. However, there are key factors that determine TBI settlement value:

• The severity of the injury
• The characteristics of the victim
• The value of our non-economic damages
• Whether you are awarded punitive damages
• The financial position of the at-fault party

At Maison Law we believe that brain injury victims deserve fair compensation. However, every circumstance is different, and certain factors can bring value to the case or reduce what a case is worth.

Head Injury Settlements in California Home Depot Trip-and-Fall Accidents

Head injuries can range anywhere from mild concussions to permanent brain damage. Depending on the severity of the injury, these settlements can land anywhere from the $10,000 to $1,000,000 range. For example, if your head injury requires surgery, or results in permanent damage, then your settlement will most likely be substantial. Average head injury settlements include:

• Low settlements: low settlements usually consist of minor accidents with little to no injuries. These could include bruises or minor cuts. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
• Moderate settlements: moderate settlements apply to accidents with moderate injuries such as concussions or skull fractures. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
• High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your slip-and-fall case is essential to knowing the value of your lawsuit. While these factors won’t necessarily eliminate your chance at compensation, they can reduce them. These factors include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove Home Depot’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

Common Types of Brain and Head Injuries

Brain injuries are divided into two broad categories: open-brain injuries and closed-brain injuries. The main difference between the two categories is whether or not the skull was penetrated. A closed-brain injury means the skull was not penetrated, whereas an open-brain injury implies the skull was penetrated during the incident. Within open and closed brain injuries are numerous injuries that can occur. These include:

• Concussions: a concussion is classified as a closed-brain injury, ranging from minor to severe. They typically occur after blunt force trauma to the head, causing the brain to move inside a person’s head. For example, concussions are common after a sudden collision during a car accident, or a football player being hit in the head unexpectedly by another player.
• Hematomas: hematomas occur when there is pooling or clotting of blood around the brain as a result of a ruptured blood vessel. Blood clots in the brain can put a person at risk of suffering permanent brain damage due to the lack of blood to the brain. If the brain doesn’t receive blood it can result in an Ischemic stroke, which will cause brain cells to die, resulting in permanent loss of body functions or death. Ischemic strokes are the most common type of stroke resulting in around 80% of all strokes according to the Cleveland Clinic.
• Edemas: edema occurs when there is swelling around the brain. This injury is dangerous because it can cause the brain to swell against the skull, leading to pressure on various parts of the brain and causing permanent damage.
• Hemorrhages: a hemorrhage is when there is uncontrolled bleeding around the brain, which can put too much pressure on the organ and cause permanent damage.
• Skull fractures: A skull fracture can weaken the structure of the skull, meaning the brain is more susceptible to damage if a person suffers additional blows to their head.
• Diffuse axonal injury: this injury occurs when the axon cells in your brain are damaged. When these cells are damaged, a person can lose essential functions permanently if they do not receive immediate treatment for damaged brain cells.

Contact a Home Depot Slip-and-Fall Accident Lawyer in California

It is recommended to speak to a lawyer as soon as you suffer a brain or head injury due to the extensive level of treatment involved. While insurance may cover medical costs, the Slip-and-Fall Attorneys at Maison Law can help recover compensation to secure you and your family’s financial future.

At Maison Law, we specialize in the complex legal process of taking on major corporations like Home Depot. We have the resources to aggressively pursue the maximum amount of compensation for your injuries and will represent you in court if necessary. Contact Maison Law today for a no-cost, no-risk consultation. There are no hidden fees for our services and you won’t be charged a cent unless your case is won.