For example, if a survivor was injured on a defective machine, the manufacturer of the machine could possibly be liable. A personal injury action usually starts with an effort to negotiate a settlement without court action. If that is unsatisfactory, a lawsuit is filed. Ultimately, if a settlement can not be reached, the case will be tried before a court and a jury. The reason for the higher compensation is that the survivor is entitled to be compensated for the full pain, suffering and disability incurred by the survivor.
Medical bills are fully recoverable, as well as is the loss of earning capacity.
Brain injury damages are best suited to the full process of proof that a court case entails. While no amount of money can replace what a survivor has lost, juries tend to do their best when presented with the complete picture of disability. T he problem in most personal injury cases for the brain injured survivor will be finding enough insurance, or a deep enough pocket, to fully compensate for the loss. By a deep pocket, it is meant a company or individual with the capacity to pay a large verdict or settlement. With the cost of extended hospital care being several times the average person's auto insurance limits, this is an issue in most auto cases.