Traumatic Brain Injury Settlement: What Amount Will I Get?
Posted on Wed May 19, 2021
A serious traumatic brain injury changes your and your family's life. While brain injury compensation can help you pay for the many expenses incurred during your recovery, money cannot make up for what you have lost. That's not to mention the weight of the struggle you go through due to another party's negligence. In this article, we talk about brain injury settlements and what you can do to ensure that you maximize all possible channels that will guarantee your and your family's well-being in the long term.
What is the Average Settlement for Traumatic Brain Injury?
Because every case is different, there is no true average settlement for traumatic brain injury. Mild traumatic brain injury settlements differ greatly from those in which the victim is seriously and permanently impaired. There is no way to determine exactly how much you will receive beforehand.
However, damages for mild to moderate traumatic brain injuries frequently exceed $100,000. When a person is severely affected and will need lifetime care, including rehabilitation, ongoing caregiving, specialized equipment, and the like, the settlement can reach into the millions. That may sound like a lot of money, but the reality is that the cost of care for a severe traumatic brain injury is astronomical.
Factors That Influence Brain Injury Compensation
- Level of severity: A head injury settlement amount is primarily based on the severity of the plaintiff's injury and their prognosis.
- Liability: When there is no question that the defendant is liable for causing the traumatic brain injury, the head injury settlement amount should be higher.
- Plaintiff characteristics: Information on the age, occupation, and medical history of the plaintiff play a role in brain injury compensation. A young brain injury victim, or a person who will never work again or work at their former level, will likely receive higher compensation than an older retired person.
Types of Brain Injury Settlements
The average settlement for traumatic brain injury varies depending on the type of settlement you agree to. A person who lost a few weeks from work due to a concussion cannot expect to receive the same amount as someone requiring months or even years of rehabilitation. Brain injury settlements are based primarily on injury severity.
Minor brain injury settlement
A concussion is a mild traumatic brain injury, and the concussion settlement value depends on the length of recovery and whether or not there are ongoing symptoms. Most people recover from a concussion within a month, but, for some, cognitive impairment can persist for a long time.
Moderate brain injury settlement
A moderate traumatic brain injury often has lifelong consequences. The person may deal with mood disorders, cognitive issues, decreased attention span, chronic pain, and insomnia. For such cases, the settlement amount goes higher.
Severe brain injury settlement
A person with a severe brain injury usually suffers a lifelong disability. Even if they recover to some degree, they will never regain normal functioning. The settlement takes into account the degree of impairment, which may include coordination difficulties, seizures, memory loss, and, in a worst-case scenario, existence in an unconscious or vegetative state.
Damages Brain Injury Victims Can Recover
Damages for brain injury victims fall into two categories: economic and non-economic. Calculating the average settlement for traumatic brain injury economic-wise is relatively straightforward, as the damages consist of:
- Medical expenses (current and future)
- Lost wages
- Loss of earning capacity
- Cost of special equipment
- Property damage if the injury was due to a motor vehicle accident
For loss of earning capacity, a vocational expert will testify how much you may have expected to earn based on your educational level, employment before the injury, and opportunity for advancement. Many traumatic brain accident victims can no longer work or will never work in the same capacity.
Non-economic damages are more subjective. Assigning a dollar amount on these damages is often dependent on the individual's case.
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
To calculate non-economic damages, a lawyer may have relatives and friends testify on the plaintiff's emotional state and how they can no longer enjoy the activities they participated in prior to the head injury.
A skilled personal injury lawyer calculates these damages so that their client receives the compensation they will need over the long term. For instance, some traumatic brain injury victims will require lifelong care in a nursing home or a similar facility. The personal injury lawyer should ensure that all damages are fully represented in the settlement amount.
Don't Settle for Mediocre Compensation. Call Warren & Simpson Today!
If you or someone you know suffered a traumatic brain injury as a result of another party’s negligence or recklessness, you need the services of the experienced, compassionate personal injury lawyers at Warren and Simpson.
Call us today or contact us online to arrange a free initial and confidential consultation. Our dedicated personal injury attorneys at Warren & Simpson work hard to maximize brain injury compensation so you can care for your present and future needs. Our work is performed on a contingency basis, so you pay no fee unless you receive damages.