What Is the Average Settlement for a Traumatic Brain Injury?

An injury that is caused by someone else’s negligence isn’t always intentional. The driver who crashed into your car because they weren’t paying attention to the road wasn’t malicious; they were just negligent.

Of course, a driver who gets behind the wheel of their car while intoxicated crosses the line and is intentionally putting others in danger.

In either scenario, the injured party should not be responsible for any financial losses.

Every injury will have a range of medical expenses. However, a traumatic brain injury (TBI) might be at the higher end of that range because of the need for ongoing care and therapy.

That is why it is crucial to work with an attorney to calculate an accurate settlement amount.

The attorneys at Western Justice Associates, PLLC have extensive experience in these types of cases. We understand the recovery challenges associated with a TBI, and we’ll always fight to ensure our clients receive the maximum benefits they are entitled to.

What Factors Go into Determining the Value of a TBI Settlement?

When your attorney begins to put together a settlement demand letter, they need to consider the totality of the impact of the injury. The following are some of the key factors that are utilized to calculate the settlement number:

Severity of Your Injury

Every brain injury is different. Someone could slip on a wet grocery floor, hit their head, and suffer from a mild concussion. That might cause them to experience symptoms for anywhere from several days to a few months.

Another fall victim could be diagnosed with post-concussive syndrome, with specific symptoms lasting for their lifetime. That is just the concussion category. Many other types of TBIs also have varying degrees of severity.

Long-Term Medical and Care Needs

When the victim of a traumatic brain injury is diagnosed with a lifelong impairment, it can mean extended medical and care needs. The younger the victim, the longer the care will go on.

That will require a larger settlement amount.

Ability to Work

If the TBI prevents you from working, you can demand that the settlement include your immediate lost wages and your lost wage-earning capacity. You might be able to take on a part-time job with a lower earning capacity.

If that happens, you should still be compensated for your lost earning capacity.

Pain and Suffering

Not all the symptoms of a TBI relate to physical challenges. There could also be emotional challenges, such as a personality change.

Mobility confinements can lead to the loss of friendships and the inability to enjoy life like you could before the accident. These would fall under the category of pain and suffering and become part of the noneconomic damages you can seek in a settlement.

Punitive Damages

Suppose the at-fault party exhibited gross negligence, such as driving while intoxicated, then punitive damages can be applied to your settlement as a monetary punishment. A jury typically awards these damages.

Insurance Policy Limits

If you’re filing a claim against the at-fault party’s insurance company, you are bound by the coverage limits. In other words, if the at-fault party has a $50,000 auto insurance liability policy, you would only be able to collect $50,000 even if your expenses far exceed that amount.

For the additional compensation, your attorney might advise you to file a civil complaint directly against the at-fault driver.

What Is the Range of Settlements for a TBI?

Now that you understand the factors that go into determining a settlement for a TBI, you’ll have a better appreciation of the potential range of settlements for a TBI.

Consider the following:

• Mild TBI – $50,000
• Moderate TBI – $100,000 to several million dollars
• Severe TBI – $1 million to $10 million or more

Working With Western Justice Associates, PLLC for Your Settlement

Recovering from any type of TBI will be a challenge. It requires focus, physical and occupational therapy, and rest. You don’t want to add any more stress to the recovery process. That’s why you should seek support from Western Justice Associates, PLLC.

Our attorneys can offer the guidance you need to make informed decisions about the best approach for pursuing a settlement for your TBI. If we agree to take on your case, we will work closely with you to determine a fair settlement to cover all your economic and noneconomic damages. That support begins with a free consultation.

Call to schedule that talk today.