If you or a loved one suffered a traumatic brain injury in an accident caused by a negligent party, you may be able to pursue compensation for your damages. Traumatic Brain Injuries (TBIs) can have life-altering consequences. Additionally, the medical bills incurred can quickly add up, causing financial strain. Victims of TBIs may be able to pursue compensation to cover medical expenses, lost wages, and pain and suffering. The average settlement for traumatic brain injury can vary depending on different factors. An experienced traumatic brain injury lawyer can help you thoroughly investigate the incident, prove liability, and hold the responsible party accountable.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a complex and potentially life-altering condition that is typically caused by a sudden, violent blow or jolt to the head. It can also occur when an object penetrates the skull and goes through brain tissue.
TBIs vary in severity, ranging from mild concussions to severe injuries causing long-term cognitive impairment or even death. The immediate impact of a TBI can include symptoms such as loss of consciousness, confusion, and memory loss. However, the true complexity lies in the potential long-term consequences, affecting cognitive functions, behavior, and emotional well-being.
Auto Accidents and Traumatic Brain Injury Settlements
Motor vehicle crashes are a significant contributor to traumatic brain injuries. According to the Centers for Disease Control and Prevention, motor vehicle crashes account for 55.8% of TBI-related deaths in people between the ages of 5-14 and 47.4% in young adults (15-24). The force of impact, the use of safety measures like seat belts and airbags, and the speed of the vehicles involved all play roles in determining the severity of the TBI.
Common Symptoms of Traumatic Brain Injuries
- Loss of consciousness
- Dizziness or loss of balance
- Nausea or vomiting
- Blurred vision
- Sensitivity to light or noise
- Mood swings
- Difficulty speaking
- Loss of coordination
- Ringing in the ears (Tinnitus)
Types of Traumatic Brain Injuries
Traumatic brain injuries can manifest in various forms, each with its unique set of challenges and implications. The frontal and temporal areas of the brain are typically the main areas involved.
Concussion – A concussion is typically a mild brain injury that is often associated with temporary loss of consciousness or confusion. Settlements for mild traumatic brain injuries may be lower but can still encompass medical costs and potential long-term effects.
Contusion – A contusion is a bruise on the brain resulting from direct impact. Settlements for contusions may involve compensation for medical treatment, rehabilitation, and potential long-term cognitive issues.
Diffuse Axonal Injury (DAI) – This involves damage to nerve fibers, often occurring in high-impact car accidents. Settlements for DAI may be higher due to the potential for severe and lasting neurological damage.
Penetration Injury – A penetration injury occurs when an object penetrates the skull and damages the brain. Settlements for penetration injuries often involve extensive medical costs, future medical expenses, and compensation for significant impairment.
Average Traumatic Brain Injury Settlement
Determining the average settlement for traumatic brain injuries involves considering numerous factors. On average, settlements can range from thousands to millions of dollars. The severity of the injury, the impact on the brain injury victim’s life, and the degree of liability on the part of the responsible party all contribute to the final settlement amount.
An experienced traumatic brain injury lawyer can help you negotiate a fair settlement that adequately addresses the financial and emotional toll of a traumatic brain injury.
What Are the Average Settlement Amounts for Traumatic Brain Injuries?
The average brain injury settlement amounts for traumatic brain injuries vary widely and are influenced by the specific details of each case. While some settlements may be in the lower range, covering medical expenses and minor damages, severe TBIs can result in substantial settlements to address ongoing medical care, rehabilitation, and the long-term impact on the victim’s quality of life.
A free consultation with an Orange auto accident attorney experienced in TBI cases is essential to determine the potential settlement amount based on the unique circumstances of the injury.
What Factors Determine TBI Settlement Amounts?
Several key factors play a role in determining the settlement amounts for traumatic brain injuries. Understanding these factors is crucial for both brain injury victims and their legal representatives in pursuing fair compensation.
The Severity of the Injury – A more severe injury typically results in a higher potential settlement. Severe injuries often result in extensive medical bills, ongoing care needs, and significant long-term implications on the victim’s life.
TBIs resulting in permanent disabilities, cognitive impairment, or other lasting effects often lead to higher settlements to account for the victim’s long-term care and support requirements.
Liability – Establishing the degree of liability on the part of the responsible party is essential. If the defendant’s negligence or intentional actions led to the TBI, the settlement may be higher to account for punitive damages. Punitive damages are additional financial rewards imposed on the defendant. These types of damages are meant to punish the defendant for their egregious or harmful behavior.
Insurance Coverage –The insurance policies of the parties involved can impact the available funds for a settlement. If the plaintiff’s damages exceed the other party’s insurance coverage limits, an experienced traumatic brain injury attorney can help the injured victim recover the remaining damages to cover their expenses.
Long-Term Impacts – Consideration of the long-term effects of the TBI, including cognitive impairment, disability, and the need for ongoing care, plays a significant role in determining settlement amounts.
Legal Representation – The quality of legal representation can greatly influence the negotiation process, with skilled attorneys often securing maximum compensation for their clients.
Expert Testimony – Personal injury lawyers in Orange can help you gather expert testimonies from accident reconstruction specialists, engineers, medical professionals, and mental health experts. Expert testimonies can be presented to help quantify the emotional distress, and pain and suffering experienced by the victim.
How Much Is My TBI Case Worth?
Assessing the value of a traumatic brain injury case involves a thorough examination of the specific details surrounding the injury. Several factors contribute to determining the value of a TBI case, and victims should work closely with experienced personal injury attorneys to gauge the potential compensation they may be entitled to.
- Medical Bills: The cost of medical treatment, including emergency care, surgeries, rehabilitation, and ongoing therapy, is a primary factor in determining the value of a traumatic brain injury case.
- Permanent Or Temporary Injury: Whether the TBI results in permanent disability or temporary impairment significantly impacts the case’s value. Permanent injuries generally lead to higher settlements.
- Lost Wages: Compensation for lost wages, is calculated based on the impact of the TBI on the victim’s ability to work and earn a living.
- Rehabilitation and Therapy: The cost of rehabilitation programs, physical therapy, occupational therapy, and other forms of intervention.
- Medications and Assistive Devices: Ongoing expenses for medications, assistive devices, and other medical necessities.
- Emotional Distress: The mental and emotional anguish experienced by the victim, including anxiety, depression, and trauma, contributes to the pain and suffering component of the settlement.
- Impact on Quality of Life: The overall impact of the TBI on the victim’s ability to enjoy life, engage in activities, and maintain relationships is considered in assessing pain and suffering damages.
Lost Income and Decreased Ability to Earn a Living
The financial impact of the injury on the victim’s employment and future earning potential is carefully considered in a personal injury case. Brain injury settlements typically include compensation for wages lost during the recovery period, which may involve time away from work for medical treatments and rehabilitation.
If the traumatic brain injury results in a long-term or permanent impact on the victim’s ability to work, the settlement may include compensation for future lost wages. The nature of the victim’s occupation and the extent to which the TBI affects their ability to perform job-related tasks are crucial factors in determining lost wages.
Should I Settle with the Insurance Company?
Insurance companies may offer lower settlements than victims deserve, especially if they are not represented by an experienced personal injury attorney. It’s crucial to carefully consider the insurance company’s offer because once a settlement is accepted, there is no opportunity for further negotiation or pursuing additional compensation. A traumatic brain injury attorney will help you calculate the extent of your damages and fight for fair and full compensation.
Range of Settlement Amounts for Traumatic Brain Injury Cases
Lower Range Settlements: A mild traumatic brain injury with minimal long-term impact may result in a settlement in the tens of thousands to low hundreds of thousands, covering immediate medical costs and short-term rehabilitation.
Mid-Range Settlements: Moderate TBIs with more pronounced and lasting effects may lead to settlements ranging from hundreds of thousands to low millions, addressing extensive medical care, and rehabilitation.
High-Range Settlements: Severe traumatic brain injuries, characterized by profound and lasting impairment, often result in high-range settlements that can reach millions of dollars. Severe traumatic brain injury settlements aim to provide comprehensive coverage for significant medical costs, long-term rehabilitation, and the substantial modifications necessary for the victim’s living conditions.
Contact an Experienced Traumatic Brain Injury Lawyer Today
At Santiago Accident Lawyers, we are dedicated to helping personal injury victims obtain justice and recover maximum compensation for their losses. We maintain a 99% success rate and have recovered millions of dollars in compensation for our clients.
Our personal injury law firm serves Orange and the greater Orange County area and is conveniently located near the Angel Stadium of Anaheim and the Honda Center. We offer free initial consultation so there is no obligation for you to hire us. Call us today to learn more about your legal options.