How Much is a Traumatic Brain Injury Claim Worth?
When a traumatic brain injury occurs, the financial impact can be just as severe as the injury itself. If you’re dealing with medical bills after an accident or trying to understand what your insurance company owes you, knowing the average settlement amounts can help set your expectations.
The average settlement for a traumatic brain injury case is typically over $100,000, with some cases being worth much more. In California, settlements for these types of injuries average around $1.6 million. On the other hand, mild injuries may result in settlements ranging from $20,000 to $80,000.
However, it’s important to note that these figures are estimates meant to provide a general idea. To gain a more accurate understanding of your specific case, it’s recommended to seek the help of a traumatic brain injury lawyer. My Lawyer Mark specializes in all types of injuries, knows the law, and knows how to win. Get a free consultation by calling (866) 721-5808.
How is a Traumatic Brain Injury Settlement Determined?
The compensation you may expect to receive for a head injury claim largely depends on the following factors:
- The severity of your injury: A concussion may require less medical attention than a severe traumatic brain injury and could result in lower medical expenses.
- Current and future medical costs: A few months of physical therapy will cost significantly less than lifelong in-home care.
- Ability to work: Someone who misses a couple of weeks of work will require less compensation than someone who will never be able to work again.
- Pain and suffering: While these factors are harder to quantify, a head injury can cause severe pain and ongoing suffering, which have monetary value and can be claimed in a legal case.
- Impact on your life: Are you able to participate in the activities you previously enjoyed, or are you limited in ways that force you to miss aspects of life you once planned for? Are you dealing with emotional distress or mental anguish that requires specialized care to overcome?
Depending on these and other factors, head injury settlements can range from a few thousand dollars to millions of dollars—for instance, in cases involving paralysis where a person will never return to their previous quality of life.
How Can a Traumatic Brain Injury Attorney Hold Someone Accountable for Your Injury?
Before you can seek compensation from someone for causing your head injury, you must prove that the individual was legally responsible for the accident, slip, or other incident that led to your injuries. A traumatic brain injury lawyer can gather the evidence needed to build a strong case and show that the other party’s negligence caused your injuries.
California law requires proof of four legal elements to establish liability for another person’s injuries and financial losses due to negligent behavior.
To hold someone accountable for your losses, your attorney must prove:
- The at-fault party had a duty of care toward you.
- That person breached their duty of care.
- You were injured as a result of the breach of duty.
- Your injuries and financial losses were caused by the at-fault party.
To establish these elements, your attorney may need specialized evidence and testimony, including accident reconstruction experts, medical specialists, occupational assessments, and other complex information. The value of your head injury claim may depend on the evidence available to support it.
Does the Value of Your Claim Change If You Settle or Go to Trial?
Most personal injury claims are resolved out of court for several reasons. First, when you reach a fair settlement, both parties know how much will be paid and can plan accordingly. If the case goes to trial, a judge or jury could award significantly more or less, making the outcome uncertain and, therefore, riskier.
Additionally, the cost of going to trial can influence settlement discussions, as insurance companies generally do not want to spend the extra money a full trial requires or risk a high verdict against their insured party.
Many cases settle even after a lawsuit is filed, using pre-trial processes such as mediation or arbitration. Again, the best way to know whether to settle your head injury claim or go to trial is to discuss your specific situation with a traumatic brain injury attorney.
Get your free consultation by calling (866) 721-5808.