Traumatic Brain Injury Settlements: How Much is a TBI Case Worth?
Determining the average settlement for traumatic brain injuries is tricky. Many variables go into the value of settlements, including severity, the victim’s age, and the circumstances surrounding the accident. The worst thing you can do is settle for less than you deserve. If you’ve suffered a traumatic brain injury caused by another’s carelessness, call the personal injury attorneys at NST Law to learn how to seek compensation.
If you or a loved one suffered a traumatic brain injury, your family might struggle to keep up with accumulating medical bills and other related expenses. If another party’s negligence is responsible for the injury, you might be eligible for reimbursement for out-of-pocket costs and compensation for your pain and suffering. This is true whether it’s a brain injury from a car accident, slip and fall, violent assault, or other trauma.
Understanding how brain injury settlements are valued is important so you can negotiate from a position of strength and receive a fair settlement. Any settlement should consider the full extent of your injuries and what you will need for future treatment and therapy. The legal process surrounding traumatic brain injuries can be complex, and insurance companies will try to pressure you into accepting less than what you deserve.
The skilled personal injury lawyers at NST Law can help you pursue fair compensation for your damages. NST Law has extensive experience handling brain injury settlements and can provide the support and guidance you need to navigate the legal process. Contact us today for a free consultation and learn more about how NST Law can help with your traumatic brain injury case.
Factors Impacting the Value of Traumatic Brain Injury Settlements
A traumatic brain injury alters a person’s life in a split second and instantly changes their family’s financial reality. In cases where issues with memory, concentration, balance, and coordination prevent the main breadwinner from making a living, lost wages and earning potential can have devastating consequences. Your family shouldn’t pay the price when someone else was at fault. Compensation from a personal injury lawsuit can help ease your financial burden and allow you to focus on healing.
You may wonder how much compensation you can get for a traumatic brain injury. Since each patient and injury is unique, the average settlement amount is difficult to pinpoint. However, several factors may help determine the amount of compensation you can receive.
Severity of Injuries
Generally, the more severe your injuries, the higher your settlement can be. A mild traumatic brain injury may cause a concussion with symptoms lasting a few months, while a more severe injury could result in lifelong post-concussive syndrome or permanent cognitive impairment such as memory loss, brain fog, dizziness, and more.
Some traumatic brain injury victims will require care for the rest of their lives. As a result, younger patients are more likely to receive larger settlement amounts because they will need more money throughout their lifetime for medical treatment.
Lost Wages and Decreased Ability to Earn a Living
Whether you can still work also determines how much money you can receive in a traumatic brain injury settlement. You’re entitled to compensation for lost wages and future earnings if you cannot hold a job or are forced to take a lower-paying position because of your injuries.
Emotional Distress and Pain and Suffering
Severe injuries such as traumatic brain injuries can negatively impact your quality of life and relationships with loved ones. If you suffer from loss of enjoyment of life, personality changes, and altered relationships due to your traumatic brain injury, you can ask for compensation for pain and suffering.
Many states operate on the principle of comparative negligence. In those states, any damages awarded will be reduced proportionally by your share of responsibility for the accident. For example, if you are deemed 20 percent at fault for your injuries, you would only receive $80,000 of a $100,000 settlement.
Some comparative negligence states like Tennessee set a further bar for recovery, prohibiting those at least 50 percent responsible for an accident from recovering. It’s important to speak with an attorney to fully understand the laws that apply in your state.
When the other party behaved with gross negligence—reckless disregard for your safety—you may receive additional compensation called punitive damages to punish the behavior and deter it in the future. This is common in accidents in which the responsible party was under the influence of drugs or alcohol (DUI).
Insurance Policy Limits
The combined coverage limit of insurance policies applicable to your case determines how much compensation you can collect. This is true regardless of other factors. An experienced traumatic brain injury lawyer can advise you on how much coverage is available for your damages.
Case Examples and Settlement Amounts
Our attorneys have helped thousands of brain-injured clients receive the fair compensation they deserve. Some of our top results include the following:
- $2.2 million for an auto accident caused by a construction company
- $1.5 million for a couple injured in a catastrophic car accident
- $1.3 million for an infant death from a motor vehicle wreck
- $1.8 million for a 61-year-old woman who suffered catastrophic injuries
- $561,916.90 for a workers’ compensation claim arising from a traumatic brain injury accident
Range of Settlement Amounts for Traumatic Brain Injury Cases
Compensation for mild to moderate traumatic brain injuries is often in the six figures, but some cases may settle for millions of dollars. Consulting an attorney who handles personal injury cases involving brain injuries is the best way to evaluate how much your traumatic brain injury case may be worth.
Should I Settle with the Insurance Company?
Be cautious of accepting initial and early offers from insurance companies that want to settle quickly. They aim to pay as little in damages as possible to protect their bottom line. It would be a mistake to settle for less than you deserve because you feel pressured or need money to cover medical debt. Settling too early can cause you to miss out on the financial support you’ll require long-term.
Experienced Counsel Counts
Understanding the value of your traumatic brain injury case is critical. It can take time to learn the full scope of your injuries and assess to what extent you will recover from them. Patients who don’t make a full recovery from traumatic brain injuries often require costly medical care and therapy for the rest of their lives. Even mild traumatic brain injuries can be financially devastating for families. You shouldn’t pay for someone else’s mistake.
Why Choose NST Law for Your Traumatic Brain Injury Case?
You need an experienced personal injury attorney representing your interests. We’re prepared to negotiate a fair settlement with the insurance company or build a case to present before a jury on your behalf. The knowledgeable team at NST Law can help you assess what you need to live comfortably moving forward. In some cases, your attorney will consult experts in the field who can speak to your expected recovery and what services you may require down the road, including:
- Medical or surgical interventions
- Home or vehicle modifications
- Long-term care costs
With offices in Tennessee, Arkansas, Missouri, Mississippi, and Illinois, NST Law has more than 30 years of experience, with over 30 attorneys and 120 support staff on our team. When you need the best in the business to represent your traumatic brain injury case, Call the Champs at NST Law.