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How Much is a Head Injury Claim Worth?

After an accident injures you, you might wonder about the average payout for a head injury.

In reality, the compensation for such injuries can vary significantly. The severity of the injury, its impact on the victim’s daily life, necessary care, and potential for future functioning and employment all determine the final payout.

Certain head injuries can lead to profound and lasting mental, emotional, and physical effects, affecting both the victim and their family indefinitely. Consequently, successful personal injury lawsuits may result in substantial compensation.

Depending on the specifics of the situation, payouts could range widely. For instance, an accident victim who recovers from a head injury within a few weeks might receive less than someone with permanent paralysis who can no longer lead a normal life.

Given the diverse range of head injury types, symptoms, and contributing factors, arriving at an exact average payout is challenging. If you or a loved one experienced a head injury or if someone has lost their life due to a head injury caused by someone else’s negligence, you may recover compensation to cover expenses, costs, and the resulting pain and suffering.

The amount you receive depends on your unique circumstances and the specifics of your case rather than based on an abstract average.

To maximize your chances of receiving the highest possible compensation, always consult a personal injury lawyer with experience in head injuries. They possess the knowledge and experience to secure the best payout for your situation.

Settlement Amounts for Brain Injuries

How Much is a Head Injury Claim Worth

Suffering a traumatic brain injury can be one of the most severe consequences of an accident. Even if your symptoms improve over time, always seek immediate medical attention for a traumatic brain injury. Proper medical care can significantly reduce the risk of lasting damage.

Various factors can influence the potential settlement for a traumatic brain injury (TBI) case. The figures provided here serve as general averages and may not reflect the exact amount you’ll receive in your specific case.

Settlements for traumatic brain injury cases regularly involve hundreds of thousands of dollars in compensation. Some cases may be valued even higher, with multi-million-dollar settlements not uncommon in these situations. The jurisdiction where your accident occurred can also impact what your claim is worth. Medical care is more expensive in certain states, leading to higher compensation.

The type of brain injury can also affect settlement amounts. For example, many insurance companies undervalue concussion claims.

Concussions often lead to a diagnosis of a “mild TBI.” Despite this common “mild” diagnosis, concussion symptoms may persist for weeks, while others might experience lingering issues for months or longer. Concussions are serious matters that deserve full compensation.

Potential concussion symptoms include:

  • Headaches or a sensation of pressure in the head
  • Nausea or episodes of vomiting
  • Confusion or difficulties with memory and concentration
  • Sensitivity to light or noise
  • Blurred or double vision
  • Problems with balance
  • Feeling sluggish, hazy, or groggy

While symptoms of a concussion typically manifest soon after the injury, certain signs may take hours or even days to become apparent. Further, each occurrence of a concussion increases the risk of complications after another one.

Never accept less than you deserve for a concussion diagnosis. These are still serious TBIs that require medical care and, often, time away from work and activities. A concussion can disrupt your life physically, mentally, and financially, and an injury lawyer can seek what you deserve for your losses.

Car Accidents and Traumatic Brain Injury Settlements

Car accidents cause many traumatic brain injuries. Settlement amounts can significantly vary, influenced by the severity of the brain injury, liability, and overall damages.

Where the brain injury leads to a substantial change in lifestyle and hurts the victim’s employability, settlements can escalate. Injuries with permanent consequences might exceed auto insurance policy limits, causing your attorney to seek other avenues for the remainder of your compensation.

Settlements for Slip and Fall TBIs

No one anticipates leaving their home only to encounter a life-altering injury from a slip and fall accident.

Property owners who neglect to maintain a reasonably safe environment for visitors may face the responsibility for injuries resulting from slip and falls. Brain injuries are a common outcome, as individuals may strike their heads during the fall.

Establishing liability of the property owner will maximize your slip and fall settlement. Insurance adjusters may approach these claims skeptically due to lack of objective evidence.

Proceeding to trial often leads to higher settlements. Jury awards can even reach into the millions when someone suffers a permanently disabling head injury from a fall.

Settlements for Sports-Related Brain Injuries

Approximately 10 percent of all traumatic brain injuries each year stem from sports and recreational activities. Athletes, particularly those engaged in high-contact sports, face an elevated risk of brain injuries.

Victims of sports-related brain injuries may suffer lifelong consequences. The impact extends beyond the victim, affecting family members who may grapple with financial, caregiving, and legal challenges.

Settlements and verdicts for sports-related traumatic brain injuries exhibit considerable variance, ranging from nominal amounts to seven figures.

Brain Injury Settlements for Blasts

Certain professionals working in industries with inherent risks, as well as active military personnel, face injuries from explosions and fires, including traumatic brain injuries. Debris and shrapnel propelled by explosions may strike an individual’s head, thereby causing a traumatic brain injury.

Even a seemingly minor explosion can induce brain damage through shockwaves and result in post-traumatic stress disorder. Depending on the context, settlements arising from such incidents can reach into the millions.

Determining the Value of a Head Injury Claim

The value of a head injury claim relies on many factors. Following an accident resulting in a head injury, your personal injury attorney will thoroughly evaluate your case to estimate its value and determine the appropriate settlement range to pursue.

In their investigation and determination, they will consider the following factors:

Fault

To establish your case, your attorney must demonstrate that another party acted negligently or recklessly, leading to the accident that caused your injuries. Once they establish fault, they can pursue a claim with that person’s insurance company.

Note that negligence doesn’t require intent to harm; instead, it focuses on the failure to fulfill a duty of care.

Legally proving negligence involves demonstrating:

  • The responsible party had a duty of care towards you
  • They failed to fulfill or disregarded that duty
  • This failure directly led to the accident, resulting in your injuries
  • You suffered actual damages as a consequence

Extent, Severity, and Permanence of Injuries

Head injuries can impact each individual differently. Minor injuries may be external, such as bumps, bruises, and surface wounds that don’t directly affect the brain. Conversely, a traumatic brain injury (TBI) is a direct brain-affecting injury resulting from sudden, external physical trauma.

According to the Brain Injury Association of America, over 1.5 million people experience traumatic brain injuries (TBI) annually. Of those, around 50,000 succumb to their injuries, and approximately 80,000 confront long-term injuries necessitating rehabilitative care.

In severe cases, a significant TBI may render the victim unable to communicate or engage with loved ones. The individual’s quality of life can substantially decrease while undergoing extensive care and rehabilitation to overcome the injury.

Debilitating effects from a TBI can persist for varying lengths of time, ranging from weeks to years. Some individuals will never fully recover, living with enduring memory loss and an inability to concentrate.

More pronounced brain damage resulting from head injuries can cause catastrophic symptoms like paralysis, coma, cognitive impairments, as well as emotional and behavioral changes that profoundly impact personal relationships and quality of life or, in extreme cases, lead to fatality.

Maximizing Compensation for Severe Traumatic Brain Injuries (TBI)

When an individual is diagnosed with a severe traumatic brain injury (TBI) following an accident caused by another person’s actions, they might seek a substantial settlement, often exceeding average compensation amounts.

To ensure they consider the full scope of damages, a skilled lawyer should comprehensively evaluate the impact of the TBI.

Costs and Expenses

Your settlement amount should comprehensively account for all the financial implications arising from the severe TBI.

This includes:

  • Ongoing Treatment, Care, and Rehabilitation Costs: Severe TBIs necessitate extensive medical attention, often involving long-term treatment plans, specialized care, and rigorous rehabilitation. These expenses should be factored into the settlement to ensure continued access to the required medical resources even after the case resolves.
  • Medications and Medical Equipment Costs: The costs associated with prescribed medications and specialized medical equipment can accumulate significantly. Ensuring coverage for these ongoing expenses is crucial for maintaining the highest possible quality of life.
  • Lost Income and Future Earnings: A severe TBI can have a profound impact on one’s ability to work and earn a livelihood, potentially resulting in immediate lost wages and potentially long-term diminished earning capacity. Both current and future earnings should factor into the settlement equation.
  • Funeral Costs in Case of Wrongful Death: In tragic cases of wrongful death resulting from a severe TBI, the settlement should encompass funeral expenses. Surviving family members deserve financial support during an undoubtedly challenging time.
  • Property Damages from the Accident: In addition to personal injuries, accidents often lead to property damage. Repair or replacement costs for damaged property should be part of the settlement to ensure all losses are adequately covered.

Long-Term Care and Quality of Life

Given the profound and lasting effects of a severe TBI, long-term care considerations should play a crucial role in determining the settlement amount.

This may include:

  • Assisted Living or Nursing Care: Some severe TBI cases may necessitate ongoing assisted living arrangements or specialized nursing care. These costs must be accounted for in the settlement to guarantee the individual’s continued well-being.
  • Quality of Life Enhancements: Settlements should facilitate access to resources that improve the individual’s quality of life. This may involve home modifications, mobility aids, or other accommodations that enhance daily living.
  • Emotional and Psychological Impact: Severe TBIs can have a profound emotional and psychological impact on the victim and their loved ones. Always consider the potential need for counseling, therapy, or other mental health support services.
  • Skilled Legal Counsel: Seeking the counsel of an experienced personal injury attorney specializing in severe TBIs is crucial for navigating the complexities of such cases. They possess the knowledge to accurately assess damages and pursue a settlement that carefully addresses the full spectrum of physical, emotional, and financial consequences.

Remember, each severe TBI case is unique, and the settlement amount should cover the specific circumstances and needs of the individual affected.

Maximize Your Compensation: Hire an Attorney Today

The sooner you hire an personal injury attorney, the sooner you can protect your rights and maximize your compensation. Having an attorney on your side from the beginning will only benefit your claim. Their services will also allow you to heal and recover while receiving assurance that they will handle your complex legal claim in the best way possible. Seek your case evaluation for free today.

Lauren Varner, Personal Injury Attorney

Lauren is a Personal Injury Attorney. She is Colorado native who became involved with the field of personal injury long before she became an attorney. Lauren’s professional philosophy centers around good old fashioned hard work, producing quality work product, and treating others professionally, with dignity and respect at all times.

Awards and as featured on

National Trial Lawyers Top 40 Under 40 Included in TOP 40 Under 40 by The National TRIAL Lawyers in Centennial CO Varner Faddis Top Lawyers Denver Badge – 5280 Magazine American Institute of Personal Injury Attorneys 10 Best Attorney Top 40 Under 40 5280 Denver Top Lawyers