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What’s the Average Settlement for a Brain Injury?

What’s the Average Settlement for a Brain InjuryThere is no meaningful average settlement in brain injury cases. The compensation you are eligible to recover from an at-fault party whose wrongful conduct caused you to suffer a brain injury depends on the unique details of your case. You will need to determine your recoverable damages and calculate their value to understand what an appropriate settlement would look like in your case. A Jericho brain injury lawyer will calculate the damages that apply to your case and work to negotiate a settlement with the at-fault party and their insurer. This allows you to reach a settlement that adequately covers your losses.
Edward Friedman
REVIEWED BY Edward Friedman August 23, 2024
In This Article
Reading time: 7 minutes
  1. What Is the Value of Your Brain Injury Case?
  2. Your Attorney Will Calculate a Potential Brain Injury Settlement Value Based on Your Case Facts
  3. Who Is Liable to Pay Your Brain Injury Settlement?
  4. How Lawyers Identify and Document Damages in a Brain Injury Case
  5. What Damages Are Recoverable in Traumatic Brain Injury Cases?
  6. How Will a Lawyer Benefit Your Brain Injury Case?
  7. What Is a Traumatic Brain Injury?
  8. Learn More About Receiving a Settlement for Brain Injury

What Is the Value of Your Brain Injury Case?

The value of your case will vary depending on the severity of your brain injury and the financial losses you incur as a result. No two brain injuries are exactly the same, and neither are the damages suffered by any two brain injury victims. It is also entirely possible for two people to have similar brain injuries yet receive different settlement amounts because of differences in the other facts and circumstances of their respective claims. A lawyer will determine the value of the damages that apply to you to arrive at an appropriate amount of compensation to demand from the liable party and their insurance provider.

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Your Attorney Will Calculate a Potential Brain Injury Settlement Value Based on Your Case Facts

Each personal injury claim is unique. This is especially true when the victim suffered severe injuries. A brain injury could vary widely in its severity and how it affects the victim’s daily life. Some people recover enough to return to work and live independently, driving and managing their own daily activities such as cooking and self-care. Others have lasting deficits, meaning they need to take a lesser-paying job or cannot return to the workforce. These people might require additional trips to the doctor throughout their lives to manage their injuries or complications. Some need additional care and support at home. Those with the most severe traumatic brain injuries could require around-the-clock care at home or in a long-term medical facility. A personal injury lawyer understands all the ways a brain injury affects the victim and their family. They document the expenses and losses experienced—economic and non-economic—to determine the case's worth.

Who Is Liable to Pay Your Brain Injury Settlement?

Personal injury law firms handle a wide range of accident types. Almost any type of accident or incident could cause a brain injury, ranging from concussions to catastrophic TBIs. When someone else’s carelessness or recklessness causes these injuries, attorneys pursue justice for their clients by filing insurance claims and lawsuits. Some common types of incidents our personal injury lawyers handle include: The way brain injury lawyers develop compelling cases and hold at-fault parties accountable depends on the type of accident and other details. They gather evidence, document damages, identify liable parties, and take the necessary steps to recover compensation based on the victim’s expenses and losses.

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How Lawyers Identify and Document Damages in a Brain Injury Case

Before demanding compensation from the at-fault party’s insurance carrier or deciding to take the case to trial, a lawyer needs to have a full understanding of a number of factors, including but not limited to the following: 
  • Your precise diagnosis
  • Your prognosis
  • If you require any further treatment
  • The timeline for your treatment and recovery
  • Whether you will return to your job
  • The expenses and losses you have experienced to date
When a personal injury attorney manages a traumatic brain injury case, they aim to recover the money you need to pay for your current and future costs.  In a personal injury lawsuit or insurance claim, lawyers often seek the following types of damages:
  • Current and future pain and suffering based on your non-economic losses
  • Current and future medical expenses and related care costs
  • Income losses for time missed at work
  • Reduced earning ability based on lasting injuries
  • Miscellaneous expenses with receipts
  • Loss of enjoyment of life
  • Impaired quality of life
To document these economic and non-economic damages, your lawyer gathers evidence that could include medical bills, receipts for all expenses related to the brain injury, income documents, and more. We also work with expert witnesses to understand the prognosis and future medical care needs. This could include medical experts, vocational rehabilitation specialists, life care planners, and economists.

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What Damages Are Recoverable in Traumatic Brain Injury Cases?

Suffering a traumatic brain injury often impacts the injured person for the rest of their life. A brain injury victim could be left with a reduction in brain function, paralysis, or disability. If you have been diagnosed with a brain injury, you may need to adapt to a new way of living, including making changes to your home. Brain injuries may impact your relationships, change the quality of your life, and affect your mental and emotional health. Your legal case is not just about your injuries, but also the expenses you incur as a result of them. You are typically entitled to recover the following types of damages from the liable party:
  • Medical bills
  • Lost income
  • Home services
  • Childcare costs
  • Physical therapy and counseling
  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Disability
  • Disfigurement
  • Diminished quality of life
Your medical expenses could include costs for hospitalization, medication, transportation, surgery, diagnostic tests, and future medical expenses you incur because of your injury. Lost income includes future income you would have brought into your household if you had been able to work in the same capacity as you once did. Home services are services you are no longer able to provide because of your injury, such as cleaning and yard work. If you have to hire someone to perform these tasks, compensation for your injuries should cover expenses such as these.

How Will a Lawyer Benefit Your Brain Injury Case?

A lawyer should be your powerful advocate as your case moves through the legal process. As your advocate, your lawyer should protect your rights while seeking an amount of compensation that will adequately cover your loss and hold the liable party accountable for your injuries. Part of the case-building process is determining how much compensation you deserve for your losses. After your lawyer calculates this, negotiations with the other side will begin. We will negotiate on your behalf to reach an appropriate settlement, carefully evaluating any settlement offers. After drafting a settlement agreement, your attorney will review the terms with you. However, the decision to accept or reject a settlement is entirely up to you. Some cases are best resolved by settlement, and some cases call for a trial before a judge and jury in the courthouse to win an appropriate result. They will discuss the potential advantages and disadvantages of settling versus trying a case with you, and address such issues as the time-consuming and costly aspects of a trial and the unpredictability of juries. Every personal injury case has unique factors that determine how much compensation you will recover. A lawyer will discover these factors and work to recover the compensation you need to cover your expenses and secure your future.

What Is a Traumatic Brain Injury?

A traumatic brain injury is a severe head injury that often does serious damage to the skull and underlying brain tissue. You could suffer a brain injury from a car accident, a fall, or being struck by an object, with falls and car accidents being the most common causes, according to the Centers for Disease Control and Prevention (CDC). There are several types of brain injuries, including:
  • Concussion: An injury resulting from a blow to the head, a concussion causes symptoms such as nausea, headache, blurry vision, memory loss, and confusion.
  • Hematoma: A pool of blood between the brain and the skull as a result of a blow to the head.
  • Skull fracture: Damage to the bone underneath the scalp that protects your brain. This injury typically coincides with other brain injuries such as concussion and hematoma.
  • Contusion: A severe bruise as a result of bleeding in the brain.
  • Secondary brain injury: An injury resulting from a non-brain injury somewhere else in the body, such as an injury that prevents oxygen from reaching the brain.
  • Brain penetration: An object penetrates the skull and underlying brain tissue.
All of the above types of brain injuries are serious. We urge you to seek medical attention right away because some brain injury symptoms take time to present. When it comes to brain injuries, every second counts. Your medical records also serve as proof of your damages.

Learn More About Receiving a Settlement for Brain Injury

Your life might never be the same after suffering a brain injury. Compensation will not heal your injury or reverse its effects, but it will cover your expenses and help you and your family cope as you begin to rebuild together. A personal injury lawyer from Friedman & Simon, L.L.P. will handle your legal case, meet all deadlines, and work to secure a settlement that is acceptable to you. To learn more about brain injury settlements, or to talk to a member of our team about your case, call today for a free consultation.

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