Average Settlement For Traumatic Brain Injuries

The aftermath of a traumatic brain injury (TBI) can be a confusing and emotionally charged time.

You’re likely grappling with physical limitations, memory issues, and an uncertain future.

One of the questions that may arise is, How much compensation do you get for a traumatic brain injury (TBI)?

Unfortunately, there’s no simple answer.

TBI settlement value hinges on various factors, and California law plays a crucial role in determining the compensation you may receive. This blog post aims to demystify the process of calculating a traumatic brain injury settlement.

Our experienced Hollister brain injury lawyers explore the factors influencing settlement amounts, delve into relevant California law, and answer some frequently asked questions.

For a free consultation, please call (408) 848-2208 or send us an online message today.

The Invisible Wound: Understanding Traumatic Brain Injuries

TBIs are injuries to the brain caused by a blow to the head or a jolt that disrupts brain function. These injuries can range from mild concussions to severe damage impacting vital functions. The hallmark of a TBI is that the damage often goes unseen because an X-ray won’t reveal the underlying injury. 

Symptoms of a TBI can manifest in various ways, including:

• Headaches,
• Dizziness,
• Difficulty concentrating or remembering,
• Sleep disturbances,
• Mood swings,
• Irritability,
• Sensitivity to light or sound, and
• Speech or language difficulties.

The severity and long-term impact of a TBI vary greatly depending on the nature of the injury. These variables make calculating a universal average settlement for traumatic brain injuries a complex task.

The Spectrum of Traumatic Brain Injuries

While a definitive average settlement value for TBIs doesn’t exist, settlements can range from tens of thousands of dollars for mild injuries to millions of dollars for severe, life-altering TBIs. It’s crucial to remember that these are just estimates, and the actual value of your case will depend on the unique circumstances surrounding your injury.

Mild Traumatic Brain Injury (Concussion)

The most common type of TBI is often referred to as a concussion. Symptoms may include headaches, dizziness, memory problems, and difficulty concentrating, but usually resolve within weeks or months. Mild traumatic brain injury settlements often range from tens of thousands of dollars to lower six figures.

Moderate TBI

Moderate TBI involves long-term adverse effects and can cause a broader range of symptoms, including cognitive impairments, speech and language difficulties, and emotional problems. Recovery from a moderate TBI can take months to a year. Moderate TBI settlements may approach the mid-six figures. 

Severe TBI 

Severe TBIs are life-threatening injuries that can lead to permanent disabilities, coma, or even death. Victims of severe TBI may require lifelong care and assistance with daily activities. In rare cases, a severe TBI settlement can range from millions to tens of millions of dollars.

Factors Influencing Your Brain Injury Settlement

Brain injury settlements in California aim to compensate victims for the full spectrum of losses they experience. Brain injury settlements are highly individualized, meaning the compensation you receive depends entirely on the specifics of your case.

A lawyer can provide a better estimate after assessing your unique circumstances. While there’s no magic number for a TBI settlement, several key factors influence your compensation. 

Severity of the Injury and Amount of Damages

The extent and permanence of the brain injury significantly influence compensation. Severe TBIs with lasting impairments typically command higher settlements than mild TBIs with complete recovery. 

You may be able to claim compensation for:

• Medical expenses. The extent of your medical bills, including emergency room visits, doctor’s appointments, surgeries, rehabilitation therapies, and medication, plays a significant role in determining settlement value.
• Lost wages and earning capacity. Wages lost due to missed work are directly tied to the settlement value. Additionally, if the TBI permanently limits your ability to work or necessitates a career change, the loss of future earning capacity is factored into your settlement.
• Pain and suffering. The emotional and physical distress associated with your TBI is compensable. Pain and suffering include symptoms like chronic pain, depression, anxiety, and diminished quality of life.
• Loss of consortium. If your TBI impacts your ability to maintain a normal marital relationship, loss of consortium can be considered for compensation.

An attorney can help you identify all your damages and help ensure your settlement addresses all of them.

Evidence and Documentation

The strength of your case hinges on thorough medical documentation, accident reports, and witness statements. A skilled California injury lawyer can effectively gather and present evidence to support your claim.

Insurance Coverage

The limits of the at-fault party’s insurance policy may affect the value of traumatic brain injury settlements.

Generally, the insurance company will not agree to settle for more than the maximum insurance policy limit, so if the person who injured you was uninsured or underinsured, you may not be able to recover the full value of your damages through a settlement. 

However, you may have other options to recover, such as: 

• Filing a claim against another party who shared fault for the accident,
• Filing a claim against your own uninsured/underinsured motorist insurance (if your injury arose from a vehicle accident), or 
• Suing the at-fault party directly. 

An attorney can help you identify all sources of compensation that may be available to you.

Comparative Negligence 

If you share some blame for the accident that caused your TBI, the amount of your compensation may be reduced under California’s pure comparative negligence system. For instance, if you are estimated to be 20% at fault for the accident, you can expect your TBI settlement to be about 20% less than it would be otherwise.

Frequently Asked Questions (FAQs)

How Long Do You Have to File a Brain Injury Claim in California?

The general statute of limitations for personal injury claims in California is two years from the date of your injury. However, there can be exceptions to this rule. Thus, consulting with an attorney as soon as possible is crucial to avoid missing the deadline.

How Long Does It Take to Settle a Brain Injury Case in California? 

The timeline varies depending on the complexity of your case. Mild TBI cases may settle within a year, while severe injuries can take several years.

Should I Accept the First Settlement Offer? 

Insurance companies often offer low initial settlements. Consulting with an experienced personal injury attorney can help determine if the offer is fair and explore negotiation options.

Can I File a Brain Injury Lawsuit Without an Attorney? 

While it’s technically possible to file your case on your own, an experienced California attorney can navigate the legal complexities, gather evidence, and fight for the maximum compensation you deserve.

Don’t Navigate the Legal Maze Alone: Gonzalez & Jones, APC Can Help

The path to healing after a TBI can be daunting. Gonzalez & Jones, APC understands the unique challenges you face. As a family-run boutique firm, we treat every client with compassion and dedication.

Our skilled California personal injury attorneys have over 45 years of experience handling personal injury cases in California and are committed to securing the compensation you deserve.

No case is too small for our team. Contact us online or call (408) 848-2208 today for a free consultation. Let us help you navigate the road to recovery and fight for your future.