Our brain is one of the most important organs that we have in our bodies. Our self-awareness and ability to solve complex problems as humans stem entirely from our unique brains.
Unfortunately, despite the fact that our skulls surround and protect our brains, they are highly susceptible to damage. If you or a loved one suffers in an accident and you plan on filing a brain injury lawsuit, you likely want a bit more information on post-concussion syndrome settlement values.
In this piece, we will discuss the average settlement for traumatic brain injury, mild traumatic brain injury settlements, and how you can estimate concussion settlement values.
Traumatic Brain Injury Happens Every Day in America
Most brain damage results from what we call “traumatic brain injuries” or “TBI” for short. A TBI is an injury that affects how the brain works. A number of different things can cause TBI.
Most often, bumps, jolts, or blows to one’s head cause TBI. Less often, but equally serious, a gunshot wound, or any other object penetrating one’s head can cause TBI.
Effects of TBI
Generally, there are three levels of TBI: mild, moderate, and severe. Each level has many potential aftereffects that vary greatly. The aftereffects of a TBI can quickly dissipate, but they can also last one’s entire life. TBI’s aftereffects include things like:
- Dizziness,
- Fatigue,
- Vision impairment,
- Cognitive function impairment,
- Disruption of development, and
- Migraines.
According to the US Centers for Disease Control (CDC), TBI is a major cause of death and disability in the US. In 2019 alone there were nearly 61,000 TBI related deaths in the US.
There Is No Average Settlement
Because every case of TBI is different and unique, it is difficult to pinpoint a precise average settlement for a concussion. On one hand, some concussion settlement values are $10 million or more.
On the other hand, a different concussion’s settlement value may be a few thousand dollars. The value of brain injury compensation depends entirely on the facts and circumstances surrounding the TBI.
Figuring Out Your Settlement Value
The best way to accurately estimate the value of your TBI settlement is by consulting with an experienced TBI attorney. TBI attorneys know the relative value of the various factors that go into a TBI settlement and can tell you the amount that they would seek if they were to represent you.
Before consulting with a lawyer, however, you might want to make your own estimate. To make a relative estimate of the value of your TBI claim, go through our prepared list of factors that affect TBI settlement values.
If you have more factors in the “increasing value” list, then you can expect a settlement that is relatively higher than average. If you have more factors in the “decreasing value” list, your settlement may be lower than average.
Increasing Value
Many of the factors that increase a settlement’s value have to do with the damages that you suffer. The more types of damages you suffer, the more your settlement is worth.
In addition, the severity of the damages you suffer affects the settlement. The more severe those damages are, the greater your settlement value is. Other factors can increase your settlement’s value too, such as:
- Emergency medical transport;
- Surgery (or surgeries);
- Physical rehabilitation;
- Extended hospital stays;
- Medical costs of non-TBI injuries;
- Temporarily impaired cognitive function;
- Permanently impaired cognitive function;
- Migraines;
- Pain, emotional anguish, or loss of enjoyment of life;
- Lost wages;
- Vocational rehabilitation;
- In-home assistance (permanent or temporary);
- Death of a loved one;
- Loss of employment benefits;
- Property damage;
- Visual impairment;
- Loss of ability to drive;
- A clear liable party;
- Multiple liable parties;
- A liable party with significant financial resources; and
- Malice or intent on the part of the liable party (punitive damages).
You may experience losses that our list does not cover. These factors may also increase your settlement value.
The general rule is, the more damages, the greater the settlement value. If some of the damages you experience are particularly severe, then they will likely impact your settlement more. Consider permanent cognitive impairment vs temporary cognitive impairment, for example.
You can seek damages for temporary cognitive impairment, but a claim that involves permanent cognitive impairment or even long-term cognitive impairment expected to last a year or more will result in greater compensation.
Decreasing Value
Just as some factors increase the value of your settlement relatively speaking, other factors have the opposite effect. The following factors will all, relatively speaking, decrease the value of your TBI, concussion, or post concussion syndrome’s settlement value:
- Negligence or shared fault of the injured party;
- Tenuous causal connection between liable party and injury;
- Liability unclear between multiple potentially liable parties;
- The liable party is lacking in financial resources (known as a “judgment proof defendant”);
- No permanent cognitive impairment;
- No temporary cognitive impairment; and
- Injury’s effects are mitigated by swift medical treatment.
Generally speaking, the fewer aftereffects you suffer as a result of your TBI, the less your TBI settlement is worth. Factors that do not appear in this list may also decrease your settlement’s value, so make sure you consider those factors as well.
Better yet, discuss your case with an experienced TBI attorney so you have a well-informed estimate from someone who deals with TBI litigation on a day-to-day basis.
Seasoned Legal Representation for Tri-State Area TBI
Using our lists to make a relative estimate is useful in predicting your TBI settlement’s value. Adding up the sum of your monetary damages to make a more precise estimate is similarly useful. To get the most accurate estimate, however, there is no substitute for an experienced TBI attorney.
The TBI attorneys here at Gerling Law have considerable experience helping those affected by TBI in the tri-state area recover the entirety of the damages they deserve. Our attorneys know how to evaluate your claim to get the most out of it. You deserve nothing less. Tell us your story. Call us today for a free consultation!
Go with experience. Go with Gerling. ®
