What is Average Settlement for Traumatic Brain Injury?

Is There an Average Settlement Value?

Traumatic brain injuries are catastrophic events that destroy lives in seconds.

There is no "average" settlement, because brain damage and it's impact can vary wildly.

TBI settlements range from $30,000 for mild concussions to over $10+ million for catastrophic injuries requiring lifetime care.

What your case may be worth depends key factors such as the severity of your injuries, the impact on your life, and the strength of liability.

Serious TBIs create lifelong challenges, and adequate settlements help victims secure the resources they need.

Schedule a consultation with our brain injury lawyers at Lawsuit Legal to protect your future and your financial security.

What Damages Can You Recover in a TBI Case?

Securing a strong financial recovery is essential for brain injury victims to cover ongoing medical care, support daily living needs, and protect their long-term financial future. Potential damages include:

• Past and Future Medical Expenses - Head injuries result in a host of required medical expenses for treatment. Emergency room treatment, ICU admission, neurosurgery, imaging studies (CT, MRI, DTI), inpatient rehabilitation, neuropsychological testing, cognitive therapy, speech therapy, occupational therapy, medications, and assistive devices. Future medical costs require expert life care planners to calculate decades of ongoing treatment.
• Lost Wages and Loss of Earning Capacity - In a traumatic brain injury (TBI) case neurological problems often lead to the victim not being able to work. Executive function damage, memory deficits, and processing speed reductions destroy high-paying careers. Compensation for lost income can cover past wages, benefits, and future earning capacity affected by your injury.
• Pain and Suffering - Pain and suffering damages in brain injury cases compensate for the physical pain, cognitive challenges, and emotional struggles caused by the injury. They also reflect the long-term impact on daily life, relationships, and overall quality of life.
• Loss of Consortium - Loss of consortium damages in brain injury cases compensate family members for the impact of the injury on their relationship with the victim. This includes the loss of companionship, emotional support, intimacy, and shared life experiences.
• Permanent Disability and Diminished Quality of Life - The inability to drive, manage finances, maintain employment, or live independently dramatically should be accounted for financially. Damages for permanent disability in brain injury cases address the long-term loss of physical or cognitive abilities that affect daily functioning. The younger the victim, the higher the multiplier on lifetime damages.
• Lifetime Care Costs - Severe TBI that requires round-the-clock supervision, specialized housing, medical equipment, transportation assistance, and professional caregivers. These damages ensure funding for medical care required. Life care plans often exceed $10 million for catastrophic injuries.
• Other Damages - Our attorneys fight to recover all available damages, ensuring every aspect of your injury, from medical costs to lost income, is fully accounted for. We fight to secure the money you need to give you a path forward.

Our goal is to get you paid as much as possible as fast as possible. Our attorneys work tirelessly to ensure you get the resources required for ongoing care and future security.

 

 

Accident Types That Cause Traumatic Brain Injuries

TBIs occur in many types of accidents. Certain impacts create the forces necessary to injure the brain more frequently than others. These are the leading causes of head injuries that cause brain trauma in our injury firm.

Motor Vehicle Collisions

Car crashes are the leading cause of TBI hospitalizations for adults under 45.

Rotational and linear acceleration forces in a crash can cause diffuse axonal injury.

Frontal lobe damage from dashboard impacts, windshields, or intrusion zones result in skull fractures and coup-contrecoup trauma.

Rollover accidents increase the likelihood of a blow to the head as occupants tumble inside the vehicle or eject through windows.

Commercial Truck Accidents

Truck crashes produce extreme forces that overwhelm the human body and commonly cause catastrophic injury.

Even without a direct head strike, abrupt deceleration causes the brain to whip inside the skull damaging the sensitive brain tissue.

Underride crashes—where cars slide beneath trailers—result in roof crush and direct head trauma that's almost always fatal or catastrophically disabling.

Underride collisions and roof crush events almost always involve head trauma and result in catastrophic brain injury outcomes in survivors.

Motorcycle Crashes

Motorcyclists face direct exposure to impact forces in a wreck.

Even with helmets, high-speed ejections can result in severe TBIs.

Left-turn collisions—where cars turn across motorcycle paths—cause head-on impacts generating maximum brain trauma.

Motorcycle accidents are more likely to result in catastrophic injuries and injury profiles necessitating lifetime care.

Pedestrian Accidents

Pedestrians suffer two impacts: the vehicle hit and the ground impact.

The secondary impact of the head striking pavement typically causes the worst damage. Crosswalk collisions and knockdown accidents regularly lead to TBI injury cases.

Slip and Fall Accidents

Falls cause serious brain injuries across all age groups.

Older adults are vulnerable to subdural hematomas after striking hard surfaces.

Falls from ladders, platforms, or uneven surfaces create the same life-threatening trauma if you hit your head.

Workplace Accidents

Construction, trade work, and industrial sites expose workers to high-risk hazards and are a common source of brain injury claims.

Falling tools, collapsing scaffolding, heavy equipment, crane accidents, and electrocution incidents can all cause victims to suffer brain trauma.

Our firm sees head injuries coming from the same high-risk workplaces again and again: Construction sites, transportation & delivery jobs, warehouses, factories, industrial plants, commercial properties, retail stores, restaurants, office buildings, and outdoor worksites.

Medical Malpractice & Hospital Negligence

Medical malpractice and hospital negligence are common sources of brain injury cases for our firm. Hospital errors and medical negligence are frequent causes of traumatic brain injuries, often leading to life-altering consequences. Because these cases involve intricate medical and legal issues, having an experienced attorney is critical to achieving the best results.

Sports and Recreation Injuries

Contact sports and high-impact activities create both single-event TBIs and long-term brain damage. Severe hits can require emergency neurosurgery. Claims often involve unsafe conditions, poor supervision, or defective protective gear.

Ultimately, the value and validity of your case depends on clear liability, documented damages, and solid evidence.

Talk to our brain injury lawyer to assess the strength of your case and potential compensation.

Critical Factors That Affect TBI Injury Settlements

TBI injury settlements depend on the severity of the brain damage, medical treatment required, and overall impact on your daily life and earning capacity.

Clear evidence, strong liability, and jurisdiction are also key components that can affect how much money you can collect. Every head injury case is unique. Every TBI case presents distinct medical and legal factors.

Severity of Injury

The extent of brain damage, including cognitive, physical, and emotional impairments, drives settlement value.

Extended unconsciousness, prolonged post-traumatic amnesia, and ICU admission are signals to insurers that your injuries are severe.

The extent of brain damage, including cognitive, physical, and emotional impairments, drives settlement value.

Type and Length of Medical Treatment Required

Neurological injuries that significantly affect your life and require long-term treatment often form the basis for substantial damages. Surgery, rehabilitation, therapy, and ongoing care result in significant medical expenses that must be accounted for in a fair settlement.

Clear Evidence

MRI/CT scans, specialist reports, and documented symptoms substantiate claims of plaintiffs with TBIs.

Brain injuries causing cognitive impairment warrant higher settlements or jury awards due to their long-term consequences.

However, the severity and duration of symptoms will require extensive documentation and expert validation for your personal injury claim to be bulletproof.

Strength of Liability

How clearly the victim's TBI was caused by another party's negligence and availability of insurance affects payouts. Strong, well-documented liability reduces the likelihood of disputes. With strong liability the insurers know they are going to have to pay, so that what remains is the fight over how much.

Impact on Life

Traumatic brain injuries can range from mild concussions to severe brain damage, with symptoms like headaches, memory loss, confusion, and cognitive or emotional challenges. The severity and impact of these symptoms on daily life heavily influence the potential value of a claim..

Experienced Legal Representation

Every brain injury has its own story, and your claim deserves individual attention. A skilled legal team can clearly demonstrate how your injuries have disrupted your life, work, and daily activities. Having an injury experienced lawyer handling your case is critical for the best possible chance to secure the compensation you need for your future.

How to Protect Your Brain Injury Claim From Insurance Company Tactics

Insurers know brain injury symptoms emerge over time.

They'll pressure you to settle fast before cognitive deficits become undeniable.

Don't fall for it.

Get Emergency Medical Evaluation Immediately

Brain injuries can't wait.

Loss of consciousness, confusion, vomiting, severe headache, or unequal pupils demand emergency room evaluation.

CT scans catch life-threatening bleeds and skull fractures requiring neurosurgical intervention.

Delayed treatment lets insurers claim symptoms arose from other causes unrelated to the crash.

Document Cognitive Symptoms in Real Time

Memory loss, concentration difficulties, personality changes, and emotional outbursts may not surface until weeks post-injury.

Keep a symptom journal.

Have family members document behavioral changes you can't self-monitor.

Insurance companies claim undocumented symptoms are fabricated or exaggerated.

Follow Through with Neurologist and Neuropsychology Referrals

Seek specialist medical care. Primary care doctors can't evaluate complex brain injuries adequately.

You need board-certified neurologists interpreting imaging and specialists administering cognitive testing batteries.

Treatment gaps let defense lawyers argue your injury wasn't serious enough to warrant specialist care.

Hire a Brain Injury Attorney Before Giving Any Statements

Insurance adjusters are trained to minimize serious injury claims.

They'll ask leading questions designed to make you downplay symptoms or admit fault.

Recorded statements become evidence used against you at trial.

Our personal injury lawyers handle all communication with insurers and know exactly what it takes to build a strong case.