If you or a loved one suffers from a traumatic brain injury (TBI), you know how scary they can be. Injuries to the brain are no joke, and their symptoms are sometimes hard to spot, so any concerns you have about them are always valid.
After a TBI that isn’t your fault, you deserve compensation from the person who injured you or your loved one. If you’re thinking about filing a claim for compensation, you may wonder, What is the average settlement for a traumatic brain injury?
Unfortunately, there is no average TBI injury or accident. Each is unique in its own way. As a result, there is no average head injury settlement amount. With that said, after we listen to your story, Bensinger Law can give you an estimate of your final settlement amount.
There are a few factors we use to determine how much a final settlement will be. However, the most important factor is the effects of the given TBI. The effects and severity of a TBI will have a significant impact on any final settlement amount.
Examples of TBI Effects
The following effects are some of the most common effects of TBIs. Some of the effects have a more significant impact on your life than others, so they are also more likely to affect your settlement amount.
This logic applies to the cost of treatment as well: the more significant an injury, the more it will cost to treat it. In the same vein, the severity of each of the effects will impact a final settlement amount.
If all the effects are present and severe, you will get a relatively large settlement. On the other hand, if only one or two of the effects are present and don’t have a significant impact on your life, your settlement will be relatively small.
TBIs can cause both long and short-term effects. The long- and short-term effects are often identical outside of the amount of time they last. These effects include headaches or migraines, blurred vision, dizziness, and chronic fatigue.
It can be quite difficult to predict whether these effects will last long term or will go away, but your medical provider can make an educated guess on the matter. These physical effects can have a significant impact on your ability to work or drive safely. As a result, the more they are present, the higher settlement amounts for traumatic brain injuries are.
TBIs can cause both long and short-term cognitive effects. Memory impairment is not uncommon after a TBI and can dramatically disrupt your life. Similarly, one’s reading comprehension or problem-solving ability can suffer after a TBI, which can also cause dramatic life disruptions.
Some people may end up needing permanent help at home with tasks like cooking, cleaning, and dressing themselves, the cost of which adds up quickly. Because these effects can impact a life so drastically, their impact on final settlement amounts can be equally drastic.
Emotional or Social Effects
Often less apparent than cognitive or physical effects, emotional and social effects can also result from TBIs. These effects are harder to quantify but are just as real as any cognitive or physical effect. The strain of a TBI cannot be overstated.
The physical and cognitive effects can be frustrating and aggravate any emotional effects. However, because they are harder to quantify and identify, it’s harder to estimate the impact of emotional effects on final settlement amounts.
It’s All About Severity
Your final settlement amount will depend greatly on how severe the injury and its effects are and how long they last. Take, for example, a person who suffers from headaches for a month after their accident but can still work. This person will have a relatively small settlement compared to someone who suffers from migraines for just one month but is incapacitated by them.
The second person won’t be able to work and will likely require more medical treatment, so logically, their settlement will be larger than the first person despite aftereffects that appear quite similar.
On the other hand, someone may need in-home help for the rest of their life due to the cognitive effects of their TBI. For the third person, the settlement amount will be dramatically higher than the first two.
Contact Us Today
Aaron Bensinger of Bensinger Law is here to help if you need help with severe or mild traumatic brain injury settlements.
Aaron’s priority is his clients. He recognizes that each client has a unique story and each client’s case requires a unique approach. As a result, he takes great care to listen to his clients and personalize his service to meet their unique needs. If you need help after a TBI, don’t hesitate—contact us today!