What’s the Average Settlement for Traumatic Brain Injury?

Traumatic Brain Injury (TBI) is a complex injury resulting from a sudden trauma to the head that disrupts normal brain function. TBIs can range from mild concussions to severe brain damage, depending on the impact’s intensity and the affected brain areas. The severity of a TBI is often classified into mild, moderate, or severe based on the duration of loss of consciousness, the Glasgow Coma Scale score, and post-traumatic amnesia.

Common Causes of Traumatic Brain Injury

Brain injuries are typically caused by incidents that involve a jolt or blow to the head. Common causes include:

• Motor Vehicle Accidents: Collisions, rollovers, and crashes can cause severe head injuries.
• Falls: Slips, trips, and falls, especially in older adults, can result in significant brain trauma.
• Sports Injuries: High-impact sports such as football, hockey, and boxing often lead to TBIs.
• Assaults: Physical attacks, including domestic violence or random assaults, can inflict traumatic brain injuries.
• Construction Accidents: Falls, equipment-related injuries, or being struck by objects can cause TBIs.

Impact of TBI on Injured Victims

Short-term and Long-term Effects

Short-term effects may include:

• Headaches
• Nausea
• Dizziness
• Confusion

Long-term effects can be more debilitating and include:

• Cognitive Impairments: Problems with memory, attention, and executive functions.
• Motor Function Issues: Difficulty with coordination and movement.
• Sensory Changes: Altered vision, hearing, or taste.
• Behavioral Changes: Increased irritability, mood swings, and difficulty with impulse control.

Emotional and Financial Repercussions

The emotional impact on TBI victims and their families can be profound. Victims may experience:

• Depression and Anxiety: Due to cognitive impairments and lifestyle changes
• Stress on Relationships: Strain on personal and family relationships as roles and dynamics change

Financially, the repercussions of brain injury cases may include:

• Increased Medical Costs: Ongoing treatment, therapy, and medication can be costly.
• Lost Wages: Inability to work can lead to significant income loss.
• Specialized Care Costs: This includes the need for long-term care or home modifications.

Factors Influencing Traumatic Brain Injury Settlement

Severity of the Injury

The severity of the injury is a major determinant of traumatic brain injury settlements. Severe TBIs, requiring extensive medical treatment and resulting in significant long-term disabilities, generally lead to higher settlements compared to mild TBIs.

Medical Expenses

Medical bills include all costs related to the diagnosis, treatment, and rehabilitation of the TBI. This includes emergency room visits, hospitalization, surgeries, medications, and ongoing therapies. Higher medical costs typically increase the fair compensation for TBI.

Lost Wages

Lost wages refer to the income a victim loses due to their inability to work during recovery. This can include both past and future lost earnings. The greater the impact on the victim’s ability to work, the higher the compensation for lost wages in a traumatic brain injury case.

Pain and Suffering

Pain and suffering encompass the physical pain and emotional distress experienced by the victim. This is a subjective measure but plays a critical role in determining the settlement amount. Severe, chronic pain or significant emotional distress can increase the compensation awarded.

Life Care Costs

Life care costs include expenses for ongoing care, modifications to living spaces, and specialized equipment. Personal injury victims with severe traumatic brain injury may need lifelong care and support, which can substantially increase the settlement amount.

Skills of Your TBI Attorney

The skills, experience, and resources of your California brain injury lawyer can significantly influence the outcome of your case. An experienced attorney will:

• Assess the Full Impact of the Injury: We will thoroughly evaluate both immediate and long-term effects on the victim’s life.
• Gather Comprehensive Evidence: We will also collect detailed medical records, expert opinions, and evidence of financial losses.
• Negotiate Effectively: Our team will use their expertise to negotiate a fair settlement with insurance companies.
• Prepare for Litigation: If necessary, we will prepare for trial to ensure the best possible outcome.

Average Settlement Amounts for TBI Claims in California

Settlement amount for a traumatic brain injury claim in California can vary widely based on the factors outlined above. On average:

• Mild TBI: The average settlement for a mild traumatic brain injury is approximately $50,000, depending on the impact the injury has on the victim’s life and work.
• Moderate TBI: A settlement for a moderate TBI can be  anywhere from $100,000 to several millions of dollars, reflecting higher lifetime medical costs, difficulty with work and more significant life disruptions.
• Severe TBI: Unlike moderate or mild traumatic brain injuries, settlements for severe cases can range from $1 million to $10 million or more, particularly if there are extensive medical expenses, long-term care needs, permanent disability, large current and future income loss, and prolonged pain and suffering.

The Role of Caputo & Van Der Walde in Achieving a Fair Settlement for TBI Claims in California

At Caputo & Van Der Walde Caputo & Van Der Walde – Injury and Accident Attorneys, our role in handling traumatic brain injury (TBI) claims can make all the difference to the amount of financial compensation you receive. Here’s how we advocate for our clients:

Shielding You from Insurer Tactics 

We protect you from the unfair tactics used by insurance companies to minimize or deny the rightful claim of brain injury victims. Our experienced team ensures that your rights are upheld and that you are not taken advantage of during the settlement process.

Collecting Evidence to Prove Fault and Damages 

Our personal injury lawyer will gather and analyze evidence to establish fault and quantify damages. This includes obtaining medical records, expert testimonies, and accident reports to build a robust case supporting your claim.

Negotiating from a Position of Strength 

With 85 years of collective experience, a formidable track record, and a reputation for excellence, including being awarded Trial Lawyer of the Year and membership in the Multi-Million Dollar Advocates Forum, we negotiate from a position of strength. Our proven track record allows us to secure favorable settlements by demonstrating the full impact of your injury.

Ability to Take on Large Insurance Companies 

We are fully prepared to take on large insurance companies during negotiations and in trial settings. Our comprehensive preparation, detailed arguments, and compelling evidence enable us to effectively challenge the insurance company and fight for the compensation you deserve, even if it means pursuing a brain injury lawsuit in court.To schedule your free consultation, call us at (408) 733-0100 or contact us online.