What is My Traumatic Brain Injury Case Worth?
A traumatic brain injury (TBI) is one of the most catastrophic injuries a person can sustain. The injury may cause behavioral changes, loss of function, or permanent disability. In addition to the physical and emotional devastation of a TBI, victims may also be dealing with the financial repercussions of their injury.
If you have sustained a brain injury in an accident, you may be concerned about your financial future and uncertain of how much your injury case is worth. You must take steps to pursue damages as soon as possible after your TBI. A brain injury lawyer can ensure that you recover the full amount of compensation you are entitled to receive.
At Phillips Law Group, we have over 26 years of experience in successfully handling personal injury cases. To determine what your traumatic brain injury claim may be worth, schedule a free consultation with a trusted member of our law firm today. Call us at 1-800-706-3000 or submit your case information via the online evaluation form.
How Much is the Average Settlement For a Traumatic Brain Injury?
A person can recover compensation for a traumatic brain injury either by means of a settlement or verdict. A settlement occurs when both parties reach an agreement to resolve the case outside of court. If this agreement cannot be made, however, the case may then proceed to court and a jury will decide the outcome. If the jury rules in favor of the brain injury victim, then the defendant will be ordered to pay the plaintiff damages.
Before filing a claim or lawsuit, most brain injury victims want to know what the average brain injury case is worth. The reality is, though, that the amount of money awarded in these situations varies. The payout depends on a number of different factors such as the extent of the victim’s injuries and who was liable for the accident.
Most brain injury cases are at least valued at $100,000, with some victims being awarded multi-million dollar settlements. Jury verdicts are public records, but brain injury settlements made out of court are private. This makes it impossible to determine an average brain injury settlement amount.
Brain Injury Settlements and Verdicts Our Law Firm Has Achieved
Traumatic brain injuries may be the result of a car accident, medical malpractice, a defective product, abuse, or another event. At Phillips Law Group, we have represented clients who have suffered TBIs for a variety of different reasons. Our personal injury lawyers care about the people we help and work hard to maximize the compensation each client receives.
The following are just some of the many settlements and awards for traumatic brain injuries that our law firm has helped our clients receive:
- $7,650,000 – Traumatic brain injury and skull fracture suffered in a motorcycle accident
- $3,100,000 – Brain trauma and a broken neck caused by a car accident
- $3,000,000 – Brain damage sustained due to medical malpractice
- $2,750,000 – Severe TBI, requiring a feeding tube and long-term care sustained in a pedestrian accident
- $2,163,000 – Brain injury, broken neck, spine injury, suffered in an auto accident
- $1,171,438 – Brain injury due to a slip-and-fall down the stairs
- $815,000 – TBI, coma, and fractured neck sustained in an auto accident
- $613,000 – Head injury and TBI sustained in an auto accident
Factors That Affect a Brain Injury Settlement or Verdict
The following are some of the factors that may affect a traumatic brain injury verdict or settlement:
- Liability: If it is clear who caused the injury, then the insurer will be more inclined to settle for a higher amount to avoid an even more costly trial. However, if the evidence is unclear and fault is disputed, the defendant may not make a fair settlement offer.
- Multiple defendants: If multiple parties are liable for the accident, you may be able to recover compensation from all of them. However, this means that there is more negotiation required to determine how much each party should pay.
- Characteristics of the victim: The victim’s age, occupation, prior medical history, and likeability can all affect the settlement amount.
- Shared fault: If there is evidence that the victim partially contributed to the accident, this could affect the amount of compensation recovered. For example, in comparative fault states, if a person was found to be 20 percent responsible for an accident, his or her compensation could be reduced by 20 percent.
- Punitive damages: Punitive damages are awarded by a judge in some brain injury cases, not as compensation for the victim, but to punish the negligent party and deter others from acting in the same manner.
Types of Damages Available in Traumatic Brain Injury Cases
A traumatic brain injury falls under personal injury or tort law. Under this area of the law, a person who is injured due to another person’s actions has the legal right to pursue financial compensation for damages suffered.
The following are some types of damages commonly awarded in traumatic brain injury cases.
Past, present, and future medical expenses
The medical costs to treat a traumatic brain injury can be significant. A person with a severe TBI may require medical treatment and assistance for the rest of his or her life.
The amount of compensation for medical expenses that are awarded will partially depend on the severity of the injury. Mild traumatic injuries may cost tens of thousands of dollars in medical treatment, while a severe brain injury could cost millions.
Past and future medical expenses covered may include:
- Ambulance rides
- Emergency room visits
- Diagnostic tests
- Rehabilitation in a residential facility
- Assisted living
Tragically, many traumatic brain injury victims are left with long-term or permanent disabilities. If a TBI prevents a person from being able to return to work or perform the same type of work, then this loss of income could be factored into the lawsuit.
Typically, the value of your lost wages will be calculated by taking your average income before the accident and multiplying it by the number of days you have been unable to work. However, more is involved when calculating your loss of future earning potential.
The following may be taken into consideration:
- Age and life expectancy
- Education and skills
- Potential for promotions
- Lost benefits such as life insurance
Pain and suffering
Additional non-economic damages, which are intangible or not as easy to calculate, may be awarded. These damages are to compensate for the psychological and emotional toll that the accident has had on the victim.
Pain and suffering damages may include:
- Mental anguish
- Loss of enjoyment
- Emotional distress
- Loss of consortium
- Loss of companionship
Learn More About What Your Brain Injury Case is Worth
If you or someone you love has sustained a traumatic brain injury as a result of someone else’s negligence, do not hesitate to contact Phillips Law Group today. We can answer any questions you have regarding your accident and give you an idea of what your claim may be worth.
Our law firm has the experience and resources needed to build a solid case on your behalf. When we take on your case, we will work closely with respected brain injury experts to ensure you are correctly diagnosed and receive the medical treatment you need.
We take all traumatic brain injury cases on contingency. This means you pay no upfront costs or expenses. Schedule a free case review today. Call us at 1-800-706-3000 or complete the free case evaluation form.
I didn’t know anything about the area, and Phillips Law Group just took care of everything. They helped made sure I knew where I was going, made sure I didn’t have to worry. They literally just took care of me.
I want to thank attorneys Tim and Robert and the paralegal Bethany for all they had done on my case. They were all empathetic, knowledgeable and professional. All my questions were answered, emails returned in a timely matter, and promises fulfilled. I recommend Phillips Law Group if you need help with your injury case.
I just wanted to thank Phillips law Group and Vanessa Rodriguez for all the help that she did for my daughter’s case. She was involved in her first accident and she needed the help to deal with these adjusters. Thank you again.
I would have no hesitation at all recommending Phillips Law Group. In particular, Juan Roque has impressed me with his professionalism, his integrity and his heart for the community!
PLG is the best! Highly recommend. Love that they do so much to help the community.
My review is for Kathy Hudson a legal assistant at the law firm. She is great! She is very professional and a fair based person. She was never rude to me and always called me back. She listened to me and had my best interest as number 1. Mr Nasir who is a supervisor at law firm also was very professional and helpful. Not sure if spelling his name correctly but sorry if not. As far as mr Ross and the lady that runs the front desk reception I would say they are the most unprofessional and rude people I have met at a law firm in my life especially beings they were representing me. But Kathy made it overall a better experience. Thx Kathy.
Sophia H is very helpful.
Phillips Law Group has a proven track record of success. Juan Roque, in particular, is integral to that. He works with integrity, compassion, and an undefeated optimism that makes him a valuable asset.
The lawyers here are of top quality. Especially Trey Dayes, who was always respectful and hard-working.
Jeffrey Phillips is truly a brilliant attorney and businessman. I would not hesitate for a moment to contact him if I needed a personal injury attorney in Arizona, you would be fortunate to have him and his team. If you have a car accident, slip and fall in a store, or get punched in the face, call Phillips.