A brain injury can be one of the most debilitating injuries you suffer. Brain damage can render you incapacitated for the rest of your life, or worse, result in your death. You should make sure to take proper care to seek legal representation as quickly as possible so that you can be financially stable in the event of an injury. Further, finding a skilled attorney with expertise in brain injury lawsuits will help you go a long way in maximizing your settlement, as the worth of your case varies depending on many factors. Our clients will contact us with requests of assistance in filing claims and gaining knowledge about the legal process. They'll ask us questions like:
- How much is my brain injury case worth?
- How much can I expect to recover for my brain injury?
- How much is a traumatic brain injury case worth?
- What are the factors that determine how much a TBI case is worth?
- What is my concussion case worth?
- What is my brain damage case worth?
- How much is my head injury case worth?
Brain Injury Information
A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain.In a crash, the brain moves within the skull, bouncing off the hard and sharp bony ridges on the base the skull. The patient's brain injury is often caused by the movement of the patient's brain inside the skull. So when an acceleration and deceleration happens quickly, our brain is shaking in your head such that the front of your brain hits the skull, and then the back of your brain hits the skull.
Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild," i.e., a brief change in mental status or consciousness to "severe," i.e., an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function.
Mild injuries include concussions and headaches; a severe concussion may be enough to upgrade your injury to a normal TBI. However, one of the main ways to discern the severity of an injury is to measure the time spent unconscious. Short times are indicative of mild brain injuries, while up to 6 hours can be considered a moderate injury. A severe brain injury would involve a period of unconsciousness greater than 6 hours. A coma, for example, may sometimes be indicative of severe brain damage.
Early TBI symptoms may at first appear mild – we have clients that do not know that they are badly hurt – but lead to significant, life-long impairment in a person physically, cognitively, and psychologically.
What is an Average Settlement for a Traumatic Brain Injury?
How much compensation you get for a traumatic brain injury settlement varies based on the unique circumstances of each situation and the severity of your injuries. Because of the severe nature of these injuries, many traumatic brain injury victims settle for at least $100,000.00. Though this is not the case in all situations, a solid personal injury case involving a brain injury can earn a significant amount of money. Most of this money is intended for medical care and income support, but some victims also receive compensation for pain and suffering, punitive damages, and other considerations.
What factors determine settlement amounts?
While it's difficult to estimate an average settlement for a traumatic brain injury, some common factors may affect your case:
- Injury severity: The more severe the injury, the higher a traumatic brain injury settlement is likely to be. However, even mild traumatic brain injuries can result in long-term symptoms that make it difficult to work or to enjoy life as you once did. Post-concussion syndrome, for example, can last for years.
- Projected medical expenses: The value of a traumatic brain injury case is largely determined by the dollar amount of medical bills and future medical expenses you are expected to need while you receive treatment. This could include hospitalization, therapy, pharmaceuticals, home health expenses, the need to remodel your home to make it handicap accessible, or other long-term living arrangements. Long-term medical costs for a traumatic brain injury can cost millions of dollars over a lifetime.
- Age: Young victims who are expected to require medical support, and therapy, for many more years.
- Loss of future income: If you can't work or were forced to take a job with lower pay due to your injuries, you may be compensated for the loss of your earning potential.
- Pain and suffering: Traumatic brain injury settlements take into account non-economic damages, such as the amount of pain and suffering you have endured. If you have recurring pain and headaches, memory loss, problems concentrating, or cannot enjoy activities you once did, you may be awarded more money.
- Liability: If you are found to be at least partially at fault for the accident that contributed to your injury, any damages awarded to you may be impacted. Pennsylvania is a modified comparative negligence state, which means that the amount of damages awarded is reduced by an amount equal to your percentage of fault. For example, if you're awarded $100,000 in damages and are found to be 25 percent at fault for the accident, you would only be eligible to recover $75,000 of the awarded amount.
- Gross negligence: You may also be awarded punitive damages. This happens when the court determines that the at-fault party wasn't simply negligent, but that they acted in reckless disregard for your safety.
- Insurance policy limitations: The settlement amount you receive is limited by the total combined coverage of any insurance policies in the case. Our attorneys can advise you about all the policies that apply to your situation to ensure that you get the biggest settlement possible.
Get Support for Your Brain Injury Case
Serving Charleston, Myrtle Beach, Pawleys Island, and the entire state of South Carolina, our clients put their trust in us. They come to Hopkins Law Firm to find the compassion, expertise, and professionalism they expect during one of the most difficult periods in their life. We treat our clients like family.