Brain Injury Claim: How Much Can TBI Victims Get as Compensation?
Suffering a traumatic brain injury (TBI) can be a life-altering event, impacting victims physically, emotionally, and financially. If you or a loved one has experienced a brain injury due to someone else’s negligence, understanding the factors that influence the compensation for a brain injury claim is crucial.
In this blog post, we will discuss TBI and brain injury claims. We will also explore the question: How much compensation can TBI victims receive?
Suffered TBI due to an accident? We can help you get compensation.
What is a TBI?
Traumatic Brain Injury (TBI) is a complex and often life-altering medical condition resulting from a sudden blow, jolt, or penetrating injury to the head. This injury disrupts the normal functioning of the brain, leading to a wide range of physical, cognitive, and emotional challenges. TBI symptoms include headache, dizziness, memory loss, and loss of consciousness.
Causes of TBI
TBIs can be caused by various incidents, including:
- Accidents: Falls, car, and pedestrian or road traffic accidents
- Violence: Assault and battery
- Sports Injuries: Contact sports or recreational activity-related head injury
- Military Injuries: Injuries due to explosions, blasts, or combat-related incidents
- Medical Malpractice: Birth injuries
TBIs can have profound and lasting effects on an individual’s life. Long-term consequences may include cognitive impairment, emotional challenges, and difficulties with motor skills. Rehabilitation and ongoing support are often crucial components of recovery.
Can I File Claims After a TBI Diagnosis?
Receiving a TBI diagnosis can be a life-altering moment, and if the injury resulted from someone else’s negligence or misconduct, such as in a car accident, slip and fall, or workplace incident, you may be eligible to file a brain injury claim. This claim seeks fair compensation for the damages resulting from the injury.
Types of Damages
In a traumatic brain injury case, various types of damages may be pursued to compensate the brain injury victim for their losses. The types of damages often sought in such cases are:
- Medical Expenses: This includes expenses related to hospital stays, surgeries, diagnostic tests, medications, and other immediate medical needs. Future medical costs for ongoing treatments, therapies, medications, and rehabilitation services may also be included.
- Loss of Earning Capacity: This accounts for the compensation for income lost due to the TBI, including wages missed during recovery. If the injury affects the individual’s future earning capacity, damages may also cover potential future income losses.
- Pain and Suffering: The victim can also file personal injury claims for non-economic damages to compensate for the physical and emotional distress caused by the TBI. This includes pain, discomfort, anxiety, and loss of enjoyment of life.
- Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD), mental anguish, and other emotional challenges resulting from the injury may also be part of the non-economic damages.
- Loss of Consortium: If the TBI has negatively affected the injured person’s relationships, loss of consortium damages may be sought. This pertains to the loss of companionship, support, and intimacy that the individual and their family members may experience.
- Punitive Damages: In cases where the responsible person’s actions were intentional, punitive damages may be awarded. These damages are meant to punish the wrongdoer and discourage similar behavior in the future.
- Property Damage: If personal property (e.g., a vehicle) was damaged in the incident leading to the TBI, the cost of repairing or replacing the property may be included in the damages sought.
- Rehabilitation and Assistive Devices: Damages to cover the costs of rehabilitation programs, assistive devices, and modifications to the home or vehicle to accommodate the individual’s new needs.
Understanding the specific damages applicable to your TBI case is crucial, and consulting with an experienced personal injury attorney can help ensure that all relevant damages are appropriately considered and pursued. Each case is unique, and the types and amounts of damages awarded will depend on the circumstances surrounding the injury and the impact on the individual’s daily life.
Factors Affecting Brain Injury Compensation
How much compensation do you get for brain injury? Brain injury compensation involves several factors that affect how much settlement can be awarded. These factors include:
- Severity of the Injury: The extent of the brain injury significantly influences the compensation amount. Severe cases may result in higher settlements due to extensive medical treatment, long-term care, and impact on the victim’s quality of life.
- Long-Term Effects: Brain injuries can have lasting effects, such as cognitive impairment, memory loss, and personality changes. The long-term consequences contribute to the overall value of the claim.
- Lost Wages and Earning Capacity: Compensation may include reimbursement for lost wages and future earning capacity if the injury hinders the victim’s ability to work.
- Medical Expenses: The cost of medical treatment, including surgeries, rehabilitation, therapy, and medication, is a pivotal factor in determining compensation.
Diagnosed with TBI after an accident? You might be eligible to file claims.
Is Timely Medical Care Important?
Brain injuries, including those that are perceived as less severe, can unexpectedly escalate into more significant problems without prompt and appropriate medical attention. While initially classified as “mild,” these injuries can manifest latent complications that, when untreated, may lead to more severe consequences.
- Delayed Symptoms: Mild brain injuries might not immediately exhibit obvious symptoms, creating a deceptive sense of normalcy. Individuals may underestimate the severity of the damage or dismiss symptoms like headaches, dizziness, or mild confusion.
- Cumulative Effects: Without timely intervention, even seemingly mild concussions can have cumulative effects. Each subsequent injury, no matter how mild, adds to the overall impact on the brain. This cumulative effect can exacerbate symptoms.
- Secondary Complications: Mild brain injuries can trigger secondary complications. For example, untreated concussions may lead to post-concussion syndrome, characterized by persistent headaches, cognitive issues, and emotional disturbances.
- Increased Vulnerability: Individuals with a history of mild brain injuries may become more susceptible to subsequent brain damages. The brain’s resilience diminishes, making it more vulnerable to even minor incidents, resulting in a heightened risk of escalation.
- Cognitive and Emotional Impact: Untreated mild brain injuries can cause lingering cognitive issues and emotional challenges. Memory problems, difficulty concentrating, mood swings, and irritability may emerge or worsen over time, affecting the individual’s overall well-being.
- Long-Term Consequences: The failure to address mild to severe brain injuries promptly can lead to long-term consequences. Chronic conditions such as chronic traumatic encephalopathy (CTE) have been associated with repeated head injuries, emphasizing the importance of early intervention to prevent permanent brain damage.
Timely medical intervention is necessary in mitigating the escalation of mild brain injuries. Even seemingly minor incidents should be taken seriously, and individuals experiencing symptoms, no matter how subtle, should seek medical attention promptly. Early intervention not only aids in preventing further complications but also contributes to a more effective and comprehensive recovery, safeguarding both short-term and long-term well-being.
The Role of an Experienced Brain Injury Lawyer
Navigating the complexities of a brain injury claim requires expertise, especially when it comes to unearthing the true value of the claim. A personal injury lawyer, experienced in handling brain injury cases can:
- Assess all damages, including medical expenses, lost wages, and long-term care needs, ensuring a comprehensive evaluation of the claim.
- Collaborate with experts to build a strong case.
- Negotiating with insurance companies can be challenging. An experienced lawyer understands how to leverage evidence, lead legal arguments, and communicate effectively with insurance adjusters to secure a fair settlement for their clients.
Real-Life Examples
To illustrate the impact of personal injury attorneys in brain injury cases, let’s look at two real-life scenarios:
Case Study 1
A victim was driving her bicycle, crossing the street when a white sedan violently crashed into her. This collision caused our client to suffer from a TBI, along with other injuries, requiring her to undergo surgeries and long-term therapy.
The defendant and her insurance expressed doubts about the victim’s level of responsibility, alleging comparative negligence. However, through our team’s assistance, the brain injury was able to establish the defendant’s liability. As a result, the victim successfully obtained $1,000,000 compensation to address her ongoing and future medical costs, loss of income, and the pain and suffering endured.
Case Study 2
The victim was traveling when his vehicle was struck by a distracted large cargo van driver. This T-bone collision wrecked the victim’s vehicle and caused him grave injuries. He suffered a TBI with loss of consciousness immediately after the accident, requiring him to have a series of surgeries and other medical treatment for months after.
The insurance company initially offered $149,000, claiming it would cover all the bills. With the dedication and effort of a personal injury lawyer for this brain injury claim, the victim got a $244,000 settlement for her injuries.
Consult with an Award-Winning Legal Team
The compensation for a brain injury claim varies based on numerous factors. From the severity of the injury to long-term effects and financial losses, each element plays a crucial role in determining the settlement amount. It is a must for TBI victims to seek the guidance of an experienced brain injury lawyer who can navigate the legal landscape, advocate for their rights, and ensure they receive the compensation they deserve.
The Brain Injury Help Center offers support, legal advice, and valuable health information for individuals affected by TBI. We are a dedicated center committed to empowering brain injury victims to reclaim their independence and functionality.
If you or a loved one is diagnosed with a TBI resulting from an accident due to someone else’s negligence, reach out to the Brain Injury Help Center at (866) 576-0936 for a free consultation.
