- October 10, 2021
- Catastrophic Injury
Brain injuries can be devastating to both the injured and their family and friends. They often change one’s course of life, and the associated medical treatment and care can be quite costly.
In some cases, the costs of medical care and other expenses can continue indefinitely. This is why our clients want to know: What is the average settlement for a brain injury? In many cases, brain injuries impact everything from basic day-to-day physical activities, like getting dressed, to cognitive actions, including speaking and understanding language. For some people, a brain injury can affect the ability to live an independent life.
After an accident, the full effects of a brain injury are not always visible. They can be incredibly subtle, but still have a significant impact on the lives of those injured.
If you or someone you love has been injured, qualified legal professionals can help ensure you receive appropriate compensation. The lawyers at Montoya Hinckley understand the laws governing personal injury and have experience working on cases dealing with brain injuries. Talk to our attorneys about your case and find out how we can help you get the settlement that you need and deserve after a head injury.
Many Causes Can Lead to Serious Brain Injuries
The Amount of a Brain Injury Settlement Can Correspond to the Severity
According to the Mayo Clinic, brain injuries can be caused by common events. These incidents include auto accidents, falls, sports injuries, and even violence. In some cases, a brain injury is the result of the negligence of another individual or organization. Examples include, but are not limited to:
- Workplace accidents
- Vehicular accidents (car, truck, and motorcycle)
- Defective products
- Premises accidents
- Nursing home accidents
Brain injuries that are the result of negligence can be compensated through a personal injury lawsuit or settlement.
The Impact of Brain Injuries
Unfortunately, traumatic brain injuries (TBI) are common. In fact, the Agency for Healthcare Research and Quality found that “[i]n 2017, there were over 1 million TBI-related inpatient stays and treat-and-release ED visits combined.”
Even more concerning than the number of brain injuries are the repercussions for those who suffer. Quite simply, they can be overwhelming. Some symptoms, which may be evident almost immediately, include:
- Nausea and vomiting
- Difficulty speaking
- Blurred vision
- Mood changes
- Sleep changes
- Concentration issues
- Memory loss
These symptoms may also persist over time, hindering the injured person’s ability to return to work, enjoy life, and even live independently. It is important to recognize that there are other symptoms that may not be initially evident. It is critical for a person who has suffered a brain injury to obtain prompt medical treatment to prevent further brain damage.
Brain Injury Lawsuits
What Is the Average Payout for a Head Injury?
Because every brain injury case is different, settlements for head injuries vary widely. In mild brain injury cases, such as a mild concussion that the person recovers from in a month or two and has no lasting effects, compensation will likely depend upon the length of recovery and may be easier to determine. However, in cases involving severe traumatic brain injuries that result in permanent disability, recovery and treatment can be incredibly expensive and result in significantly higher damages to compensate the injured person for medical bills, therapy bills, pain and suffering, and lost wages, as well as future lost wages due to the person’s inability to return to work. Between the mild and severe traumatic brain injuries are a wide range of moderate brain injuries, and a settlement amount will likely vary depending upon the severity of the brain injury and the length and extent of recovery.
In general, brain injury settlements can be anywhere from tens of thousands of dollars to millions, depending upon a number of factors.
- Injury Severity: Of course, the extent of the injury is considered. Settlements in the multimillion-dollar range are often awarded to those victims who suffered major injuries and have significant deficiencies. That does not mean that those with less severe injuries should not pursue legal action. In fact, the effects of even minor brain injuries can be considerable and often are unknown for years. Historically, compensation has been awarded for a broad range of injuries.
- Length and Extent of Recovery: The length of time that it takes a person to recovery factors into the amount of compensation that he or she will receive for a brain injury. Some people fully recover, and some people heal to some extent but never recover to their pre-injury condition. The permanency of a brain injury also factors in to the settlement amount.
- Cost of Care: Brain injuries can impact a person’s cognitive and, sometimes, physical abilities, and many people who have suffered a brain injury require some level of medical care. In some cases, the needed assistance may be minor and short-term, while in others, it can be more significant or even ongoing for the rest of the person’s life. Care can also include the cost of specialized treatment, therapy, retraining, assistance, and transportation, if necessary.
- Loss of Income and Wages: While most people will miss some work as a result of a brain injury, some may not be able to return to their previous employment. A person who misses work, or who is unable to work, because of a brain injury caused by the negligence of another is entitled to recover for lost wages during the time they are unable to work, including future lost earnings if the person is unable to work due to his or her brain injury.
- Non-economic Damages: Non-economic damages like pain and suffering, loss of enjoyment of life, emotional distress, mental anguish, and disability may also be recoverable by a person suffering a brain injury due to someone else’s negligence. Because the extent of non-economic damages varies on a case-by-case basis, predicting the amount of non-economic damages can be very difficult. (no it doesn’t) Your brain injury attorney can help you understand what you can expect to receive.
- Liability: Whether the injured person is also partially at fault for the traumatic brain injury, due to his or her own negligence or fault, also factors into the amount of a settlement. A person who is fault free can generally obtain a settlement that is larger than a person who is partially at fault for the accident that caused the brain injury.
In short, calculating an “average settlement” amount for a head injury is difficult, as the amount of the settlement will depend on multiple factors, many of which are unique to each client’s situation. Our experienced brain injury attorneys at Montoya Hinckley can help you understand what you can expect to receive based on the facts surrounding your case.
Maximize the Payout for a Head Injury
To Ensure You Get the Brain Injury Settlement You Deserve, Hire an Experienced Attorney
The importance of working with an experienced attorney who specializes in brain injuries cannot be overstated. An experienced attorney understands the complexities of the law surrounding traumatic brain injury claims, knows how to put together a persuasive case establishing liability, and can present compelling evidence to establish damages related to the brain injury.
The impact of brain injuries can be far-reaching. The injured person’s loved ones are frequently affected, and the emotional impact on them can be considerable, due in part to the fact that they may need to shoulder some responsibility for the injured person’s physical care. Depending upon the extent of the injury and how the person is affected, relationships can be permanently changed. Unfortunately, in many cases, life will never be the same again. Under certain circumstances, the loved ones of a person who has suffered a traumatic brain injury due to another person’s negligence may be able to recover damages for injury to their relationship with the injured person.
An attorney well-versed in personal injury law will know the steps to take to maximize your settlement and ensure you are appropriately compensated for medical costs, lost wages, and pain and suffering.
Montoya Hinckley Brain Injury Attorneys Are on Your Side
Our attorneys understand that there is no amount of money that can make things “right.” Frequently in cases involving brain injuries, the injured person never fully recovers. The brain injury lawyers at Montoya Hinckley know that costs associated with recovering from and living with a brain injury can be considerable, and that the financial impact of a traumatic brain injury can be devastating to a family. Our experienced attorneys will work to try to ensure that you recover compensation for your injuries and the expenses that you have already incurred, in addition to the future expenses and losses you are likely to incur.
Our brain injury attorneys at Montoya Hinckley take the time to listen to your story, to get to know you on a personal level, and to understand your unique situation. We consult with medical and economic experts to show how your traumatic brain injury has affected you, and how it is likely to affect to you in the future. From the first day that you meet with a lawyer from Montoya Hinckley, you can feel confident knowing that you have an experienced brain injury attorney putting together the best possible case for you to the compensation that you deserve.
Negligent parties should be held responsible for their actions, and those injured should receive the compensation they deserve in a brain injury settlement.
Contact our attorneys today at 509-895-7373 for a free consultation and learn more about how they can help.