Unfortunately, many accidents result in traumatic brain injuries, such as concussions, which can alter victims' lives by causing long-term pain or disabilities and enormous financial issues.
However, personal injury law states that individuals who have been injured in an accident caused by someone else are entitled to compensation for their medical bills and other damages.
Victims have two options to try to recover compensation for their injuries: negotiate a settlement with the at-fault party's insurance company or file a personal injury lawsuit. Since the litigation process is time-consuming and stressful, most prefer to resolve these cases out of court.
However, injured people may wonder how much money they could receive if they settle their cases. This leads to the next question: what is the average settlement for a concussion in Texas?
Understanding What a Concussion Is
Concussions are a type of mild traumatic brain injury, also known as a TBI, that impairs a person's brain function even though there are no visible wounds.
Sadly, concussions are common in car accidents, as they often occur when the head is hit, causing the brain to make contact with the inside of the skull. In simple terms, these injuries are often caused by a blow to the head.
Concussions also happen when the body is struck, causing the head to move back and forth rapidly.
Although they aren't life-threatening, they can be serious and cause severe symptoms, affecting the injured person's well-being.
What is the Average Settlement for a Head Injury?
Since several factors can affect these cases, it's virtually impossible to calculate how much a traumatic brain injury case is worth. An experienced personal injury attorney can help victims estimate the settlement amount. They can also give insight on an average settlement for back injury Texas.
However, as mentioned, different variables can impact the value of a case and, consequently, the sum that insurance companies are willing to offer.
A person who suffered a concussion in a car accident, for example, could settle their personal injury case for $70,000. If the injured individual experiences severe symptoms, this payout could be bigger.
When the victim sustains serious injuries that cause long-term disability or require surgery, the settlement amount can exceed $1,000,000.
Factors That May Affect the Settlement of a Concussion Case
As explained above, several factors can impact the value of a traumatic brain injury case. These are the most important:
The Severity of the Head Injuries
Some victims sustain traumatic brain injuries with mild symptoms, but others suffer life-altering damage. This is why settlement amounts vary so dramatically. The more severe the injury, the more expensive the medical treatment will be.
These are some of the symptoms of a concussion:
Vision changes
Chronic headaches
Loss of consciousness
Slurred speech
Confusion
Extreme drowsiness
Seizure
Lack of focus or concentration
Personality changes
Poor impulse control
Depression and anxiety
Disability
Post-concussion syndrome
Unfortunately, these symptoms can greatly affect people's well-being, interfering with their daily tasks and reducing their quality of life. It isn't fair that someone has to go through this overwhelming experience because of a person's carelessness and negligence. That's why the compensatory sum must consider this factor.
The Value of Damages
This is closely related to the severity of the injuries. As mentioned, settlements should compensate victims for their emotional, financial, and physical damages. That means fair sums should cover medical expenses, lost wages, pain and suffering, and more.
If victims sustained severe brain injuries, they may be entitled to compensation for other damages, including the following:
Future medical expenses
Estimated cost of future treatment if they need rehabilitation or therapy
Estimated future loss of income
Lost of employment benefits
The need for at-home care
Neurological evaluation
Sometimes, victims cannot recover from their severe traumatic brain injuries and die. In these cases, their loved ones may be entitled to compensation and can take legal action by filing a wrongful death lawsuit to recover the following damages:
Loss of companionship
Funeral and burial costs
Loss of care
Loss of consortium of the victim
The "Modified" Comparative Negligence System
In Texas, personal injury cases are handled under a modified comparative fault rule that often affects the amount of money injured people can get if they settle their cases.
Under this modified comparative fault system, injured people can sue the other party even if they're found to be partially liable for the accident. However, their compensation must be reduced by their percentage of fault.
In a car accident case, for example, a jury may determine that the plaintiff is 20% at fault for the crash. That means they would only be entitled to 80% of the damages.
Texas has also set a "51% bar," which means injured parties who are found to be more than 50% liable for the accident that caused their injuries won't be able to recover compensation.
Insurance companies evaluate cases exhaustively to determine whether injured people could be favored in court. If claimants have strong evidence that the other party was guilty, insurers will likely offer a fair settlement sum.
Legal Representation
When an insurance company negotiates settlements with a personal injury attorney instead of victims, adjusters are often willing to offer fair amounts.
An experienced personal injury lawyer in Houston knows adjusters' tactics to try to reduce victims' compensation but always goes the extra mile to negotiate a fair settlement and protect their clients' rights.
Other Factors That May Affect the Value of Concussion Cases
The following factors could also affect the value of a traumatic brain injury case and, consequently, the settlement amount victims can negotiate with insurance companies:
Victims' age and health condition
The effect of injuries on a person's health
Victims' financial situation
Prognosis assessment
Certainty of liability
Cost of the litigation process
Insurance policy limits
Do Victims Need Help from a Personal Injury Attorney?
A personal injury lawyer cannot guarantee that injured people will get the compensation they expect but will do everything in their power to make sure their rights are respected. Moreover, professionals know the tactics of insurers and will be prepared to challenge their claims to help victims get the best possible results. They can also help with questions such as is it illegal to drive without a bumper.
Call Schuerger Shunnarah Trial Attorneys Today!
Individuals who sustain a traumatic brain injury in an accident caused by someone else are entitled to compensation. At Schuerger Shunnarah Trial Attorneys, we're ready to help them. Our team has extensive experience in personal injury law and offers the legal advice that concussion victims need. Call us today!