Traumatic brain injuries can have devastating and life-changing consequences, causing disabilities in the most serious cases. Unfortunately, victims don't always know the full impact of them until months or even years later.
However, any individual who sustains a traumatic brain injury (TBI) due to someone else's negligence or carelessness is entitled to compensation for their medical expenses and other damages.
Since the legal process of filing a claim can be stressful and time-consuming, injured people often decide to negotiate a settlement with the at-fault party's insurance company. This payout could be a lifeline for victims and their families since TBIs often cause physical or emotional pain and take a huge financial toll on them.
How much money could victims get if they settle traumatic brain injury cases? Is there an average settlement amount? Below is more information on this topic.
Traumatic Brain Injury Settlements in Texas
Before exploring the figures on the average value of traumatic brain injury cases, it's important to understand how these settlements work in Texas.
Essentially, a brain injury settlement is the compensation that victims can receive if they were harmed in an accident caused by someone else's negligence or carelessness. These settlements allow injured people to recover medical expenses and other costs, which may include the following:
Rehabilitation and long-term care needs
Pain and suffering
Lost wages
Lost earning capacity
And more
What Is the Average Brain Injury Settlement in Texas?
It's difficult to estimate the Texas average brain injury settlement. Depending on the circumstances surrounding the case, these sums can range from hundreds of thousands of dollars to millions.
A personal injury case for a mild traumatic brain injury could be worth less than $100,000. In Texas, a person who suffered a close-head injury in a workplace accident recovered $550,000, for example.
Some people have even recovered over $1,800,000 because their injuries were severe, caused disability, or required expensive surgeries.
However, traumatic brain injury settlements are typically higher than other types of personal injury claims since these injuries can be much more serious and permanently alter victims' lives.
Factors That Can Affect the Value of a Traumatic Brain Injury Claim
Several factors can affect the amount of money brain injury victims can be awarded if they decide to negotiate a settlement. However, this payout may vary due to the following:
The Value of Damages
Settlements should compensate injured parties for their current damages, which can be emotional, physical, and financial. In addition to medical expenses, lost wages or earning capacity, and pain and suffering, victims could recover compensation for neurological evaluation, at-home care, lost employment benefits, and the need for therapy.
If injuries require long-term treatment or care, the settlement should also compensate for:
Diminished quality of life
Estimated future loss of income
Estimated cost of future care and treatment
When victims don't recover and lose their lives, their family members have the right to pursue legal action through a wrongful death lawsuit, which can compensate for these damages:
Loss of care
Loss of companionship
Loss of consortium of the victim
The more severe the injuries, the higher the amount victims could recover.
Will the Injury Cause Permanent Disability?
As mentioned, traumatic brain injuries can cause long-term or permanent disability, affecting people's physical, mental, and emotional abilities. These are some of the effects that victims might experience:
Balance problems
Chronic fatigue
Chronic headaches
Seizures
Anxiety
Depression
Memory loss
Lack of focus or concentration
Personality changes
Poor impulse control
Unfortunately, many traumatic brain injury victims experience many of these symptoms and cannot hold a job, complete daily tasks, socialize, or maintain personal relationships.
Under personal injury law, people who lose their quality of life, job, or earning ability, and experience those painful symptoms are entitled to compensation. Therefore, these factors can also affect the settlement amount.
The Comparative Fault Rule in Texas
Texas follows a modified comparative fault system, which is another crucial aspect that can affect traumatic brain injury settlements.
The "modified" comparative fault standard states that people injured in an accident can sue the other party even if they were partially responsible. However, the compensation that victims can receive for their injuries should be reduced in these cases.
When resolved through litigation, the court or jury assigns a percentage of fault to each party. If plaintiffs are found to be partially responsible for the accident, compensation should be reduced by their share of blame.
In this state, this rule is known as the "51% bar" since injured people who are more than 50% to blame for the accident cannot recover any damages.
When negotiating with insurance companies, insurance adjusters evaluate the case to determine if claimants could win if it goes to court. If victims have strong evidence, insurers are more likely to make fair offers.
Is a Seasoned Traumatic Brain Injury Lawyer Representing Victims?
Although a personal injury lawyer cannot guarantee victims will recover a specific amount as compensation or settle their cases for a specific amount, they'll go the extra mile to ensure their clients are awarded fair compensation.
Insurers know this and often make fair settlement offers when the claimant is working with an experienced personal injury attorney. They can also consult on the average settlement for slipped disc Texas.
Other Factors That May Affect the Settlement Amount in a Traumatic Brain Injury Case
In addition to the ones mentioned above, the following factors could affect traumatic brain injury settlements:
The victim's age and health condition when the injury occurred
Their earning capacity
The policy limits set by the insurance company
Long-term prognosis
Whether victims experience emotional and mental trauma
Certainty of liability
Cost of litigation
Do Traumatic Brain Injury Victims Need a Lawyer?
Traumatic brain injury cases can be intricate and time-consuming. Besides dealing with the intense pain that these injuries cause, victims often experience a lot of stress and have to handle many things, making this process much more overwhelming.
However, personal injury attorneys in Houston can fight for victims' rights, build a solid case, and handle negotiations with insurance companies while injured individuals focus on recovering.
Contact Schuerger Shunnarah Trial Attorneys Today!
Looking for an experienced personal injury attorney to handle a traumatic brain injury claim in Houston, Texas? Contact Schuerger Shunnarah Trial Attorneys today!