The average settlement for a brain injury depends on the severity of your injuries, your medical expenses, any loss of wages or future earning capacity, and whether or not insurance can cover your damages. The settlement will also depend on who was at fault.
The negligence of the at-fault party—as well as any pain and suffering they cause—might also be taken into consideration. In order to truly find out how much you could receive by filing a brain injury claim, a Charlotte traumatic brain injury lawyer can help.
Factors That Affect Brain Injury Settlement Amounts
Brain injury settlement amounts are based on the specific circumstances of every case. Your Charlotte traumatic brain injury law firm can help you understand how the details of your circumstances can influence your potential settlement.
In the meantime, these general factors often play a major role in the process of determining the value of your settlement.
Severity of Your Injuries
The extent of your brain injury is a very influential factor when it comes to calculating the total value of your settlement. Mild traumatic brain injuries (TBIs)—such as concussions—may result in lower settlements compared to moderate or severe TBIs.
This is because the increased severity of the TBI often yields long-term or permanent disabilities. Cases involving severe injuries like this often result in higher settlement amounts to account for ongoing medical care, a loss of earning capacity, and a reduced quality of life.
Medical Expenses
Medical costs associated with a brain injury can be staggering. The more extensive the medical care you require, the higher the settlement is likely to be.
Settlement amounts typically include compensation for the following healthcare-related measures:
- Emergency room visits
- Diagnostic tests, such as MRIs and CT scans
- Surgical procedures
- Hospital stays
- Rehabilitative care
- Physical therapy
- Prescription medications
Lost Wages and Future Earning Capacity
Brain injuries can prevent victims from returning to work either temporarily or permanently. Settlements often account for a loss of income in the following ways:
- Wages lost during recovery
- Future earning potential
Pain and Suffering
Non-economic damages—such as pain and suffering—can also affect the total amount of money you receive from your brain injury settlements. These damages are intended to account for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
Liability and Negligence
Determining who is at fault and the degree of negligence involved can impact your settlement amount. If the defendant’s liability is clear and the negligence is severe—such as in cases of drunk driving or reckless behavior—the settlement may be higher.
Availability of Insurance Coverage
The amount of insurance coverage that is available from the at-fault party’s provider can also influence your total settlement. Cases involving higher policy limits often yield larger settlements, whereas limited coverage plans may restrict the amount of compensation.
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Typical Settlement Ranges for Brain Injury Cases
Settlement amounts for brain injury cases vary widely. They often range from thousands to millions of dollars. Let’s take a look at the general overview of potential settlement ranges based on the type of injury in question.
Mild Brain Injuries
Cases involving mild TBIs—such as concussions—typically result in lower settlements due to shorter recovery periods and less intense medical treatment.
Moderate Brain Injuries
Victims with moderate TBIs may be eligible for greater compensation. This is due to the way people in this position often require longer recovery periods, ongoing medical care, and time away from work.
Severe Brain Injuries
With an average range in the millions of dollars, severe brain injuries often result in permanent disabilities that require lifelong medical care. This level of injury can also significantly reduce the victim’s quality of life.
As a result, these cases usually involve the highest settlement amounts. These ranges are not guaranteed, and it’s important to remember that these are general ranges. The specific details of your case will determine the actual settlement amount you receive.
How Legal Representation Can Maximize the Average Brain Injury Settlement
Hiring a personal injury attorney can make a big difference in the outcome of your case. Here’s what a lawyer can do for you:
- Negotiate with insurance companies on your behalf
- Gather evidence, medical records, and accident reports
- Determine the full extent of your damages
- Represent you in court if necessary
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Schedule a Consultation With Our Charlotte Traumatic Brain Injury Law Firm for Help Pursuing a Brain Injury Settlement
Brain injuries can render you physically, emotionally, and financially devastated. While no amount of compensation can fully undo the damage you experienced, a fair settlement can provide you with monetary support.
At DeMayo Law Offices, we want to help you understand the factors that could influence your settlement amount. We also know that insurance providers are notorious for trying to pressure brain injury victims into accepting low settlement offers.
Let us protect you from predatory practices. When you hire us as your legal counsel, you can learn about us and why we believe in People Over Profits™. With more than 250 years of combined experience, we have recovered over $1 billion in compensation. Call now.
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