There were approximately 214,110 TBI-related hospitalizations in the United States in 2020, according to the Centers for Disease Control and Prevention (CDC). That’s more than 586 hospitalizations per day. This leaves out people treated only in an emergency department or not treated at all.
Total treatment for such injuries varies widely in severity and long-term effects. Settlement value can also depend on several factors. This includes medical expenses, lost income, future care needs, liability, available insurance coverage, and applicable state law.
Let’s discuss how these factors affect the settlement amount of a traumatic brain injury.
The Type and Severity of the Injury Come First
Severity usually decides more about a case’s worth than anything else. Penetrating injuries sit at the dangerous end of the range, especially when an object stays lodged in the brain. Concussions sit at the other end.
Concussions are the most commonly diagnosed brain injury. The good thing is, it is also the fastest to recover from. In fact, patients recover within a few weeks. Contusions and anoxic injuries, on the other hand, are two types of traumatic brain injuries that tend to be more serious than a concussion.
Settlements for an injury that resolves within a few weeks usually come in well below those for injuries that can leave lasting effects, including anoxic injuries, penetrating injuries, and serious contusions. That gap exists because the medical facts of the injury feed into many of the factors below, from treatment costs to lost earning capacity.
Fault and Liability Still Have to Be Established
A claim brings in real money only when the claimant can show the other party’s fault through negligence or another basis of liability, document the injury with medical evidence, and establish how the accident happened.
Fault is a spectrum, rather than a binary condition. In most jurisdictions, some degree of comparative fault applies to claimants and proportionately reduces their award. In a pure comparative state, that reduction applies no matter how large the claimant’s share is.Â
A modified comparative state, a claimant whose share reaches a cutoff, usually 50% or 51%, recovers nothing. A handful of jurisdictions bar recovery for any fault at all.
Current and Future Medical Costs
Medical costs are often among the biggest pieces of a brain injury settlement, and they come in two kinds. There are the bills already piled up. Then there is the treatment still ahead, which could mean ongoing therapy, medication, or specialized care, depending on how the injury has affected the person’s long-term functioning.
Sorting out both figures is part of what a head and brain injury lawyer does for a client. Serious brain injuries often need care long after the hospital stay, so future care can become the largest single portion of a case.
Lost Income and Diminished Earning Capacity
Lost wages are relatively easy to calculate, but lost earning capacity after a TBI is more complicated. If the injury makes it difficult to concentrate, process information, or do the same work as before, the loss across the person’s working years is estimated separately, often with help from vocational and economic experts.
Pain and Suffering, and Quality of Life
Some losses never arrive with a bill. Physical pain is one. So is losing the everyday things a person used to do without thinking. After a brain injury, mood and personality often change. Depression and anxiety are common, too.
Records from the treating doctor and therapist can put that in writing. The people closest to the claimant can describe how things look now versus before.
How Severity Moves Several Factors at Once
In general, a more severe injury drives up medical bills, lost income, and non-economic losses together. Outcomes can still differ between two similar injuries, since the claimant’s share of fault and the coverage available to pay the claim both affect the final amount.
Why Getting an Accurate Valuation Matters From the Start
As much as settlement amounts are tied to how serious the injury is, treating a serious brain injury like a routine one can leave the true loss underpaid. Detailed medical documentation of the injury, showing how it relates to the specific type of accident, and a realistic accounting of the injured party’s needs help give the settlement a better chance of reflecting the lasting nature of the injury.
