How Much Compensation Can I Claim for a Traumatic Brain Injury?Last updated on: September 30, 2022
According to data by the Centers for Disease Control (CDC), there were more than 60,000 Traumatic Brain Injury (TBI) related fatalities in 2020 alone. TBIs are a devastatingly serious injury that require a high level of care and attention when dealing with financial and health care repercussions. TBI victims often have a reduced quality of life after an accident, and in the worst cases, TBI victims lose their life entirely.
Survivors of TBIs often require financial compensation to help them with costly medical care. If you or a loved one suffered a TBI, it’s important to know your legal rights and how much you can be compensated for a TBI claim.
For a free consultation with a TBI lawyer, call Zinda Law Group at (800) 863-5312 today.
How Much Compensation Can I Claim For A TBI?
While each TBI case is unique, there are certain factors in each case that influence how much can be claimed for a TBI. This article will cover those important factors and give you a general understanding of how much compensation can be claimed for your TBI case.
In a TBI case, there are primarily two categories of damages that you can recover for: economic damages, and non-economic damages.
Economic damages are those which are quantifiable, meaning that they are a billed expense that you may have had to cover by paying out of your own pocket. These damages typically compensate:
- Lost earnings
- Medical expenses
- Funeral and burial expenses
- Cost to repair or replace damaged property
Non-economic damages are harder to quantify. These types of damages typically compensate:
- Pain and suffering
- Mental and emotional anguish
- Diminished quality of life
- Loss of companionship
There is one other type of damages that can be awarded in a TBI case, known as punitive damages. Punitive damages are aimed at punishing the defendant for particularly egregious conduct. While punitive damages are awarded in very rare circumstances, they may be more relevant to a TBI case than a basic slip and fall case, for example.
What’s The Average Amount of Compensation You Can Claim for a TBI?
The CDC estimates that the annual cost of acute treatment and rehabilitation for people with brain injuries in the United States is between $9 billion and $10 billion. This excludes indirect costs to society and families, such as lost wages, lost productivity, and costs related to the provision of social services.
The lifelong cost of caring for a survivor with severe traumatic brain injury is estimated to be between $600,000 and $1,875,000. Costs vary depending on the severity of the damage and its specific long-term repercussions. The facts of your case will play a role in the amount of compensation that you can receive.
Factors That Affect The Amount Of Compensation For A Tbi
The following are a few of the many variables that could impact the settlement amount for your brain injury:
- Liability. Settlement values will be greater in cases where it is obvious who was at fault for the accident. When there is disagreement over who is responsible, the defendant can be hesitant to make a reasonable settlement offer.
- Contributory liability. It may be difficult to determine how much each defendant should pay when there are several people who may be responsible for the accident. There may be an additional difficulty if each defendant is represented by a different insurance company.
- Prior Medical History. Your prior medical history will undoubtedly have an impact on settlement value. The defendant will try to use your prior medical history to show that a previous condition or ailment contributed to your injuries more than the TBI.
- Age, Occupation, and Educational Background. These are all primary factors used to determine lost wages and future earning capacity. If the defendant was especially young and their parents are well educated, with high-paying jobs, the amount of money offered in the settlement will reflect that.
- Location of the Trial. A jury is composed of members of the community where the trial takes place. For example, if the community comprising the jury has a lot of parents in it, it may make a difference if the victim had children as well.
- Particularly Egregious Behavior. Punitive damages are intended to hold the defendant accountable for especially irresponsible and heinous behavior. As mentioned, punitive damages are rarely awarded, however, you may be able to use the threat of punitive damages as a bargaining chip during settlement negotiations.
- Duty to Mitigate. When it is reasonable to do so, the plaintiff must attempt to minimize (or prevent) damages. The insurance provider could lower the amount of your payout to reflect your failure to seek quick medical attention. For instance, if you delayed seeking treatment after your accident and as a result your injuries are more difficult to treat.
Apart from this list, there are other various factors that will influence how much you can claim for compensation. An experienced TBI attorney can help analyze the facts of your case and explain to you the various advantages you may have during settlement negotiation.
Need Help? Contact Zinda Law Group Today
If you have suffered a TBI and need a lawyer, our attorneys are ready to discuss the facts of your case. Your quality of life has been affected by someone else’s negligence, and you deserve compensation for the impression that the injury has made on your life.
You can feel confident in the quality of our services because we have a No Win, No Fee Guarantee, which means that you do not pay us anything unless we obtain a favorable outcome for your case. It will cost you nothing to speak to an attorney at the Zinda Law Group, and we can help determine your legal options for making a financial recovery.
Call our TBI attorneys at (800) 863-5312 to schedule your free consultation today.
Meetings with attorneys are available by appointment only.