What Is the Average Settlement for Traumatic Brain Injury?

By Michael GrossmanJanuary 29, 2020Reading Time: 5 minutes

This post contains answers to common questions about the factors that most impact the value of a traumatic brain injury settlement in Texas.

If you or a loved one suffered a severe head injury due to the carelessness or negligence of someone else, you might be considering legal action. 

So they have an idea what their case could be worth, victims and their families often wonder about the average value of traumatic brain injury settlements.

Brain injury lawsuit settlements pose complex challenges that are best handled by an experienced personal injury attorney. A traumatic brain injury lawyer can evaluate your case and estimate your potential settlement value.


Is There an Average Brain Injury Settlement Amount?

Brain injuries are as unique as the victims who suffer from them. Because no two cases are alike, it is impossible to identify an average TBI settlement amount. These settlements do tend to be higher than many other types of personal injury claims, however, due to the severity and potential for permanent disability.

Although you might find traumatic brain injury settlement calculators online, these sites cannot accurately gauge the severity of your claim or evaluate the details. Head injury settlement calculators also cannot calculate the value of your damages accurately. 

To better understand the potential value of your TBI case, talk to an experienced head injury attorney.

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What Types of Accidents Can Lead to a Traumatic Brain Injury?

A traumatic brain injury (TBI) can result from any incident that disrupts brain function, such as:

  • A sharp jolt or blow to the head,
  • An object penetrating the skull,
  • A stroke or aneurysm, or
  • Oxygen deprivation.

As a result of TBI, the victim can develop neurological disorders that require specialized care, usually for the duration of the victim’s life. Although medical practitioners can manage these conditions, no treatment or cure exists for TBIs.

Some of the most common ways to sustain a severe injury to the brain include:

  • Motor vehicle accidents,
  • Medical malpractice,
  • Slip and fall accidents, and
  • Work-related accidents.

No matter how you or a loved one sustained a traumatic brain injury, you may have the right to pursue legal action if another party’s actions caused the damage. A brain injury lawyer can identify and hold the at-fault party accountable for their actions.

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What Factors Influence the Value of Traumatic Brain Injury Settlements?

Brain injury lawsuit settlements should compensate the victim for all of their actual damages. Depending on the details of your case, this might include financial, physical, and emotional damages, such as:

  • Doctor and hospital bills,
  • Medical testing and evaluation,
  • Rehabilitation and therapy,
  • Neurological evaluation and treatment,
  • At-home or inpatient care,
  • Lost wages and benefits, and
  • Pain and suffering.

Because most TBI victims require long-term treatment and care, your brain injury attorney may also incorporate the following into your estimated settlement:

  • Estimated future loss of income,
  • Estimated cost of future care and treatment,
  • Diminished quality of life, and
  • Diminished earning capacity.

In some cases, the victim’s family members may also have cause to pursue legal action. If, for example, a spouse could sue for loss of care, companionship, or consortium of the victim. Your attorney can help you explore your options for pursuing compensation based on the details of your case.

If a loved one died due to a traumatic brain injury, a Texas wrongful death lawyer can help you hold the at-fault party accountable.

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Does a Traumatic Brain Injury Qualify as a Permanent Disability?

In most cases, TBI victims sustain long-term or permanent disability.

Any severe head injury can compromise the victim’s physical, emotional, and mental capacity. Some of the most common physical effects of TBI include:

  • Seizures,
  • Chronic headaches,
  • Balance problems,
  • Chronic fatigue, and
  • Muscle spasms.

Cognitive and behavioral effects of traumatic brain injuries often include:

  • Memory loss,
  • Lack of focus or concentration,
  • Poor impulse control,
  • Personality changes,
  • Depression, and
  • Anxiety.

Head injury victims often experience a cluster of these or other symptoms. As a result, victims often cannot form or maintain personal relationships, socialize, or hold a job. These are just some of the potential reasons why a TBI injury could qualify as a permanent disability. In that case, the value of your legal claim could increase accordingly.

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How Long Do You Have to File a Lawsuit for Your TBI Claim?

The Texas statute of limitations provides you with only two years to take legal action for a traumatic head injury or wrongful death. If the at-fault party was a governmental agency, you might have even less time – as little as six months. If you fail to file your civil action before the statutory time limit, you could lose your right to recover compensation for your injuries.

Talking to a TBI attorney can help protect your legal right to sue the at-fault party and ensure a quicker resolution to your case.

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Why Do I Need a Lawyer for a TBI Settlement?

In Texas, you can pursue a personal injury claim or even file a lawsuit without legal representation. However, having an experienced brain injury lawyer on your side provides multiple benefits. 

For example, when you trust the Texas personal injury attorneys of Grossman Law Offices to handle your case, you benefit from our extensive knowledge and experience.

To obtain a brain injury settlement and recover fair compensation for your damages, we must demonstrate the at-fault party’s negligence. This requires an in-depth investigation into the facts of your case. We must gather evidence to establish the elements of negligence and prove your damages. But the process does not end there.

We negotiate with the defendant’s insurance company to obtain the best possible TBI settlement for you. If the at-fault party’s lawyers will not negotiate in good faith, we stand prepared to take your case to court. Throughout the process, we fight aggressively to protect your legal rights and get you the settlement you deserve.

Additionally, and most importantly, you will likely net more compensation with the help of a lawyer.

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Examples of Brain Injury Lawsuit Settlements Achieved by Grossman Law Offices

With more than 30 years of experience, we know how to get results for our clients. These are just a few examples of the settlements and verdicts we have achieved for our clients.

  • $2 million recovery for a serious, work-related brain injury;
  • $1.765 million recovery for a TBI caused by a commercial vehicle accident;
  • $1.75 million recovery for an alcohol-related slip and fall head injury;
  • $1.15 million recovery for an in-utero brain injury caused by a car accident;
  • $550,000 recovery for a workplace-related head injury; and
  • $350,000 recovery for a head injury related to premises liability.

Although these achievements are not typical, we go above and beyond to help our clients get the settlement or verdict they deserve. The amount of your brain injury lawsuit settlement will depend on the factors of your case and the nature of your injuries. However, the sooner we can get started on your case, the better our chances of bringing you favorable results.

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Consult a Texas Personal Injury Lawyer Today

If you sustained a serious head injury, talk to one of the traumatic brain injury lawyers of Grossman Law Offices as soon as possible. The insurance company may ask you for a recorded statement or offer you a quick, lowball settlement to minimize their liability. We will sit down with you, evaluate your case, and recommend a strategy for moving forward.

For your free case evaluation, contact us now. We look forward to answering your questions about the average settlement for traumatic brain injury in Texas.