Traumatic brain injuries are often life-altering and, at worse, life-threatening. Most people dealing with this serious injury are eager to get back to the life they once knew. Understandably, this leads victims of traumatic brain injuries to wonder how quickly they can settle their case and what the average settlement for a brain injury might be. So you are not alone if you wonder, What is the average settlement for traumatic brain injuries? But the truth is: there is no such thing as an “average” settlement for a personal injury case involving traumatic brain injuries.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is brain dysfunction that is usually precipitated by a blow to the head. Traumatic brain injuries are usually caused by things like car accidents, falls, or injury from a firearm. In 2019 alone, there were more than 223,000 TBI related-hospitalizations in America. Some people do not immediately seek medical treatment, leaving injuries to worsen over time. Your best option is to seek medical treatment after receiving a blow to the head or severe whiplash. A medical provider can diagnose any injuries and put you on the road to recovery.
What Is A Settlement Agreement?
A settlement agreement is a document evidencing an arrangement between the parties that officially establishes the terms of a negotiation that happened outside of court. The settlement agreement also establishes the damages amount the parties agreed to—this is the amount the defendant’s insurance company is willing to pay and the amount the victim is willing to accept as fair.
If the parties can reach an agreement outside of court, it saves both sides a great deal of time, money, and stress. But you need an attorney you trust to negotiate on your behalf. An lawyer can accurately calculate what your case is worth, and they can use proof and the threat of trial to get the insurance company to offer the right amount. Without an attorney, the chances are quite good that you would jump at a lowball offer just to get some money in the door. And if you do that, you can never go back for more money regardless of how much your injury ultimately costs you.
What Is a Good Settlement for a Traumatic Brain Injury?
Since each case is utterly unique and damages vary widely from one injury case to another, there really is no such thing as an “average settlement amount.” A good settlement for a traumatic brain injury depends on the case’s unique circumstances. The liable party may offer settlement amounts based on various factors, including the extent of your injuries, comparative fault, lost wages, and insurance policy limits.
Factors Affecting Your Settlement Value
An experienced attorney evaluates your case to determine the highest amount your case is worth. Your lawyer may also have the lowest acceptable settlement amount in mind and advise you not to accept anything lower than that amount.
Extent of Your Injuries
Settlement amounts are largely based on the extent of your injuries. More severe injuries tend to bring in higher settlement offers. Injury severity is broken down into tiers:
- Tier 1 Injury—Severe injuries that likely require surgery or ongoing medical treatment, including permanent disfigurement, traumatic brain injuries, spinal injuries, or death;
- Tier 2 Injury—Broken bones, cuts, and wounds; and
- Tier 3 Injury—Injuries to soft tissue such as bruises, strains, or sprains
Tier 1 injuries tend to have higher treatment costs and typically receive substantially higher settlement offers than tier 3 injuries. This is also due to the extensive pain and suffering associated with the treatment of sustained injuries.
In Colorado, the amount of fault attributed to you matters. This is referred to as comparative fault. If you are 50% or more at fault for your accident, then you receive nothing. Companies are often aware of this and may try to get you to admit to liability to reduce their payout. That’s why having a trusted lawyer negotiating a settlement for traumatic brain injuries for you is essential. They know what to say, what not to say, and how to get you the maximum compensation.
Insurance Policy Limits
Insurance policy limits may cause you to get less money than an injury has cost you. If the at-fault party has a low policy limit, you might have other options for recovery. For instance, there might be a third party who shares responsibility for your injuries. If so, you might be able to sue that third party for the remaining amount of your losses.
An example of this would be if a commercial vehicle hit you while the driver was on the job. If so, you might be able to sue the company the driver works for. Also, suppose your TBI is from a car accident, and you have underinsured motorist coverage. In that case, you might be able to collect from your own insurance company. There are many variables here, and your lawyer can tell you if you have any other recourse for low policy limits.
Lost Wages and Medical Bills
Treatment plans for traumatic brain injuries are time-consuming and are rarely resolved through initial outpatient care. Ongoing treatment typically requires time away from work. If you have missed workdays due to your injuries, your settlement amount should include compensation for those missed days.
We Can Help
Gerash Steiner Blanton, P.C. has a strong team of seasoned lawyers with decades of experience fighting for clients like you. Attorney Eric Steiner is also a medical doctor with a background in thoracic surgery spanning over 17 years. This level of medical knowledge and experience gives our firm a deeper understanding of the nature and true severity of our client’s injuries. Attorney Michael Blanton alone has recovered over $40,000,000 for his clients over the past 20 years. Mr. Blanton is experienced in civil litigation. He is passionate about advocating for the rights of his clients, and he has experience at the municipal, state, and federal court levels. Additionally, Gerash Steiner Blanton, P.C. has served the local community for over 30 years. Our firm is ready and waiting to assist you with your personal injury case. Reach out to our firm today, so we can work together to obtain the compensation you deserve.