Traumatic Brain Injury Settlements

Traumatic brain injury settlements result from accidents with serious injuries. A brain injury can have permanent effects, like loss of memory, loss of motor functions, and loss of cognitive abilities. In short, a traumatic brain injury could leave someone paralyzed. Regardless of the extent of the injuries, many victims decide to take legal action by filing a brain injury lawsuit. 

Rosenfeld Injury Lawyers handles many of these cases and can secure a brain injury settlement. As medical bills and missed work add up, we can help you take steps to collect compensation to help pay for your recovery. Read on to learn what you need to know about traumatic brain injury settlements.

Value of TBI Settlements

A traumatic brain injury case can help you deal with a life-changing injury if you win. Many of these cases are settled out of court by insurance companies or other liable parties. The average settlement for a traumatic brain injury case is nearly impossible to describe since every case is unique. 

However, as experienced brain injury attorneys in Chicago, Rosenfeld Injury Lawyers has previous cases that may help you see what fair compensation looks like for your case. 

In a case where a cyclist was hit by a car, we negotiated a $510,000 settlement. The amount was based on the fact that the victim had a mild traumatic brain injury.

In a construction accident, we secured a $4.13 million settlement for the victim. They fell when the scaffolding collapsed, leading to a pelvic fracture and traumatic brain injury. 

There are many ways to experience a traumatic brain injury, making it difficult to find two cases that are exactly the same. However, brain injury victims have the chance to file a personal injury case and collect compensation. If they win, their settlement can vary considerably, but receiving a fair settlement can help victims manage the resulting problems in their lives. 

Seeking Compensation for a TBI

Seeking compensation for a severe traumatic brain injury follows the same process as other personal injury claims. Your lawyer collects evidence and files claims on your behalf, which can lead to a trial or an out-of-court settlement. The value of brain injury settlements depends on numerous factors. 

Types of Damages in TBI Cases

A car crash victim with a mild traumatic brain injury experiences damages that an experienced personal injury attorney can file claims for. Many types of damages can be claimed, including:

Economic damages, such as:

• Medical bills
• Future medical expenses
• Physical therapy
• Lost earning capacity
• Lost wages
• Long-term care costs
• Rehabilitation

Non-economic damages, such as:

• Pain and suffering
• Loss of enjoyment of life

Factors Affecting Settlement Value

How much compensation you will receive is affected by several factors. The severity of the TBI can have an effect. In general, a mild traumatic brain injury will receive less compensation than a severe one. Likewise, the long-term prognosis of whether you will get better or not can increase the compensation. 

Cases that have a bigger impact on your daily life and ability to work often see more in compensation. However, it is largely tied to who is found liable. States that use a comparative negligence system could reduce your compensation proportionally based on the situation. 

The Role of a Traumatic Brain Injury Lawyer

Recovering from a traumatic brain injury case takes time and energy, which means you may not be in a position to fight a legal battle on top of everything else. Having a lawyer who practices personal injury law handle your case can make a big difference in your recovery. 

Investigating the Accident

Lawyers are skilled at investigating accidents and uncovering evidence that can play a crucial role later in your case. They know exactly what to look for and how to find the evidence to back up your side of the case effectively. 

Working with Medical Experts

Lawyers often work with medical experts to document the impact of your TBI and contextualize it in a case. That way, the judge or a jury can understand the complicated medical information in an easier-to-understand way. 

Negotiating with Insurance Companies

Lawyers can also handle negotiations with the insurance company. TBI settlement values determined by insurance companies are often lower than they should be, but you don’t have to accept the first offer you receive. You and your lawyer can negotiate a better settlement with the evidence your lawyer collected. 

Litigating the Case

If need be, your lawyer can take your case to trial and litigate it on your behalf. Having a lawyer handle this part of the case can improve the amount of compensation you can expect to receive. 

What is a Traumatic Brain Injury?

A traumatic brain injury is a severe injury to the brain that can have temporary or long-term effects and is caused by some kind of physical trauma. They are often associated with car accidents or falls from high platforms. 

A TBI can be rated as mild, moderate, or severe depending on the amount of damage. A mild traumatic brain injury can have temporary effects, such as dizziness. 

A moderate TBI can have symptoms like motor function impairment that can last for a long time and require physical therapy to treat. Severe TBIs can have lasting effects, such as loss of speech or motor functions that cannot be restored. 

The potentially debilitating outcomes and the need for extensive healthcare lead to traumatic brain injury lawsuits. Victims often need extensive care and can see life-changing effects on their lives. In some cases, accident victims are left paralyzed or unable to return to work, making it difficult to make a living or provide for their families.

In other cases, victims can die from TBIs or related effects, leaving a lasting impact on their families. To address the problems that suffering a traumatic brain injury can cause, victims or their families are likely to file a traumatic brain injury case to recover compensation that can help with their situation. 

Common Causes of TBIs

Traumatic brain injuries are most often associated with car accidents since it is easy to see how an accident can easily lead to head trauma and brain damage. However, a TBI can happen in nearly any accident. For example, a slip and fall accident can easily cause traumatic brain damage. 

Sports injuries can cause similar problems, especially in contact sports like football. Even mild impact sports that don’t rely on headgear, like soccer, can lead to a serious brain injury. 

Workplace incidents are also a likely source of brain injuries. Construction accidents can quickly escalate out of control, but any workplace can experience accidents. Alternatively, violent crimes, like assaults, can leave victims with traumatic brain injuries if they are hit on the head during an altercation.

The Impact of a TBI

Brain injuries are always serious since they can impact the rest of your life. They can affect you in a variety of ways, and how you are affected can determine the value of your case. 

Physical Effects

The physical effects of a brain injury can develop quickly or take time to notice. However, they often require medical treatment to manage. In some cases, the effects are temporary. Fatigue, for example, can develop quickly but go away on its own over time. Dizziness is another immediate symptom of a TBI, as are headaches and sensory problems. 

In more severe cases, conditions like seizures and sleep disturbances can develop and may not go away without specialized treatment. Every brain injury is different and can have various physical effects. 

Cognitive Effects

A head injury can impact your cognitive abilities, making it difficult to think or use skills that you previously mastered. Memory problems are common after a significant head injury. Many victims can’t remember what happened to them in detail. 

Slowed thinking and difficulty communicating are also common after an injury and take time to resolve. Over the next few weeks, you may also develop trouble concentrating on tasks that you didn’t have problems with before. 

Emotional and Behavioral Effects

Damage to your brain can cause problems with the way that it functions, affecting everything from basic skills to behavioral issues. People with brain damage often experience anxiety and depression for a while afterward. Irritability and mood swings can also become a problem during the healing process. 

The issues can affect your life even if you are otherwise fine. Changes in behavior and emotion management after an accident can put more of a strain on your relationships, especially with those providing ongoing care for you. 

You may also see sweeping changes in your overall personality as you recover from a brain injury. There are cases where people have noted a complete change in the victim’s personality, which can be long-lasting or permanent. 

Contact a Personal Injury Lawyer for Legal Assistance with a Traumatic Brain Injury Case

If you are suffering from a brain injury, consult with a lawyer sooner rather than later. You may be able to take legal action, and the amount of compensation you can recover depends on getting the right help. Otherwise, you may have to accept a low offer based on insurance coverage and insurance policy limits.

At Rosenfeld Injury Lawyers, we understand how hard it is to recover from a traumatic brain injury, and we are here to make the legal process easier for you. From negotiating with lawyers to preparing for trial, our legal team works with you every step of the way to make sure you receive the compensation that can help you make a full recovery. 

Contact our Chicago personal injury lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Let us fight to get you the compensation that you deserve. 

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.