The adjective “traumatic” implies that whatever the adjective is describing is very severe – potentially even cataclysmic.
However, not all traumatic brain injuries (TBIs) are classified as serious; they can range from mild to severe on a case-by-case basis.
As such, the average settlement for traumatic brain injury harm can also vary significantly, and one who has suffered such an injury type should not assume that they will be able to recover a certain amount in damages based on the experiences of others.
That being said, you should consider the types of damages recoverable in a traumatic brain injury settlement, as well as factors that impact a settlement.
Types of Damages Recoverable in a Traumatic Brain Injury Case
If you can prove that another’s negligence caused your TBI, you can seek compensation for the full value of harm suffered. There are both special damages (economic damages) and general damages (noneconomic damages) that are recoverable in a brain injury lawsuit. These damages include:
- Any medical expenses associated with the injury, both present and future;
- Lost wages suffered, as well as loss of future benefits and earnings;
- Costs of therapy or rehabilitation;
- Any property damage costs you’ve suffered; and
- Any other costs you have incurred or expect to incur as a direct result of the TBI.
- Emotional distress and anguish;
- Diminished quality of life;
- Pain and suffering;
- Shock; and
- The value of any other noneconomic losses you have suffered as a result of the TBI.
How Brain Injury Lawsuits Calculate Settlements
In addition to thinking about the types of damages recoverable, the other thing to think about is how these damages calcualte and what factors may affect the average settlement for traumatic brain injury.
Economic damages get calculated based on their actual value. In other words, if you suffer $100 in medical expenses, then you can seek $100 in damages for medical expenses.
Noneconomic damages, on the other hand, are harder to calculate. Occasionally, we have a multiplier method where an attorney assigns a number, based on injury severity and losses, (a greater multiplier used in more severe cases). Then, the value of economic losses gets multiplied by the chosen number in order to arrive at the value of noneconomic damages.
Keep in mind that the types of damages suffered and degree of damages are hardly the only factors that affect your settlement amount. Things like degree of fault, evidence available, and the sources of compensation (i.e. insurance) available also play a big role, too.
Meet with Our Experienced Traumatic Brain Injury Lawyers Today
To learn more about traumatic brain injury lawsuits and how you can maximize your settlement amount, reach out to our experienced legal team at the law office of VanDerGinst Law today. We offer free consultations, have the experience you need, and are passionate about helping people like you.