Personal Injury Law Blog

Average Traumatic Brain Injury Settlements in California

Traumatic brain injuries are among the most devastating injuries a person can endure. Some victims never fully recover, leaving family members with an unimaginable path ahead. Traumatic brain injuries can cause permanent issues with movement, emotions, behavior, or cognitive ability. After an accident, you may justifiably wonder, How much compensation do you get for a traumatic brain injury? The answer varies. While no amount of money can ever replace what was lost after a traumatic brain injury, a just traumatic brain injury settlement can help you and your family cope with the sudden changes to your way of life. A personal injury attorney understands what to do and works to secure a favorable settlement on your behalf.  

What Is a Traumatic Brain Injury

Unlike most body tissues, the brain cannot regenerate its cells. Traumatic brain injuries often cause permanent cell damage and broken connections leaving bodily functions you once took for granted gone forever. Simply put, a traumatic brain injury is an injury that affects how the brain works. The symptoms of a traumatic brain injury may include all or some of the following:

  • Difficulty speaking, 
  • Memory loss, 
  • Change in taste or smell, 
  • Tinnitus, 
  • Loss of vision, 
  • Loss of balance and coordination, 
  • Behavioral changes, 
  • Cognitive impairment, 
  • Depression, and
  • Anxiety.

More immediately, a traumatic brain injury may cause serious infections or a coma. Many people who suffer from a traumatic brain injury require some form of care and rehabilitation for the rest of their life. Based on the long-term financial obligations of caring for someone with a traumatic brain injury, you should speak to a personal injury attorney as soon as possible to discuss your average settlement for a traumatic brain injury. 

Causes of Traumatic Brain Injuries 

The severity of a traumatic brain injury typically depends on the degree of force that initially caused the injury. A traumatic brain injury can occur from any number of activities and events. The most common causes of traumatic brain injuries include the following.

Car Accidents

Accidents involving cars, motorcycles, bicycles, and pedestrians can cause traumatic brain injuries. These accidents often occur with a strong degree of force, causing the victim’s head to hit against a hard surface like a car window or even pavement.  

Falls 

Falling from a great height such as a ladder or the top of a staircase may cause a traumatic brain injury. 

Sports Injuries

The nature of contact sports such as football, hockey, boxing, and soccer creates a higher risk of traumatic brain injury in those who engage in these activities. 

Criminal Acts

Victims of criminal acts such as domestic abuse, assault, and child abuse often suffer from traumatic brain injuries. 

Although everyone is at risk of suffering from a traumatic brain injury, children under the age of four, persons aged 15-24, and individuals over the age of 60 are more susceptible to this type of injury. 

What Is an Average Settlement for a Traumatic Brain Injury?

Amounts vary wildly between severe traumatic brain injury and mild traumatic brain injury settlements in California. Generally, those victims suffering from a severe traumatic brain injury receive larger settlements. However, this fact should not dissuade those experiencing mild symptoms from pursuing a compensation claim. In some situations, it may be years before you understand the full impact of your injury. Seeking compensation provides support to you and your family in the years ahead.

Because no two cases are ever the same, there is no average settlement for a traumatic brain injury. Your injury attorney evaluates the details surrounding your claim to determine how much compensation you can get for your traumatic brain injury. 

Factors Affecting Brain Injury Settlement Amounts 

Various factors affect the value of a traumatic brain injury settlement. Some, but not all, may pertain to your case. However, as your attorney gathers more information regarding your claim, they are better equipped to provide you with an average settlement for your traumatic brain injury. Generally, the most common factors affecting traumatic brain injury settlements include the following.

Severe Traumatic Brain Injury vs. Mild Traumatic Brain Injury 

Those suffering from a severe traumatic brain injury tend to recover more than those suffering from a mild traumatic brain injury. Traumatic brain injuries often result in chronic conditions, including long-term medical costs. The results can be particularly devastating for those family members left to care for someone debilitated by their injury. Severe traumatic brain injuries may leave someone permanently disabled and require constant 24-hour care. Those suffering from mild traumatic brain injuries such as concussions may also experience pain and a prolonged recovery. However, those injuries’ intensity greatly contrasts with those who are left permanently changed by their injury. 

Recovery and Prognosis

Some traumatic brain injuries never heal, and a victim never returns to the person they were before their accident. If a doctor does not believe a victim’s condition will improve, this factor impacts the average settlement for a traumatic brain injury despite extensive therapy and other treatment. Therefore, it’s never advised to negotiate how much compensation you get for your traumatic brain injury until you receive a clear prognosis. 

Clearly Defined Liability 

Clear liability in an accident dramatically impacts traumatic brain injury settlements. California applies the tort principle of comparative negligence in all personal injury claims. Comparative negligence provides that even if you are partly at fault for your injury, you may still recover compensation from the defendant. For example, suppose you were rear-ended by a distracted person, and the collision’s impact left you with a traumatic brain injury. However, it is determined that your rear tail lights no longer function. Suppose that the judge determines that you were 10% at fault for driving with broken tail lights. That means that your overall compensatory award will likely be reduced by 10%. 

Contact Us

Brain injuries don’t just affect the victim, but their entire family. A traumatic brain injury can change a person entirely and permanently, leaving loved ones to pick up the pieces. It’s not uncommon to feel overwhelmed by mounting medical expenses and the emotional toll of such a devastating experience.

Attorneys Joshua Glotzer and Daniel Lieb of Glotzer & Lieb, LLP., are here to help. We focus on getting clients the compensation they deserve, and we also work on empowering clients to get back on their feet. To us, you are never just a number. We maintain close relationships with many clients long after the resolution of their cases. Traumatic brain injuries represent a particularly complex area of personal injury law.

We know what it takes to build a strong case on your behalf. Please don’t attempt to pursue a traumatic brain injury settlement without our help. Contact us today for a free case review and find out how we can assist you during this difficult time. 

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