We are often asked, “What is the average settlement for a traumatic brain injury?” We wanted to answer that question in this article.
A traumatic brain injury (TBI) can be devastating for both the injured person and their loved ones.
If you or someone you love has experienced a TBI due to the negligent actions of another party, it is important to understand your rights under the Texas legal system.
The average settlement for a TBI is difficult to determine because each case is unique, and as variables such as the severity of injury change—the amount of compensation changes.
The leading causes of traumatic brain injuries are falls, impacts with an object, and car accidents. But there are countless ways a traumatic brain injury could occur.
The Centers for Disease Control and Prevention (CDC) defines a TBI as a disruption in the normal function of the brain that can be caused by an impact to the head.
Over 2.8 million Americans experience a brain injury each year.
Right to File a Personal Injury Claim
If you or a loved one has sustained a TBI in an accident due to the negligence of another party, you may be entitled to compensation.
The experienced Texas personal injury lawyers at Flores, Tawney, & Acosta P.C., understand the seriousness of your injuries.
We know that we cannot erase the pain of your injuries.
But if someone else is responsible, we can help you get the compensation you need to move on with your life.
Traumatic Brain Injury in Texas
According to the Brain Injury Association of America – Texas Division, there are some startling statistics that demonstrate the prevalence of TBI in the Lonestar state:
- 144,000 Texans sustain a traumatic brain injury every year;
- 5,700 Texans are permanently disabled every year because of a TBI; and
- 381,000 Texans (2% of the population) live with a TBI-related disability.
There are more than 5.3 million individuals in the United States who are living with a permanent brain injury-related disability. That’s one in every 60 people.
Traumatic Brain Injury Symptoms
A traumatic brain injury is a unique diagnosis that can only be made by a medical professional.
Assessments may include a neurological exam to evaluate your motor function, cognition, coordination, eye movement, and more.
Imaging tests such as MRI scans and CT scans may also be used.
According to the U.S. Food and Drug Administration, TBIs occur in varying degrees.
Up to 75% of TBIs are considered mild. Diagnosis is complicated by the fact that TBIs are difficult to identify and may have delayed onset.
Some general traumatic brain injury symptoms include:
- Speech impairment,
- Difficulty thinking or reasoning,
- Ringing in the ears,
- Sensitivity to light or sound,
- Vomiting or nausea,
- Behavioral changes,
- Weakness in arms or legs,
- Attention deficits, and
- Memory problems.
If you or a loved one have sustained an impact on the head and have any of these symptoms, you should see a physician to be evaluated.
TBI Lawsuit Settlement Amounts In Texas
No two personal injury cases are exactly the same, which makes determining the average settlement for traumatic brain injury virtually impossible and somewhat meaningless.
TBIs can range from mild and temporary to completely debilitating.
The severity of the injury and circumstances surrounding the accident will determine how much compensation you are entitled to.
In most cases, you will be eligible to receive compensatory damages for current and future expenses, along with compensation for pain and suffering.
Some recoverable damages include:
- Medical expenses,
- Physical therapy,
- On-going in-home care,
- Loss of past and future wages,
- Post-traumatic stress, and
- Loss of enjoyment of life.
An experienced personal injury attorney will help you determine the value of your claim.
What to Expect From a Texas Traumatic Brain Injury Lawyer
Understanding the long-term impacts of your TBI is a key component to receiving the compensation you deserve.
At Flores, Tawney, & Accosta P.C., we are dedicated to combing through every aspect of your case to ensure nothing gets missed. You can expect us to do everything we can, including:
- Conduct a thorough independent investigation into the accident that resulted in your TBI;
- Gather evidence to prove the cause of your TBI, along with past and future treatment costs;
- Compile proof of the severity of your injury, the injury’s impact on your finances, and the impact on your overall quality of life;
- Negotiate with insurance companies to achieve a fair settlement before pursuing litigation;
- File your personal injury lawsuit with the court and take care of all legal correspondence;
- Prepare for trial and advocate zealously on your behalf.
We have been recognized by Super Lawyers and The National Advocates for our high standards and our steadfast commitment to putting our clients first.