Traumatic brain injuries (TBIs) are some of the worst and most life-changing accidents that can happen. TBIs happen when the head is hit suddenly. They can do a lot of damage to the brain, which can have long-lasting physical, mental, and financial effects. Understanding the average traumatic brain injury settlement in California is essential for victims seeking compensation, which can help cover extensive medical costs, lost wages, and long-term care needed.
Average Traumatic Brain Injury Settlement in California
Every traumatic brain injury claim is unique. Many factors come into play when determining a settlement amount for the affected party. Simply put, there is no average amount for a settlement, as the payouts vary greatly from case to case. However, it is very important for TBI victims and their families to know what factors affect the settlement worth of a case as they go through the legal system.
Factors That Affect Settlement Amounts
A traumatic brain injury claim in California is settled for a certain amount based on a number of important factors. While every case is different, here are some things that are usually taken into account when figuring out how much to settle for:
- The severity of the injury. The level of severity of the TBI is a big part of the compensation received. There are three levels of TBI: mild, moderate, and serious. Mild TBIs, like concussions, may have short-term effects, but moderate to serious injuries can have effects that last a long time or even forever.
- Serious TBIs often cause problems with thinking or moving, or even a persistent vegetative state, which makes the settlement worth much higher.
- Costs of medical care. After a serious brain injury, medical care can cost a lot of money. This includes trips to the emergency room, surgeries, stays in the hospital, physical therapy, and continued medical care. Some victims need medical help for the rest of their lives. Most of the time, settlements will cover both past and future medical bills because people with TBIs often need ongoing care.
- Lost wages and the ability to make money. People who have had a TBI might not be able to go back to work for a long time, or ever. A settlement can include money to make up for lost wages while the person is recovering and for the loss of future earning ability if their injury keeps them from going back to work or getting any work in the future.
- Changes to the quality of your life. A lot of the time, traumatic brain damage makes people’s lives more difficult. People who are victims may lose their memories, have trouble focusing, have mood swings, become depressed, and experience other mental effects that make it harder for them to enjoy life. Settlements take into account how the accident made the person feel and what they went through mentally.
- Long-term disability. A TBI can sometimes leave the victim forever unable to do things. The settlement will look at how the accident will affect the person for a long time, whether the disability is physical (like paralysis) or mental (like memory loss or poor cognitive function).
- Level of negligence. The payout will also depend on how negligent the other party is found to be.
- Insurance coverage. The settlement may also depend on how much insurance is available to pay for the losses. In cases where the person who is at fault has a lot of insurance, the settlement may be bigger. However, if the person who caused the accident doesn’t have insurance or has inadequate insurance, it might be harder to get full compensation without using other legal options.
Types of TBI Settlements
The goal of most TBI settlements is to pay clients for both their economic and non-economic losses. In TBI cases, some common types of losses are:
- Medical costs. This includes the costs of treatment, surgery, therapy, and recovery, both in the past and in the future.
- Lost wages. Money to make up for the wages you lost because you couldn’t work after the accident.
- Loss of earning capacity. This one is for people who can’t go back to work or have to take a lower-paying job because of mental or physical problems.
- Physical pain and emotional suffering. These are damages that aren’t based on money but are meant to make up for the mental and physical pain that was caused.
FAQs
How Much Money Can You Get From a Traumatic Brain Injury?
The amount of money someone gets for a TBI relies on how severe the injury was, how much it costs to treat, how much money they lost at work, and how it changed their life. Settlements usually include both present and future costs, like the cost of rehab and long-term care. A personal injury lawyer can help you figure out how much your case is worth based on its specifics and make sure you get fair pay.
How Much Should I Settle for After a Head Injury?
For a head injury, the settlement amount depends on how bad the injury is, how much it costs to treat it, and how it affects the person’s life in the long run. The amount you should settle for should be discussed with a lawyer who can analyze your costs and the effect the injury has had on your life to provide you with a reasonable and fair amount to accept.
Is TBI a Lifelong Disability?
Depending on how bad the injury is and where it happens, a TBI can leave a person with long-term or permanent problems. Some people may fully heal or regain a lot of function over time, but others may have long-lasting physical, mental, or emotional problems that make it hard for them to live on their own and do the things they need to do. Different people are affected in different ways.
What Is the Life Expectancy After a TBI?
The degree of TBI and the general state of the person define their life expectancy. While some persons with more severe TBIs may have problems impacting their long-term health, others recover well and go on to lead full lives. Working closely with doctors will help one to grasp personal prognosis and care requirements.
Contact Corrales Law Group
If you suffered a traumatic brain injury, you may be able to receive compensation for your hardship. Contact Corrales Law Group today, and we can help you on your journey.