Brain Injury Awareness Month: What Impacts the Value of a Brain Injury Settlement?
Traumatic brain injuries (TBIs) can be life-altering, affecting cognitive function and memory, as well as causing mobility challenges and other lasting changes that impact daily life. Because of this, it is critical to secure a fair brain injury settlement so the injured party has access to ongoing medical care, rehabilitation, and financial stability. But what does a “fair” settlement really mean in a brain injury case? And what factors matter the most weight when determining the value of compensation?
Common causes of TBI are car accidents, workplace accidents, sports injuries, and slip and fall accidents. If you or a loved one is suffering from a brain injury caused by the negligent actions of another, you do not have to suffer alone. An experienced, local brain injury attorney can meet with you to discuss your accident, assess your losses and injuries, and fight for a full and fair settlement on your behalf.
What is a “Fair” Brain Injury Settlement?
Because traumatic brain injuries can have lasting cognitive, physical, emotional, and financial consequences, a fair resolution is not just about covering current medical bills. It should account for how the injury has changed your ability to work, function independently, and enjoy life. In serious cases, the impact may extend decades into the future, which makes long-term planning essential. Ultimately, a “fair” brain injury case settlement compensates for the true lifetime impact of the injury, not just the immediate bills or short-term lost wages.
A fair settlement typically considers compensation for:
- Past and future medical expenses, including hospitalization, rehabilitation, therapy, medications, and assistive devices.
- Lost wages and diminished earning capacity if the injury affects your ability to work.
- Pain and suffering, including cognitive impairment, emotional distress, and reduced quality of life.
- Long-term care needs, such as in-home assistance or specialized treatment.
- Out-of-pocket costs related to transportation, home modifications, or caregiving.
How Are TBI Settlements Calculated?
TBI settlements are calculated by analyzing factors such as physical, cognitive, and emotional damages, medical expenses, lost income, pain and suffering, and future care needs. Because every brain injury affects victims differently, the value of a settlement depends on the specific facts, severity, and long-term consequences of each individual case.
Never accept a settlement offer from the insurance company before you understand the value of your claim. An experienced TBI Attorney will help you calculate the true value of your claim, accounting for past and future expenses.
What Impacts the Value of a Brain Injury Settlement?
There are several major factors that influence the value of a brain injury claim:
- Severity of the Injury/Impact on Life. The single biggest factor in the value of a traumatic brain injury claim is the severity of the injury and its long-term impact on the victim’s life.
- A mild brain injury, such as a concussion, which may result in temporary symptoms, will typically result in lower compensation.
- Moderate traumatic brain injuries often cause noticeable cognitive or physical issues, which can increase the value of a settlement.
- Severe brain injuries, especially those involving long periods of unconsciousness, lasting cognitive decline, or physical disability, typically result in higher settlements because of their long-term effects and the need for ongoing care.
- Medical Expenses (Past and Future). Personal injury settlements are intended to cover all medical expenses related to the injury, including past expenses and a projection of future expenses. Keep in mind that severe injuries may require ongoing medical care, and lifetime care costs can run into millions of dollars. As a result, the value of the settlement is greatly affected by medical expenses.
- Lost Income and Diminished Earning Capacity. TBI settlements account for lost wages while the injured person was recovering, and also for lost earning capacity/reduced retirement contributions in the case of a life altering/permanent injury.
- Pain and Suffering. The settlement includes compensation for physical discomfort, mental anguish, emotional trauma, depression, emotional and psychological impacts, and the general loss of enjoyment of life. The more suffering that can be proved, the greater the potential compensation.
- Insurance Coverage and Policy Limits. One harsh reality is that settlements are often capped by the liable party’s insurance policy limits. No matter how well-documented the claim, the plaintiff cannot recover more than the insurance policy limit, though injury attorneys will explore all possible options, including umbrella policies, multiple defendants, or underinsured motorist coverage.
The strength of the evidence establishing liability against the defendant and the skill of your injury attorney will also have a major impact on the outcome of your claim.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
