Every year, a significant percentage of Americans sustain head injuries due to motor vehicle accidents, unprofessional medical conduct, and other careless acts. A traumatic injury is a type of head injury. According to data from the CDC, about 1.7 million Americans sustain traumatic brain injuries every year.
TBIs can be minor or quite severe, but mostly any brain injury results in serious consequences. Not only will you feel bad, but when you sustain a TBI, you may lose memory, experience mood swings, slurred speech, nausea, and headaches. You may also lose balance and basic motor functions and fail to perform as you once did.
The effects of a Traumatic Brain Injury may last anytime from a few days to months or even the rest of your life. TBI treatment is quite expensive and can be life-changing.
Pennsylvania law allows TBI victims to seek compensation if the freak accident resulted from another party’s negligent actions. The tortfeasor will be liable for your injury. Typically, the process begins with settlement talks.
What is the average compensation for traumatic brain injury?
Considering the possibility of long-term, life-altering consequences, it can be challenging to put a solid figure on how much an average TBI claim should settle. TBI results in many different economic and non-economic consequences.
However, 2019 stats indicate that TBI claim settlement range from $1-$14,810,734, with some cases, even settling for amounts upwards of $20 million. one out of 100 TBI claim settlements exceeded $1million, with the average settlement amount standing at $72,168 and the median award at $13, 359.
A few notable recent TBI claim settlements include a $14 million payment to a woman who sustained a brain injury due to an accident caused by a tire that was defective on her motorcycle. $7.5 million was awarded to a woman who was rendered comatose for 3 weeks after a car accident and took two months to rehabilitate.
There is also the $26million awarded to a man in Florida who sustained permanent brain damage in a freak accident encompassing a commercial truck.
A woman in North Carolina who suffered a mild TBI, including short-term memory loss, partial complex seizures, depression, fatigue, and mood changes, settled for $800 000.
How is TBI compensation calculated?
TBI damages can be categorized into either economic or non-economic damages. Economic damages include medical expenses, including expected future charges, surgery-related costs, long-term treatment and care costs, lost wages including future earnings when you may not go to work, property damage, and funeral expenses.
Economic damages are easy to calculate. They are typically based on the actual value. For example, if you suffer $70million medical expenses, you are free to seek the same amount in compensation for medical expenses.
According to the BIA (Brain Injury Association), the annual cost of treating brain injuries in America is above $75 billion. The organization continues to say that TBI patients can expect the following costs:
- Up to $1000 a day for outpatient therapy
- Up to $2500 per day for residential facility rehab
- Up to $8000 per day for hospital-based rehab.
On the contrary, non-economic damages are not straightforward to value. Non-economic injuries include loss of consortium, tarnished reputation, and mental and physical pain. Attorneys use a multiplier to calculate these types of damages. The multiplier is based on severity, with severe losses paying more. On average, non-economic damages settle for ten times the value of economic damages.
All in all, a lot of factors play in the calculations of TBI damages. For example, in cases where the defendant is clearly at fault, they may offer a fair settlement amount than when a fault is not clear. Other factors that affect settlement amount in TBI claims include characteristics of the victim, the place the case is tried, and the number of defendants. Conservative venues are known to award lower amounts in damages than urban venues.
Due to many factors, including the potential for long-term, life-altering damages, TBI claim settlement amounts are not straightforward to calculate. Even if you have the bills on medical and property damage, there’re hidden costs to consider. Most TBI patients will be glad to receive an immediate settlement offer without considering future expenses and hidden costs. It’s a wise idea to consult with an experienced TBI attorney so you can ask for the maximum fair amount.
Do you need the services of a traumatic brain injury lawyer in York Pennsylvania? From representing concussions to skull fracture patients, on-the-job stroke victims, etc., we are experienced TBI attorneys. Indeed, we have worked with various TBI patients and helped them secure the maximum fair amount in damages. Give us a call to find out how we can help with your TBI claim.