Severe damage to the brain resulting from blunt force trauma in an accident is one of the most severe types of injuries often resulting in permanent disability, paralysis, and loss of cognitive abilities. The average settlement in a brain injury lawsuit is dependent on several factors including the severity of the damage, its long term impact on the individual, requirement for disabilities care, life impact, pain and suffering compensation and the availability of punitive damages. Based on several source of data and anecdotal evidence from our client the average brain injury lawsuit settlement can be anywhere from tens of thousands to millions of dollars. Below we will present you with a basic guideline as to the numerous factors which established a rough estimate of what an average brain injury settlement amount would be.
If you have any further questions regarding brain injury settlements feel free to reach out to us by calling our offices toll free (855)385-2529.
1. Extent of Severity of the Brain Injury: Every year over a million individuals in the United States suffer some form of brain injury. The vast a majority of brain injuries are reported as MTBI or Mild Traumatic Brain Injury with includes concussions. More severe types of brain injury are defines as either a moderate to severe traumatic brain injury or simple a traumatic brain injury. More severe types of brain injury carry with them long term or permanent and physical and psychological damage. The most widely used method of determining the severity of the a head trauma is the Glasgow Coma Scale which assesses neurological abnormalities in the brain. The test uses a 15-point test which measures motor response, verbal response and eye opening.
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2. Lost Wages and Loss of Income: In many instance victims of severe injuries are not able to return to work for extended periods of time resulting in tens of thousands of dollars in lost wages. Victims of brain injury may suffer from permanent cognitive and neurological injuries depriving them of proper tool needed properly function in a workplace environment. In such cases courts will assess the monetary value for the loss of future income due to an inability to work.
3. Life Care Costs – Disability Care: Victims of moderate to severe traumatic brain injury often require disability care. According to estimates the life time cost of disabled care, which may include nursing care, home care, rehabilitation expenses, and transportation costs may run into the millions of dollars.
4. Calculating Pain and Suffering: Under the common law system of personal injury litigation victims of serious injuries are able to receive recovery for the pain and suffering resulting from their injuries from all at fault parties. The exact calculation for the recovery amount differs based on the jurisdiction where the injury took place. For example in the state of California awards for pain and suffering are calculated on a Per Diem basis. In a Per Diem jurisdiction the jury is charged with calculating a daily dollar amount for an injured parties pain and suffering emanating from an accident. So if the victim has pain from her injuries for 100 days and a jury places a daily (per diem) value for her pain at $800.00 then the total calculation for pain and suffering will amount to $80,000.000.
5. Availability of Punitive Damages: In rare instances victims of personal injury have a right to collect punitive damages from at fault parties. Punitive damages are placed on a defendant or multiple defendant when their actions display either an intent to cause harm or reckless endangerment for the lives of other because of their actions. The purpose of punitive damage are not to award a plaintiff for damages but to punish defendants so that they refrain from further negligent or intentional actions.
Types of Compensation Available for Victims of Brain Injury: Plaintiffs who have sustained serious injuries due to the negligent or intentional conduct of others are entitled to compensation for all their damages. Common damages in personal injury cases often include
- All medical and rehabilitation costs
- Cost of future medical expense
- Cost of Disability care
- Lost Wages and loss of income
- Pain and suffering
- Punitive damages
Attorney Representation: To speak to a personal injury attorney in order to learn more about your legal rights to compensation for your injuries contact our law offices toll free (855)385-2529.