Traumatic Brain Injury Settlements: What You Need to Know

A traumatic brain injury (TBI) can cause permanent and debilitating effects to an individual, and it is estimated that over 2.5 million people suffer from a TBI each year. Although the initial symptoms of a TBI may be consistent with a concussion or mild TBI (mTBI), it is important to monitor the symptoms closely and immediately seek medical attention if they worsen.

Importantly, if the injury is a result of a third party, such as a slip and fall, unsafe construction conditions, or your surgeon, you may be entitled to compensation for your injury. The knowledgeable brain injury attorneys at Jacob D. Fuchsberg Law Firm are attuned to the challenges victims of mild TBIs face. If you've suffered a mild traumatic brain injury due to someone else's negligence, understanding your legal options and potential settlement amounts is crucial for seeking the justice and compensation you deserve.

mTBI vs. TBI: The Spectrum of Brain Injuries

While both TBIs and mTBIs involve damage to the brain, the two types of injury differ in terms of severity and potential effects.

Mild Traumatic Brain Injury (mTBI)

Usually resulting from a bump, blow, or jolt to the head, mTBIs often cause temporary symptoms like headaches, dizziness, fatigue, memory problems, and mood swings. Although most people recover from mTBIs fully, a significant portion experience post-concussion syndrome, with symptoms lasting for months or even years.

Traumatic Brain Injury (TBI)

This broader term encompasses a wider range of conditions, from mild concussions to severe, life-altering injuries. Severe TBIs can result in coma, permanent disability, and even death.

Symptoms and Hidden Impacts of TBI

As mentioned, traumatic brain injuries are typically caused by an outside shock to the head that disrupts normal brain function.

Common symptoms include:

• Headaches and dizziness
• Confusion
• Fatigue
• Blurred or double vision
• Nausea and vomiting
• Neurological problems including slurred speech, weakness of arms, legs, or face, and loss of balance

In some cases, even light symptoms may not appear immediately after the injury and can take days or even weeks to manifest. And while the initial symptoms may not seem as serious as those associated with severe traumatic brain injury, the long-term consequences can majorly alter the victim's life.

In the brain, a TBI can result in bleeding, swelling, inflammation, and damage to important nerve fibers, leading to life threatening changes in the brain’s ability to function.

Injuries may result in:

• Widespread damage to the brain’s white matter
• Concussion and post concussion syndrome
• Bleeding in and around the brain caused by a burst blood vessel
• Bruising and swelling of the brain
• Skull fractures
• Neurological disorders

In turn, these symptoms may affect the victim’s daily activities, relationships, and ability to work.

More than five million individuals in the U.S. live with a TBI-related disability, highlighting the long-term repercussions of these injuries.

Common Causes of TBIs

Mild traumatic brain injuries can result from various accidents and mishaps stemming from negligence, including the following.

Medical Malpractice

Negligence during medical procedures or misdiagnosis can also lead to TBIs, potentially causing significant harm to patients already dealing with health challenges.

Scaffolding Accidents

Scaffolding accidents are responsible for significant injuries throughout New York City and often result in serious physical injury and TBIs.

Workplace Accidents

Falls, equipment malfunctions, and falling objects are common causes of head injuries in various work environments. They can all lead to TBI or worse outcomes.

Car Accidents

Vehicular accidents are the leading cause of TBI. They’re a common outcome of rear-end collisions and rollovers, where the sudden impact can cause the brain to move within the skull, resulting in injury.

Slip and Fall Accidents

Slips and falls are another frequent cause of head injuries leading to TBI and other complications, particularly among older adults.

Truck Accidents

The size and weight disparity between trucks and other vehicles often lead to high-impact collisions and a higher risk of TBI.

According to the Brain Injury Association of America, an estimated 2.8 million people in the U.S. sustain a traumatic brain injury each year. The CDC reports that falls are the leading cause of TBIs, accounting for roughly 52% of TBI-related hospitalizations. Motor vehicle crashes are the second leading cause, contributing to 20% of hospitalizations.

Understanding Your Right to Compensation

If you've suffered a brain injury due to someone else's negligence, you have the legal right to pursue compensation for your losses through a traumatic brain injury claim or lawsuit.

The compensation you stand to receive can be used to cover various damages, including:

• Medical Expenses: Compensation for past and future medical expenses related to your injury, such as hospital stays, doctor visits, medication, and rehabilitation.
• Lost Wages: Recovery of income lost due to your inability to work during your healing period.
• Loss of Earning Capacity: Payment for when an TBI results in a permanent injury or disability that affects your ability to work in the future.
• Pain and Suffering: Restitution for the physical and emotional effects you've endured, including headaches, dizziness, fatigue, depression, and lingering trauma.
• Loss of Enjoyment of Life: Addresses the impact of your injury on your ability to participate in activities you once enjoyed and the overall diminished quality of life.

Depending on the specifics of your case, you may also be entitled to compensation for other losses, such as loss of consortium or wrongful death.

8 Factors Affecting Brain Injury Settlements

The value of a mild brain injury settlement can vary considerably depending on several key factors.

1. Severity of the Injury

Generally, more severe and persistent symptoms lead to higher settlements, as they often require more extensive medical treatment and longer recovery periods and have a greater impact on the victim's life.

For example, if an individual experiences chronic headaches, memory loss, and difficulty concentrating that affect their ability to work and maintain relationships, they may be entitled to a higher settlement compared to someone with milder or short-lived symptoms.

2. Medical Documentation

Comprehensive medical records are critical for demonstrating the extent of the victim's injuries and supporting their claim for damages.

Essential records include:

• Initial medical evaluations
• Diagnostic tests
• Treatment plans
• Records of follow-up appointments

The more detailed and thorough the medical documentation, the stronger the case for a large settlement.

3. Lost Income and Future Earning Capacity

The amount of income the victim loses due to their inability to work during their recovery period is another major factor in calculating the settlement. The financial impact includes not just the immediate lost wages but also any potential future income the injury jeopardizes.

If the victim's injury results in a permanent disability or limitations that impact their ability to work or advance in their career, they may be entitled to compensation for the loss of future earning capacity. This is particularly relevant for younger victims who may have had a promising career ahead of them.

4. Pain and Suffering

Non-economic damages like pain and suffering are an essential component of mild brain injury settlements. The at-fault party’s insurer or the court will consider the severity and duration of the victim's physical pain, emotional distress, and mental anguish when determining the value of these damages.

Factors that could influence the final payout include:

• Chronic pain
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)

All of these conditions can potentially increase the final settlement amount, as they’re likely to affect the victim in profound and ongoing ways.

5. Impact on Quality of Life

The extent to which the injury has affected the victim's daily life, relationships, and ability to participate in activities they once enjoyed is pivotal in determining the settlement value.

For example, if the injury has caused the victim to miss important family events, struggle with basic tasks, or lose the ability to engage in hobbies or pastimes they’re passionate about, the compensation from a settlement can offset these losses.

6. Liability

Establishing clear liability strengthens the victim's case and increases their potential settlement award. The more evidence there is to prove that another party's negligence caused the injury, the more likely the victim is to secure a sizable settlement. Such evidence may involve witness statements, accident reconstruction, and expert testimony meant to demonstrate liability.

7. Insurance Coverage

The at-fault party’s available insurance coverage is another important element of the settlement, as it sets a limit on the potential recovery.

In cases where the negligent party has high insurance limits or substantial assets, the settlement may be higher to ensure that the victim is compensated adequately for their losses. However, if the at-fault party has limited coverage, the settlement may be constrained by their policy limits.

8. Jurisdiction

To complicate matters further, laws governing settlement amounts can differ depending on the state or jurisdiction where the accident occurred.

Some states place caps on non-economic damages, while others may have more favorable laws for plaintiffs in personal injury cases. A qualified brain injury lawyer will be familiar with the rules and precedents in the relevant jurisdiction and can help you understand how these factors may come to bear on your settlement.

While it's challenging to provide exact figures regarding average settlement amounts in mTBI cases, they can range from tens of thousands to millions of dollars, depending on the specific circumstances.

4 Steps to Take After Sustaining a Brain Injury

If you believe you or a loved one has suffered an mTBI, it’s crucial to take the following steps to protect your health and legal rights.

1. Seek Medical Attention Immediately

The first and most important thing to do after sustaining an TBI is to seek medical attention. Even if you think your symptoms are minor, it's vital to get evaluated by a medical professional who can diagnose your condition and recommend an appropriate treatment plan.

In some cases, the symptoms of a mild brain injury may not appear immediately, so it's important to monitor your health closely in the days and weeks following the accident.

2. Follow Your Doctor's Recommended Treatment Plan

Once you've been evaluated by a medical professional, follow their recommended treatment plan closely. This may include rest, medication, physical therapy, or other interventions designed to help you recover from your injury.

Adhering to your treatment plan not only promotes recovery but also demonstrates the severity of your injury and your commitment to getting better, which can be important factors in your personal injury claim.

3. Document the Accident and Your Injuries

To build a strong case for compensation, it's necessary to gather and preserve evidence related to the accident and your injuries, such as:

• Photographs of the accident scene, property damage, and visible injuries.
• Contact information for any witnesses who may have seen the accident occur.
• A detailed written account of how the accident happened, prepared as soon as possible after the event.
• All medical records related to your mTBI, including diagnoses, treatment plans, and bills.
• Documentation of any missed work, lost wages, or other expenses incurred as a result of your injury.

Such documentation will be the cornerstone of your injury claim, so it’s essential to keep it organized and at hand.

4. Focus on Your Recovery

Recovering from a mild traumatic brain injury can be a gradual process, so you’ll need to give yourself adequate time and space to heal. Avoid rushing back to work or other activities before you're ready, and focus on rest and self-care as you navigate the challenges of your recovery.

In addition to following your doctor's treatment plan, consider seeking support from family members, friends, or mental health professionals who can help you cope with the emotional and psychological impacts of your injury. Remember, your health and well-being should be your top priority during this time.

How an Experienced Attorney Can Help with Your Case

Handling the legal complexities of a brain injury case can be overwhelming, especially while you’re dealing with the many challenges your injury has presented. A personal injury attorney with experience in brain injury cases can be your advocate and guide, defending your rights and ensuring that you receive the compensation you need.

Among other things, they can help you:

• Investigate the Accident: Examine the circumstances surrounding the accident to determine the cause and gather evidence to establish liability.
• Work with Medical Experts: Collaborate with medical professionals to document the extent of your injuries and their long-term impact on your life.
• Negotiate with Insurance Companies: Skillfully deal with insurers on your behalf to make sure you receive a fair settlement that reflects the full extent of your losses.

If necessary, your attorney can also file a lawsuit and represent you in court, fighting for your rights and pursuing maximum compensation.

Jacob D. Fuchsberg Law Firm: Your Dedicated Partner in the Fight for Justice

At Jacob D. Fuchsberg Law Firm, we understand well the challenges brain injury victims face. Our team of compassionate and accomplished personal injury attorneys is dedicated to fighting for your rights and securing the financial support you deserve.

We have a proven track record of successfully handling brain injury cases and achieving substantial settlements and verdicts for our clients.

Here are some examples of our successful TBI cases:

$6 Million for a Workplace Fall

A welder suffered a severe brain injury after a fall caused by unsafe working conditions. Our firm managed to secure a $6.1 million settlement to cover the client’s medical expenses, lost wages, and pain and suffering.

$5 Million for a Newborn TBI

A baby born prematurely suffered brain damage due to medical malpractice during delivery at a federally funded clinic. Our team fought for justice on the child’s behalf, securing a $5 million settlement from the federal government.

$7.5 Million for a Delayed C-Section

Another child suffered permanent brain damage resulting from a delay in performing a necessary C-section. We successfully pursued a medical malpractice lawsuit against the responsible medical professionals, winning a $7.5 million settlement for the child and their family.

These are just a few examples of how we’ve helped brain injury victims and their families rebuild their lives. We’re committed to providing personalized attention, aggressive representation, and trustworthy guidance through every step of the legal process.