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Posted & Reviewed by Joshua Lee - Jul 02nd 2024
It’s a natural question that doesn’t have a simple answer. No reputable brain injury lawyer will ever promise to deliver a certain amount of compensation. If an attorney tells you they can exceed the average settlement for a traumatic brain injury case without knowing the facts of your case, go with another lawyer.
The attorneys with Armstrong Lee & Baker LLP won’t make monetary promises. What we will do, however, is guarantee that we’ll put all our knowledge and skills to work to help you get every dollar you deserve under the law. The following is a look at some factors determining the average settlement for a traumatic brain injury case.
One of the primary factors influencing the average settlement for a traumatic brain injury case is the injury’s severity. Doctors classify TBIs as mild, moderate, or severe, with the severity often determined by the Glasgow Coma Scale (a measure of a person’s decrease in consciousness), unconsciousness duration, and neurological deficits.
TBIs can result in permanent disability, cognitive impairment, or long-term medical needs. Victims who have worst-case-scenario TBIs tend to receive higher settlements due to the extensive care and support required. On the other hand, mild TBIs, such as concussions that resolve relatively quickly, may result in lower settlements. However, they can still be significant if they affect the victim’s ability to work or their quality of life.
Medical expenses are another critical factor in determining settlement amounts. These costs include emergency care, hospital stays, surgeries, medication, rehabilitation, and long-term care. A brain injury lawyer will also consider future medical costs, especially for debilitating TBIs that require lifelong care. An accurate estimation of these expenses, often supported by expert testimony, is essential in calculating a fair settlement.
Lost wages and loss of earning capacity are major components of a TBI settlement. Victims who can’t return to work or whose earning capacity is diminished due to the injury are entitled to compensation for these financial losses. This calculation includes past lost wages from the time of the injury to the settlement date and projected future losses based on the victim’s age, occupation, and career trajectory before the injury.
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, significantly affect the average settlement for a traumatic brain injury case. These damages compensate the victim for the intangible but profound impacts of a TBI.
We’ll fight for the compensation you deserve.
Liability and the strength of the evidence are also crucial in determining settlement amounts. Clear evidence of the defendant’s negligence or liability, such as in cases of motor vehicle accidents, workplace injuries, or slip and fall incidents, can lead to higher settlements.
Finally, your attorney’s skill and experience play a significant role. Experienced traumatic brain injury lawyers can accurately assess the value of a claim, gather compelling evidence, negotiate effectively with insurance companies, and, if necessary, present a strong case in court.
When you choose a brain injury lawyer with Armstrong Lee & Baker LLP, you’ll work with an attorney who has extensive experience and a long track record of winning cases similar to yours. Put us to the test by contacting us online or calling 832-402-6637 for a free case evaluation.
Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world. Our lawyers have 25+ years of combined experience.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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