Traumatic Brain Injury

Brain injuries ranging from concussions to severe traumatic brain damage

Settlement Value Overview

Average Settlement
$150,000 - $250,000
Multiplier Range
3x - 5x+ economic damages
Minor Cases
$20,000 - $100,000
Severe Cases
$500,000 - $10,000,000+

Overview

Traumatic Brain Injury (TBI) occurs when external force causes brain dysfunction. TBIs range from mild concussions to severe injuries causing permanent cognitive impairment, personality changes, or death. These are among the highest-value personal injury cases because the brain controls everything we do.

TBI cases are complex because: - Symptoms may not appear immediately - Effects can be invisible to others - Cognitive and personality changes affect every aspect of life - Long-term prognosis is often uncertain - Future care costs can be enormous

Even "mild" TBIs (concussions) can cause lasting problems. Multiple concussions compound the damage. Insurance companies often undervalue TBI claims, making expert medical testimony crucial.

Common Symptoms

Loss of consciousness (any duration)
Headaches that persist or worsen
Nausea or vomiting
Confusion and disorientation
Memory problems
Difficulty concentrating
Mood changes (irritability, depression)
Sleep disturbances
Sensitivity to light and sound
Balance problems
Slurred speech
Seizures
Clear fluid from nose or ears (severe)

Common Causes

Car and motorcycle accidentsFalls (especially elderly and children)Sports injuries (football, boxing, soccer)Assault and violenceWorkplace accidentsPedestrian and bicycle accidentsExplosions (blast injuries)

Diagnosis and Treatment

TBI diagnosis may include:

Glasgow Coma Scale (GCS): Initial assessment of consciousness
CT scan: Detects bleeding, swelling, fractures
MRI: More detailed brain imaging
Neuropsychological testing: Evaluates cognitive function
PET/SPECT scans: Shows brain activity (used in some cases)

Treatment by Severity:

Mild TBI (Concussion):

Rest (physical and cognitive)
Gradual return to activities
Symptom monitoring
Medication for headaches

Moderate to Severe TBI:

Emergency surgery to reduce pressure
ICU monitoring
Medications to prevent secondary damage
Long-term rehabilitation (speech, occupational, physical therapy)
Cognitive rehabilitation
Psychological counseling

Recovery Timeline

Recovery Timeline:

Mild TBI (concussion): 2 weeks to 3 months (some have lasting symptoms)
Moderate TBI: 6 months to 2 years
Severe TBI: Years to lifetime; many never fully recover

Post-Concussion Syndrome: 10-20% of mild TBI patients have symptoms lasting over a year.

Important: Brain injuries are unpredictable. Some patients recover better than expected; others worsen over time.

Factors Affecting Settlement Value

Severity of TBI (mild, moderate, severe)
Length of loss of consciousness
Cognitive impairment documented by testing
Personality and behavioral changes
Impact on ability to work
Need for ongoing care or supervision
Age (younger victims have more lifetime losses)
Pre-injury education and earning capacity
Quality of medical documentation
Expert witness testimony

Documentation Tips to Maximize Your Claim

Seek immediate medical attention after any head trauma
Report ALL symptoms, even if they seem minor
Get neuropsychological testing to document cognitive deficits
Keep a daily symptom journal
Have family document personality/behavior changes
Get statements from employers about work performance changes
Document all ways TBI affects daily life
Follow all treatment recommendations

Maximum Medical Improvement (MMI)

TBI MMI is particularly challenging:

Brain healing continues for 1-2 years after injury
Some deficits may be permanent
Cognitive testing should occur after healing plateau
Future treatment needs must be thoroughly documented
Life care planning may be needed for severe cases

Don't settle TBI cases quickly—the full extent of damage may take months to years to manifest.

Potential Long-Term Effects

Persistent headaches
Memory and concentration problems
Personality changes
Depression and anxiety
Increased risk of dementia
Chronic fatigue
Sleep disorders
Seizure disorder
Sensory problems (vision, hearing)
Relationship difficulties

Frequently Asked Questions

Can I get compensation for a concussion?

Yes. While called "mild" TBI, concussions are real brain injuries that can cause lasting problems. If someone else's negligence caused your concussion, you may recover for medical bills, lost wages, pain and suffering, and any ongoing symptoms.

How do you prove a brain injury in court?

Brain injuries are proven through medical records, imaging studies, neuropsychological testing, and expert testimony. Testimony from family and friends about personality changes is also valuable. Objective testing is crucial since some TBI symptoms are invisible.

What if my TBI symptoms appeared weeks after the accident?

Delayed symptoms are common with TBI. Document when symptoms began and connect them to the accident through medical records. A neurologist can explain the delayed onset to insurance adjusters or a jury.

Related Injury Guides

Whiplash

Neck injury caused by rapid back-and-forth movement of the head

Read Guide

Back Injury

Injuries to the spine including herniated discs, fractures, and spinal cord damage

Read Guide

Fractures

Bone fractures ranging from simple breaks to complex compound fractures

Read Guide

Disclaimer: This guide is for educational purposes only and does not constitute medical or legal advice. Settlement values are estimates based on typical cases and vary significantly. Always consult with healthcare providers for medical decisions and a licensed attorney for legal advice specific to your situation.

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TBI Settlement Guide | Traumatic Brain Injury Compensation | SettlementCalcUSA