The answer to the question, What is my traumatic brain injury case worth, depends on the severity and length of your recovery. You may not realize the full extent of your injuries until months later. In these cases, you may be forced to settle before the full impact of your injuries has had time to set in.
So, what is my traumatic brain injury case worth? Read on to find out!
Average verdict for a traumatic brain injury in California
The average verdict in a traumatic brain injury case in California varies depending on the fault of the other party. While many cases are not completely winnable, there are a few ways to increase your chances of winning. One method is to ask for punitive damages, which are not compensatory in nature. They are awarded to punish a party for egregious behavior. While victims might not ask for punitive damages during the insurance claim process, they may use them during settlement negotiations with insurance companies. Moreover, it is imperative to mitigate your damages whenever possible. Failure to do so can lead to a lower award.
A multi-million-dollar court award is relatively uncommon, but it is more likely to occur in cases involving severe injuries. The median verdict for a traumatic brain injury case in California is $1,595,000, which does not indicate a maximum or a minimum amount. Nonetheless, the award reflects the seriousness of brain injuries in California.
Average settlement for a traumatic brain injury in California
The average settlement for a traumatic brain injury case can range greatly. The amount you will receive will depend on the severity of your injury and how much it has affected your life. However, be careful: some lawyers may try to scare you into accepting a low settlement. These lawyers want to collect their fees as quickly as possible and move on to the next case. This can leave you worse off than you were before you were injured.
Some traumatic brain injuries never fully heal and the victim never regains their pre-accident self. If your doctors do not believe that your condition will improve, it could have a negative impact on your settlement. Therefore, it is important to wait to negotiate your compensation until you have a clear prognosis.
Damages based on severity of injury
Traumatic brain injuries can cause varying degrees of impairment. The severity of TBI can be determined using the Glasgow Coma Scale (GCS), which is tested within 48 hours of the injury. Scores of nine or higher indicate severe TBI. Scores of nine to 12 indicate moderate injury, and scores of thirteen to fifteen indicate mild injury. However, recent research has led to a re-evaluation of these scores.
Although the initial severity of a TBI may not correlate with the severity of long-term sequelae, the resulting compensation amount may. The sample size may have been too small to detect any trend. Furthermore, a high level of compensation may be difficult to obtain for victims who are still studying.
Damages based on length of recovery
A traumatic brain injury is often caused by an impact to the head. It causes temporary damage to brain cells, and severe cases result in bleeding and bruising. These injuries can lead to long-term complications, including disability, dementia, and even death. Depending on the severity, symptoms can range from vertigo to headaches and bleeding. Swelling of the brain may also occur.
The length of recovery is an important consideration when determining damages. A person who is only out of work for a few weeks cannot expect to receive the same settlement as someone who needs months of rehabilitation. As a result, brain injury settlements vary greatly depending on the severity of the injuries. Even a mild brain injury will have a significant impact on the settlement amount.