Average Settlement for a Traumatic Brain Injury
Traumatic brain injuries (TBIs) can dramatically change a person’s life. After an accident, a victim might experience headaches, brain fog, and impaired memory.
Serious TBIs leave victims with significant sensory and physical impairments that can require months of intense rehabilitation. Fortunately, Colorado law allows you in many cases to sue the person who injured you.
To calculate the average settlement for traumatic brain injury, we would need to know all the settlements for brain injuries around the country. Unfortunately, no one keeps that information. Some sources use self-reported information to come up with an average, but you should take this information with a grain of salt.
In truth, the amount you can receive for a TBI will depend on the unique circumstances of your case. Contact a Denver brain injury lawyer for help analyzing your situation.
Brain Injury Compensation: How to Calculate
Brain injury settlements strive to reimburse a victim for their economic expenses, which they incurred as a result of the accident that injured them. To that end, many of our clients have received compensation for:
- Medical care, including rehabilitation, diagnostic tests, hospital stays, mental health counseling, rehabilitation, prescription drugs, and assistive devices
- Lost wages and future lost earning capacity
- Property damage
Calculating these amounts is pretty easy. All you need to do is find your medical bills and drug receipts. Add up the cost of medical care. You should also find a recent paystub to calculate the loss of income. Brain injury victims can also receive compensation for pain and suffering.
This category of damages includes the non-economic losses you have suffered, such as physical pain, distress, and loss of enjoyment of life. Even relatively mild concussions can leave a victim housebound and unable to enjoy their hobbies or spend quality time with their family. As a result, the amount of pain and suffering compensation you receive could be quite large.
If a loved one has become permanently disabled because of a serious TBI, then a spouse might also receive compensation for “loss of consortium” which strives to make up for the loss of intimacy and companionship. Talk with a Denver brain injuries lawyer to check how much a spouse might receive.
Increasing the Size of a Settlement
The key to increasing compensation is to build a strong case for pain and suffering because that is the category of damages with the most flexibility. Your hard economic losses like medical expenses and lost wages are pretty much set in stone. But pain and suffering are subjective, and strong evidence can convince a jury or insurance adjuster that you warrant more compensation.
To document your pain, inconvenience, and distress, try to keep a journal in which you document how you feel each day. If your brain injury impairs your sleep schedule, write that down. If you feel depressed or have mood swings, also document that.
Schedule a Free Consultation Today
Denver Trial Lawyers ® has stepped up to represent many victims struggling with brain injuries. We understand this area of law quite well, and we will use our knowledge to your benefit. Contact us today to schedule a complimentary consultation.