Brain injuries can alter the course of your life in an instant. They can change your personality, render you unable to work, and burden your family with costly rehabilitation and treatment bills. Sometimes, the cost of medical care for a brain injury can continue for the rest of your life. If you or a loved one have suffered a traumatic brain injury, you may wonder: What is the average settlement for a brain injury lawsuit? In this article, the Brett McCandlis Brown & Connor team will brief you on what to expect in a brain injury lawsuit. We will also discuss the average settlement for a brain injury and how to protect yourself after an injury.
What Are the Causes of a Brain Injury?
Brain injuries, sometimes called traumatic brain injuries or TBIs, are more common than most people think. TBIs can be caused by ordinary events, including falls, sports injuries, and occasionally, interpersonal violence. Other times, a brain injury is the result of another person’s negligence. Some examples of events that are common causes of a brain injury include:
- Slip and fall accidents;
- Car accidents;
- Workplace accidents;
- Bicycle accidents;
- Premises accidents; and
- Defective products.
In some cases, a TBI can leave a person unable to speak, care for themselves, or interact with others. Even if a TBI victim recovers, the rehabilitation process can seriously diminish their quality of life. If you or a loved one has suffered a brain injury, contact a personal injury lawyer as soon as possible to discuss a plan of action.
Signs of a Brain Injury
Some signs of a brain injury may be obvious immediately after an accident. You may immediately recognize a loss in cognitive function, decreased vision, or have another clear indication that something is wrong. Other signs of a brain injury can include:
- Intense or persistent headache;
- Changes in mood or personality;
- Weakness, numbness, or tingling in one or both sides of the body;
- Changes in vision; and
- Nausea and vomiting.
Brain injuries can lead to permanent injury and, sometimes, death if left untreated. If your loved one dies from a brain injury, speak to an experienced Washington wrongful death attorney. The Brett McCandlis Brown & Connor team can help you navigate the complexities of a brain injury lawsuit or a wrongful death action.
Other Types of Significant Head Injuries
One thing to note when filing a brain injury lawsuit is that not all head injuries are traumatic brain injuries. Examples of significant head injuries include:
- Fractured skull,
- Skull lacerations,
- Head contusions, and
- Facial bruising.
One of the most common severe head injuries in an accident is a concussion. For example, after a car accident, a doctor will often refer to a concussion as a minor TBI. Concussions have varying levels of severity. Some people recover quickly, while others struggle with concussion symptoms for months. Talk to an experienced personal injury lawyer about how your concussion may affect your brain injury lawsuit.
What Factors Affect a Settlement in a Brain Injury Lawsuit?
The average settlement for brain injury cases depends on the facts surrounding the incident that caused the injury. Some factors include who was at fault, how long treatment is needed, and the extent of your economic and non-economic losses.
Fault
To succeed in a brain injury lawsuit, you will have to show that another person behaved in a negligent or reckless manner that led to your injuries. Proving fault is necessary to pursue a claim from another person or their insurance company.
The extent of Medical Treatment
The extent and cost of your medical treatment will also factor into your settlement amount. You might receive a lower settlement offer if you were able to recover fully after only a few physical therapy visits. However, if your TBI requires ongoing, around-the-clock care, a court or mediator will take this into account.
Injury Severity
The extent of the injury is also a factor when considering the payout for a brain injury. Victims who suffer serious injuries and face lifelong functional disabilities may see awards or settlements into the high seven figures. However, even those with less severe head injuries should still pursue claims. New research has shown that even minor head injuries can cause major problems years down the line. Speak to a personal injury lawyer regardless of the severity of your injury.
Lost Wages
After a major accident, some brain injury victims are never able to work again. In a brain injury lawsuit, you can seek compensation for your lost wages. Depending on the circumstances, you may also be able to seek payment for lost future wages as well.
Pain and Suffering
When you work with Brett McCandlis Brown & Connor to file a brain injury lawsuit, our attorneys will help you seek a settlement that compensates you for the pain you have suffered as well as any reduction in your enjoyment or quality of life. We know that money cannot bring back your life before the accident, but we will fight to get you the financial compensation you need to compensate for losses and move forward in your life.
Average Payout for a Brain Injury Lawsuit
What is the average settlement amount for a brain injury lawsuit in Washington state? In summary, there is no meaningful “average,” and calculating your case’s value is more art than science. The settlement amount depends on many factors, each of which will be unique to your situation. Our experienced personal injury attorneys at Brett McCandlis Brown & Connor will help evaluate what your case is worth.
How Brett McCandlis Brown & Connor Can Help
At Brett McCandlis Brown & Conner, fighting for people like you is why we exist. If you have suffered a head or brain injury that you believe was someone else’s fault, contact our Washington traumatic brain injury attorneys today. Personal injury is not a “division” of our firm—it is what we do, and it is all we do. Contact us today by calling or by filling out our online form so that we can contact you to schedule a free consultation. We have several locations in Washington State.
