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How Much Compensation is Common with Head Injury Claims?

February 25, 2020 Traumatic Brain Injuries

What is the average payout for a head injury? These types of injuries can cause devastating mental, emotional, and physical effects that affect the victim and their families for life. It is no wonder that payouts in a lawsuit can be very high. The average payout for a head injury will vary depending on factors such as the severity of the injury, the level of care the person will need, and the amount of time care will be necessary. To better understand the potential value of your case, you should speak directly with a licensed attorney who has experience with head injury cases.

The Brain Injury Association of America reports that over 1.5 million people face traumatic brain injuries (TBI) every year, and at least 50,000 individuals will die from their injury, which is a leading cause of death for persons under age 45. Approximately 80,000 will face life-long injuries and rehabilitative care.

If you or a loved one has suffered a head injury that was caused by someone else’s negligence, you may be entitled to receive compensation to help pay for your damages through a personal injury lawsuit. Texas personal injury law is complex and there are time limits involved, so it makes sense to get the best legal assistance available. The experienced and compassionate head injury attorneys at the accident and injury law office of Terry Bryant offer a free consultation. In it, we will review the circumstances of your individual case and guide you through your options to receiving the compensation you deserve.

What Is the Average Payout for a Head Injury?

There is a wide range of settlement amounts that people have received for head injuries. For example, Nolo.com cites recent payments for a head injury that range from a $26 million verdict awarded to a Florida man who suffered permanent brain damage in a car accident with a commercial truck, to a $100,000 settlement to a California woman who had a soft-tissue head injury leaving her with a permanent scar after a car accident. (Please note that past recoveries are not a guarantee of future outcomes. Each case is unique. The information herein is for informational purposes only.)

Since there are so many injury types and contributing conditions, it is difficult to calculate the average payout for a head injury. Settlements for a head injury are determined by factors that include:

1. Who Is Responsible?

To get any settlement for damages, the first step is for your attorney to prove that another person or entity was responsible for the injury through negligence. This means showing the following:

  • The person owed you a duty of care
  • That person failed or ignored that duty
  • This failure caused the accident or injury
  • You suffered damages as a result.

2. How Serious Is the Head Injury and Its Effects?

There are a wide range of effects caused by head injuries. More minor injuries may be external such as bumps, bruises, and open wounds. If the brain is injured, you may experience symptoms which may include:

  • Headaches
  • Confusion
  • Dizziness
  • Blurred vision
  • Slurred speech
  • Nausea or vomiting
  • Weakness or numbness in the extremities
  • Loss of coordination
  • Agitation
  • Emotional or behavioral problems
  • Seizures

More severe brain damage from head injuries may result in catastrophic symptoms. Those symptoms include paralysis, coma, memory loss, cognitive impairments. They also include emotional and behavioral changes that might significantly impair personal relationships and quality of life, or even cause death.

3. What Are Your Costs and Expenses?

Part of the payout for a head injury includes the expenses you incur as a result. Costs that will be considered include:

  • Medical and ambulance bills
  • Expenses for ongoing treatment, care, and rehabilitation
  • Costs of medications and medical equipment
  • Lost wages and future earnings
  • Funeral costs, if there has been a wrongful death
  • Property damage

4. What Are Causes of the Head injury?

The causes of the damage are important to determining the payout for a head injury because it involves deciding whether another party was at fault. Cases where liability is clearly established often have a higher settlement value than cases where liability is in dispute. Common causes that may involve fault include motor vehicle accidents, slip and fall injuries, sports injuries, toxic exposures, and medical negligence or errors made by doctors or other healthcare personnel. However, head injuries may also occur from medical issues such as heart attack, aneurysm or stroke, where no one is at fault.

5. Where the Case Is Tried

Jurors in different area of Texas behave very differently, and for a wide range of reasons. Additionally, your experience in one court may vary with that in a different court. For example, your experience with a lawsuit filed in Harris County may be very different that a very similar suit filed in Montgomery County. This can affect the value of a settlement – even if you settle before trial.

6. Characteristics of the Victim.
Characteristics such as age, occupation and earning power, likeability, and prior health and medical history may also affect the settlement value. Juries tend to be more sympathetic if an injured person is young and likely to need a lifetime of care.

Average Settlement Amounts for a Head Injury

In Texas, settlement damages are divided into two categories: special and general.
Special damages are economic losses dealing with monetary loss or expense, as noted previously.
General damages are non-economic losses not related to money. Some examples of general damages include:

  • Physical and emotional pain and suffering
  • Emotional trauma
  • Loss of consortium
  • Loss of quality of and ability to enjoy life
  • Loss of companionship in the case of a wrongful death
  • Humiliation and embarrassment

Texas offers compensation for both economic and non-economic damages, and there are no caps on non-economic damages except for medical malpractice. In most cases, Texas has a statute of limitations, or time limit, of two years after the incident or accident that caused the injury to file a personal injury lawsuit. To make sure your case is filed in a timely manner, and other critical deadlines that may apply to your case are met, speak directly with a licensed Texas attorney as soon as possible.

Why You Should Get Help Winning a Settlement for a Head Injury

At the accident and injury law office of Terry Bryant, our head injury lawyers are devoted to helping injury victims get the payment they need to move forward with their lives. We understand how serious these injuries and their far-reaching consequences can be for victims and their families

We know the courts and the system, and can take the burden off you by investigating your situation, gathering evidence, interviewing witnesses, filing paperwork in court, negotiating with insurance companies, and taking your case to trial if necessary.

Contact us today at 713-973-8888 to schedule a free, no-obligation consultation.

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