- June 9, 2021
- Jed Strong
- Personal Injury
After an accident that is not your fault, you may be wondering, what is the average payout for a head injury? The ultimate payout you could win in a personal injury case depends on a number of items, including the severity of the injury. These payouts could range from a few thousand dollars to a six- or seven-figure payout.
Head injuries that result in a greater reduction in quality of life or in an inability to work are eligible for above-average payout amounts. For an accident victim who recovers from the head injury after a couple of weeks, the payout will be below average.
What Affects an Average Settlement in TBI Case Situation?
The average settlement in TBI case negotiations really depends on the facts in the case. Some of those facts include:
- Determining Fault: We need to show that another person behaved in a negligent or reckless manner, leading to your injuries. Once we can prove fault, we can pursue a claim from that person’s insurance company. Negligence doesn’t have to involve intent. The person at fault probably didn’t intend to injure you, but that fact doesn’t matter in a personal injury case.
- Medical Treatment: Your settlement amount should reflect any medical bills you’ve accumulated during your care. You should not have to pay your medical bills when you did nothing wrong.
- Lost Wages: If you cannot work because of your head injury, you can seek compensation for those lost wages. You also can seek payment for any wages you will be unable to earn in the future because of the lingering effects of your injury.
- Pain and Suffering: Our brain injury attorneys will request a settlement amount that reflects any ongoing pain you may have, as well as any long-term reduction in your quality of life.
What Is the Average Settlement in a Brain Injury Case?
When wondering what is the average settlement in a brain injury case, it can be a higher amount than a head injury case alone. If the head injury doesn’t include any kind of brain injury, the average settlement amount likely will be lower than a head injury that also includes a brain injury.
Understanding Traumatic Brain Injuries
A brain injury often involves a traumatic brain injury (or TBI), according to Mayo Clinic. A significant TBI can leave the victim unable to speak or interact with family members. The victim may experience a significant reduction in quality of life while undergoing care and rehabilitation efforts to overcome the injury.
A TBI can leave a victim with debilitating injuries for weeks, months, or years. Some people never recover fully from a TBI, suffering from memory loss and an inability to concentrate forever. Someone diagnosed with a TBI after an accident that another person caused could receive a large, above-average settlement amount.
Some other signs of a major TBI can include:
- Ongoing headache
- Agitation and combativeness
- Loss of consciousness
- Body weakness or numbness in extremities
- Repeated vomiting.
Complications from a TBI could lead to a fatality for the victim. If this occurs, the victim’s family could file a wrongful death lawsuit against the party that caused the injury.
Understanding Other Types of Head Injuries
Other types of head injuries that aren’t as serious or long lasting as a TBI may occur after an accident. When a doctor diagnoses you with this type of injury, you could receive a small- or medium-sized settlement offer. A fractured skull, a deep cut on the scalp, or severe facial bruising all would fit under the category of head injuries.
A common head injury in an accident is a concussion. Some doctors may refer to a concussion as a minor TBI, as the concussion’s symptoms are similar to a TBI, but they are less severe. Some signs of a concussion include:
- Occasional headache
- Nausea or occasional vomiting
- Dizziness and loss of balance
- Sensitivity to light and sound.
Concussions can have varying levels of severity. Some people recover from a concussion within a few days, while others can feel symptoms for weeks or months. After a concussion, the victim is more susceptible to suffering another concussion in the future.
How to Start a Personal Injury Case After a Head Injury
The Washington State Legislature sets the time limit for starting the process of filing a personal injury claim at three years from the date of the accident.
However, the State of Washington does not limit the amount you can request after your head injury. Because there’s no maximum amount, our attorneys can adjust the amount we request from the insurance company based on the severity of your injuries.
Our head injury attorneys have the ability to draw upon what we’ve learned in past cases to ensure that we ask for the fairest possible amount for your injuries. Rather than focusing on what is the average payout for a head injury, our team focuses on your individual case and what you deserve to truly compensate you for your injuries.
How Our Lawyers Determine What Amount to Request
Our head injury attorneys start the process of determining what amount to request by studying your case. We focus on what makes your case unique. It’s these specific items in your case that help us figure out what amount would represent a fair settlement for you.
Just because we settled another case involving a head injury for a certain amount doesn’t mean your case will settle for the same amount. Each case is different. Although we may study results from similar past cases, we don’t limit ourselves by what happened in those cases. We focus on your case and on your needs for your life going forward.
Hire Our Brain Injury Lawyers to Protect Your Rights
We understand the complexities that are part of a TBI lawsuit. Strong Law knows how to study the facts in the case to prove exactly what happened in your accident. We will interview your doctors to determine what kind of future you’re facing.
You deserve to receive respectful and professional treatment from all parties involved. Count on our brain injury lawyers to fight tirelessly to help you receive the award you deserve. We’ve won seven-figure settlements for some of our past clients, as well as some lesser settlements for less serious injuries.
Strong Law operates offices in Tacoma, Portland, and Salt Lake City. For a free review of your head injury case or of any other personal injury case, contact us as soon as possible at 206-741-1051.