It’s a long road to resuming the normal life you had after suffering a brain injury.
Even those suffering from more mild brain injuries might suffer the lasting effects for years.
These injuries can affect not only your ability to work but also your ability to interact with your family and friends.
California law permits those who suffer from brain injuries to recover compensation from the responsible party.
A successful traumatic brain injury claim provides much-needed compensation for you and your loved ones.
So if you have suffered a head injury, you may wonder what the average settlement is for a traumatic brain injury.
Today, we’ll discuss the factors you can consider in trying to determine what your case is worth.
If you have any further questions or would like more information, please contact us today!
Types of Brain Injuries
A traumatic brain injury is one of the most debilitating injuries you can sustain.
Traumatic brain injuries could cause permanent disability, loss of function, or personality changes.
Other types of brain injuries may cause mild concussions that vary in severity.
The most common types of brain injuries include the following:
- Concussions where the brain knocks back and forth inside your skull due to sudden force;
- Brain bruises;
- Diffuse axonal injuries or lesions on the white matter of the brain;
- Second-impact injuries, or when a second concussion occurs shortly after the first;
- Shaken baby syndrome; and
- Penetrating brain injuries.
California law permits injured parties to seek brain injury settlement amounts from the liable party.
However, these cases are complex and require the assistance of a qualified personal injury lawyer.
What Factors Affect Brain Injury Settlement Amounts in California?
The truth is that there is no such thing as an average settlement for a traumatic brain injury in California.
That is because many factors that vary greatly impact the value of a brain injury compensation claim.
So let’s look at some factors that significantly impact how much a traumatic brain injury claim is worth.
Maximum Medical Improvement
Some injuries can have complications or effects that last for years, decades, and even the rest of your life. This means that treatment could go on indefinitely.
However, other injuries that never fully heal will reach a point where you have healed as much as you ever will. And that point is called maximum medical improvement.
When you reach this phase, you likely won’t encounter any additional medical treatments or charges.
Determination of Liability
After an accident, someone has to determine who is at fault. This may be straightforward or complicated, but it is an essential part of your case.
If you were not at fault at all, you should be able to recover 100% of your losses.
If you contributed to your injuries, California uses a pure comparative negligence system that may reduce your recovery.
In this system, you still recover compensation even if you were partially at fault; however, your recovery is reduced by your percentage of liability.
Punitive damages seek to punish the defendant for their behavior if they acted wrongfully with “malice, oppression, or fraud.”
These damages are recoverable in addition to compensatory damages, but they are very rarely awarded.
Even if you obtain a judgment for a large sum of money against a defendant, they may be unable to pay if the defendant has no insurance or assets.
Your attorney understands this and works to analyze different avenues of recovery for your traumatic brain injury claim, including:
- Liability insurance,
- Car insurance,
- Homeowner’s insurance,
- Workers’ compensation insurance,
- Personal umbrella insurance,
- Personal injury protection (PIP) insurance, and
- Med Pay coverage.
Even if the defendant cannot pay a judgment out-of-pocket, if they have multiple insurance policies, this may be the best way to obtain compensation.
For over 30 years, Chuck Geerhart has represented the interests of injured victims throughout the San Francisco Bay Area.
Chuck has obtained various multi-million dollar settlements on behalf of his clients.
With Chuck on your side, you have a persistent, compassionate, and knowledgeable advocate who won’t rest until he obtains a settlement or judgment that reflects the full value of your harm.
Contact us today for a free consultation.