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What Is the Average Settlement for a Traumatic Brain Injury in Illinois?

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Graphics of a brain in sideview. Average Settlement for a Traumatic Brain Injury

The average settlement for a traumatic brain injury depends on the damages incurred. If you suffered a traumatic brain injury, whether in a car accident, workplace incident, or another accident, you can file for compensation for medical expenses, pain and suffering, loss of quality of life, loss of wages, and other associated losses. 

Graphics of a brain in sideview. Average Settlement for a Traumatic Brain Injury

If you’re seeking a settlement for a traumatic brain injury in Illinois, contact Lloyd Miller Law at (773) 838-8100. It’s important to enlist the help of an attorney to help you determine your TBI’s true settlement value. 

The Average Settlement for a TBI

Traumatic brain injury settlements can vary widely. Some claims might be settled for as low as a few thousand dollars, while others can exceed $1 million.

Your settlement can skew in one direction or another depending on the circumstances of your accident. It’s essential to consider the details of your case and how they can influence your settlement’s value. 

Factors That Influence Settlement Amounts

Determining the average settlement for a Traumatic Brain Injury (TBI) is a complex task, as it depends on various factors such as the severity of the injury, its impact on the victim’s life, medical expenses, lost wages, and emotional suffering endured. While it’s challenging to provide an exact figure due to the uniqueness of each case, understanding the components that influence settlements can shed light on their value.

Severity of the Injury

The severity of the TBI plays a pivotal role in settlement negotiations. TBIs range from mild concussions to severe brain damage, with corresponding impacts on the victim’s life. Mild TBIs may result in temporary symptoms like headaches and dizziness, while severe TBIs can lead to long-term cognitive impairment, physical disabilities, and emotional distress. Settlements tend to be higher for cases involving severe TBIs due to the extensive medical care, ongoing therapy, and diminished quality of life the victim may face.

Medical Treatment Expenses

Medical expenses incurred due to the TBI significantly influence settlement amounts. These expenses encompass hospital bills, surgeries, rehabilitation, medications, and long-term care. Additionally, future medical costs, such as anticipated surgeries or therapy sessions, are factored into the settlement to ensure the victim receives adequate compensation for their ongoing treatment needs.

Lost Income

Lost wages and diminished earning capacity are crucial considerations in TBI settlements, especially if the injury prevents the victim from returning to their previous occupation or limits their ability to work altogether. Economic damages account for both past and future lost earnings, including career advancements or opportunities the victim may have pursued if not for the injury.

Other Losses Associated With the Injury

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, also contribute to TBI settlements. These damages aim to compensate the victim for the intangible hardships they endure as a result of the injury. Evaluating non-economic damages often involves assessing the impact of the TBI on the victim’s relationships, mental well-being, and overall quality of life.

Shared Liability

Liability is another crucial factor in determining TBI settlements. If the injury resulted from another party’s negligence, such as a car accident caused by a drunk driver or a workplace incident due to unsafe conditions, the liable party’s insurance coverage or assets may contribute to the settlement. In cases where multiple parties share responsibility for the TBI, negotiations involve apportioning liability and distributing compensation accordingly.

Ultimately, the average settlement for a TBI varies depending on the circumstances of each case. While some settlements may amount to a few thousand dollars for mild TBIs with minimal long-term effects, others can reach millions of dollars for severe TBIs resulting in permanent disabilities and profound hardships. Regardless of the settlement amount, the goal is to ensure that TBI victims receive fair compensation that reflects the full extent of their injuries and enables them to rebuild their lives with dignity and financial security.

What Are the Benefits of Consulting a Personal Injury Attorney?

Knowing when to hire a personal injury lawyer can help improve your chances of a successful case. Consulting a personal injury attorney following a Traumatic Brain Injury (TBI) can be beneficial for several reasons, including:

Legal Knowledge

Personal injury attorneys are familiar with navigating TBI cases and have a deep understanding of relevant laws, regulations, and legal precedents. Their experience allows them to assess the circumstances of the injury, identify liable parties, and develop a strategic legal approach to pursue compensation on behalf of the victim.

Case Evaluation

A personal injury attorney will conduct a thorough evaluation of the TBI case, including gathering evidence, reviewing medical records, and assessing the extent of the damages suffered by the victim. This evaluation helps determine the strength of the case and provides insights into the outcomes of pursuing legal action.

Negotiation Skills

Personal injury attorneys are skilled negotiators who can effectively communicate with insurance companies, opposing counsel, and other parties involved in the case. They will advocate for the victim’s rights and negotiate for a fair settlement that adequately compensates for medical expenses, lost wages, pain and suffering, and other damages incurred due to the TBI.

Legal Representation

A personal injury attorney serves as a dedicated advocate for the TBI victim, handling all aspects of the legal process if a personal injury case goes to trial. From filing paperwork and submitting claims, to representing the victim in court proceedings, the attorney ensures that the client’s rights are protected.

Access to Resources

Personal injury attorneys have access to a network of resources, including medical experts, accident reconstruction specialists, and investigators, who can provide valuable support in building a strong case. These resources help corroborate the victim’s claims, strengthen legal arguments, and bolster his or her chances of success in obtaining a favorable outcome.

Peace of Mind

Dealing with the aftermath of a TBI can be overwhelming, both emotionally and financially. By enlisting the services of a personal injury attorney, TBI victims can focus on their recovery while trusting that their legal rights are being safeguarded by a knowledgeable advocate.

Common Challenges in Negotiating a TBI Settlement

Negotiating a settlement for a Traumatic Brain Injury (TBI) can present several unique challenges due to the complexity of the injury, the diverse range of symptoms and impacts it can have, and the various factors that influence settlement outcomes. Common challenges encountered in negotiating TBI settlements include:

Subjectivity of Symptoms

TBIs can manifest a wide array of symptoms, ranging from physical impairments like headaches and dizziness to cognitive difficulties, such as memory loss and confusion. These symptoms are often subjective and may not be immediately visible or quantifiable, making it challenging to assess their severity and impact on the victim’s life.

Long-term Effects

TBIs can have long-term or even permanent effects on the victim’s physical and cognitive abilities, as well as his or her emotional well-being. Predicting the future course of the injury and its implications for the victim’s quality of life requires careful consideration of medical prognosis and expert opinions, adding complexity to settlement negotiations.

Medical Documentation

Obtaining comprehensive medical documentation is essential in TBI cases to substantiate the extent of the injury and the resulting damages. However, medical records related to TBIs may be fragmented or incomplete, especially if the victim sought treatment from multiple healthcare providers or experienced delayed onset of symptoms. Securing relevant medical evidence and coordinating with healthcare professionals can be challenging, but it’s crucial for building a strong case.

Causation Issues

Establishing causation is a fundamental aspect of TBI settlements, particularly in cases where liability is disputed, or multiple parties share responsibility for the injury. Proving that the TBI resulted directly from the negligence or wrongful actions of another party requires thorough investigation, expert testimony, and persuasive legal arguments, all of which can be challenging to achieve in complex litigation scenarios.

Valuation of Damages

Determining the appropriate value of damages in TBI settlements involves assessing a wide range of factors, including medical expenses, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life. Assigning monetary value to intangible losses, like emotional distress and cognitive impairment, requires careful consideration and may be subject to interpretation and negotiation between the parties involved.

Insurance Coverage Limits

In cases where insurance coverage is involved, the limits of the liable party’s policy may pose constraints on the amount of compensation available to the TBI victim. Negotiating settlements within these limits while ensuring that the victim’s needs are adequately addressed can be challenging and may require creative solutions or exploration of alternative sources of compensation.Negotiating a settlement for a Traumatic Brain Injury presents numerous challenges that require careful consideration and strategic approach. If you or a relative suffered from a traumatic brain injury, it’s important to get in touch with an attorney as soon as possible, before you speak to the insurance companies. Contact us today for an initial consultation, where you can learn about your options, how much your claim might be worth, and what to expect during the process. We will be happy to answer your questions, so don’t delay.

About the Author

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Miller Law, Ltd.

Years of Experience: Over 35 years
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Miller Law, Ltd.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association U.S. District Court, Northern District of Illinois

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Miller Law, Ltd.

Years of Experience: Over 35 years
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Miller Law, Ltd.

Years of Experience: Over 35 years
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar