How are TBI Settlements Calculated?

Posted on March 31, 2024 in Traumatic Brain Injury

When an individual hits their head on a hard surface in an accident or suffers a violent jolt of their head, they may suffer a traumatic brain injury (TBI). As a result, they may experience short and long-term symptoms, including memory loss, migraines, and even a coma. If an accident victim suffers a TBI due to someone else’s negligence, they may be entitled to recover compensation for their many costly losses.

The total amount of TBI compensation depends on the circumstances of each individual case, including how the accident happened, the type of TBI the accident victim suffered, the extent of their injury, and the symptoms they experience (and may experience in the future).

When maximizing the financial recovery you receive, an experienced brain injury lawyer can thoroughly investigate your circumstances, gather the documents necessary to prove your case, and deal with insurance companies and their adjusters on your behalf. Additionally, if the insurance company does not offer fair compensation, your Phoenix brain injury lawyer can pursue a favorable litigation result in the state court system.

Following a TBI, your priority should be getting a proper medical diagnosis and beginning treatment immediately. This might help to mitigate the damage and complications in some cases. Then, your next step should always be consulting a brain injury attorney near you to discuss your legal rights to possible compensation.

Consequences of TBIs

Consequences of TBIs

A traumatic brain injury can have a profound impact on a person’s life, causing a range of physical, cognitive, and behavioral effects. Understanding these consequences is essential for individuals and their loved ones as they face the challenges that arise after a brain injury.

Physical Effects

TBIs can result in a variety of physical effects that can significantly impact a person’s daily life. Depending on the severity of the injury, individuals may experience headaches, dizziness, fatigue, and difficulties with coordination and balance. Some may even face long-term issues such as chronic pain, seizures, or paralysis. These physical challenges can make it difficult for individuals to engage in regular activities, work, or even carry out simple tasks of daily living.

Cognitive Effects

In addition to physical symptoms, brain injuries can also lead to cognitive impairments. Memory problems, difficulties with attention and concentration, and slower processing speeds are common cognitive effects experienced by individuals with TBIs. These impairments can make it challenging to perform tasks that require mental effort, such as following instructions or organizing thoughts. The cognitive changes caused by TBIs can be particularly frustrating and may impact a person’s ability to return to work or engage in social activities.

Behavioral Effects

Brain injuries can also significantly impact a person’s behavior and emotions. Individuals may experience changes in their personality, mood swings, and difficulties controlling impulses. Anxiety, depression, and irritability are also common psychological effects of TBIs. These behavioral changes can strain personal relationships and make it challenging for individuals to reintegrate into their communities. It is important to seek support from professionals who can help individuals and their families navigate these behavioral challenges and develop coping strategies.

Treatment and Costs

Treating and managing the consequences of TBIs can be difficult and costly. Individuals may require a multidisciplinary approach that involves healthcare professionals, occupational therapists, and psychologists. Treatment plans may include physical and cognitive rehabilitation, medication management, and counseling.

The financial burden of these treatments can be overwhelming, especially if individuals cannot work due to their injuries. TBI victims must explore their legal options, such as seeking an insurance settlement from liable parties or applying for disability benefits, to help alleviate the financial strain and access the necessary medical care and support.

The challenges of living with a brain injury can be overwhelming. However, with the right legal guidance and support, TBI victims can find hope and legal means to secure the benefits they are entitled to. By working with experienced brain injury attorneys, individuals can seek the compensation necessary to cover their losses and provide financial support as they face the future with a TBI.

Factors that Affect the Value of a TBI Case

If you or a loved one has experienced a traumatic brain injury, many factors can affect the value of your case. Your brain injury attorney can examine several key elements that can impact the overall value of a TBI claim.

Medical Expenses

How are TBI Settlements Calculated

One key factor to consider is the extent of past and future medical expenses. TBI cases often involve extensive medical treatments, including hospital stays, surgeries, rehabilitation programs, and ongoing therapies. These expenses can quickly add up, and your attorney will accurately calculate and document all medical costs related to the injury. Additionally, future medical expenses, such as long-term care or specialized equipment, should also be factored into the overall value of the case.

Lost Income

Another element that can significantly affect the value of a TBI case is past and future lost income. A severe brain injury can often result in the inability to work or earn a living, leading to financial hardship for the injured individual and their family. When assessing the value of a TBI case, your lawyer must consider both the income lost in the past due to the injury and the potential future earning capacity that has been compromised. This may require working with vocational experts and economists to determine the full extent of the financial impact.

Pain and Suffering

Physical and mental pain and suffering are also key factors in determining the value of a TBI case. A traumatic brain injury can result in significant physical impairments, chronic pain, and emotional distress. These intangible losses can greatly impact the injured person’s quality of life and should not be overlooked when quantifying the overall value of the case. Documenting these non-economic damages requires the experience of an experienced injury attorney who can accurately convey the extent of the client’s suffering to the insurance company or court.

Permanent Effects of the TBI

Long-term disabilities and impairments resulting from a TBI can significantly influence the value of the case. These disabilities can range from cognitive impairments and memory loss to mobility issues and sensory deficits. Your attorney should thoroughly assess the long-term impact of your brain injury to ensure that all potential future challenges and limitations are considered when determining the case’s value.

Insurance companies regularly undervalue the losses of a brain injury, especially the intangible losses. To ensure a fair and just outcome, work with an experienced attorney who understands TBI cases and can advocate for your rights effectively.

Negotiating a Fair Insurance Settlement for Your TBI

One of your lawyer’s most important roles is to negotiate a fair insurance settlement on your behalf. Dealing with insurance companies can be incredibly frustrating, as they often try to minimize the extent of your injuries and the compensation you are entitled to. However, with a skilled attorney by your side, you can level the playing field and protect yourself.

A lawyer who handles TBI cases understands the complexities of your injury and knows how to present your case in the strongest possible light. They have the knowledge and experience to gather all the necessary evidence, such as medical records, expert testimony, and accident reports, to support your claim. Additionally, they can calculate the full extent of your damages, which may include medical expenses, lost income, rehabilitation costs, and pain and suffering.

Once they have built a solid case, your lawyer will engage in negotiations with the insurance company on your behalf. They will skillfully advocate for your best interests, using their legal experience to counter any attempts by the insurance company to undervalue your claim. With their guidance, you can have confidence that you are pursuing the maximum compensation you deserve.

If negotiations with the insurance company fail to produce a fair settlement, your lawyer can take your case to court. They will continue to fight for your rights and represent you throughout the litigation process. Having a dedicated legal advocate on your side can provide peace of mind and reassurance that someone is fiercely protecting your interests.

Dealing with a traumatic brain injury is challenging enough on its own. By retaining a brain injury lawyer, you can alleviate some of the stress and uncertainty associated with the legal aspects of your case. They will handle the insurance process, negotiate on your behalf, and ensure you receive the compensation you are entitled to.


Insurance Companies Regularly Undervalue Brain Injury Claims

Negotiating With Insurance Companies

When processing brain injury claims, insurance companies often rely on their own medical experts to evaluate the severity and long-term consequences of the injury. Their main objective, as businesses, is to minimize their financial liability. As a result, they may downplay the significance of the injury, underestimating the required medical treatment and rehabilitation expenses. This approach can leave individuals struggling to cover the costs of necessary medical care, physical therapy, and ongoing support services.

Moreover, insurance companies may attempt to shift the blame onto the injured party, questioning the cause and severity of the brain injury. They might argue that the injury was pre-existing or attribute it to a lack of proper medical attention, undermining the credibility of the injured individual’s claims. This tactic can create additional obstacles for those seeking fair compensation for their brain injury, making it even more challenging to receive the benefits they are entitled to.

In such cases, always have an experienced attorney by your side, fighting for your rights and ensuring that insurance companies do not undervalue your brain injury claim. A knowledgeable attorney can proficiently navigate the legal process, gather relevant evidence, and build a robust case to support your claim. They can identify and assert your rights, making sure that insurance companies take your claim seriously.

Remember, the consequences of a brain injury can be far-reaching, affecting your ability to work, engage in daily activities, and enjoy a fulfilling life. Seeking legal representation can level the playing field, allowing you to focus on healing and recovery while an attorney advocates for your rights.

Never Accept an Insurance Settlement Without Legal Representation

If you’ve been approached by an insurance company with an offer of settlement, it may be tempting to accept. However, remember that insurance companies are not on your side. They are businesses focused on minimizing their own financial liability. That is why you should never accept an insurance settlement without legal representation.

Once you accept a settlement that is too low, you cannot later request more compensation. Instead, you will likely be liable for many costly losses the settlement does not cover. Too many TBI victims without legal representation end up struggling financially because they did not realize the full extent of their losses and accepted a lowball settlement.

Your lawyer will carefully assess the details of your case and gather all necessary evidence to build a strong legal claim. They will work tirelessly to negotiate with insurance companies and fight for a fair settlement that takes into account the full extent of your brain injury and its impact on your life. However, if the insurers are not willing to cooperate, your lawyer will not hesitate to take the case to civil court.

Filing a lawsuit may seem like a daunting prospect, but it can be the most effective way to ensure that you receive the compensation you deserve. Your lawyer will navigate the legal process on your behalf, guiding you every step of the way. By taking legal action, you are sending a message to insurers that you will not settle for anything less than what you are rightfully owed.

Matt Boatman Attorney for Brain Injury

Matthew R. Boatman, Brain Injury Lawyer

Contact a Brain Injury Lawyer Near You Today

If you recently suffered a TBI in an accident that someone else caused, a knowledgeable brain injury attorney in your area can be an invaluable help. In addition to aggressively negotiating with insurance company representatives and pursuing a favorable settlement offer in your case, your lawyer can file a lawsuit and litigate your case in the court system if that step becomes necessary. Your attorney will highlight the strengths of your TBI case, downplay any weaknesses, and pursue the highest amount of monetary recovery available to you.

Schedule your free consultation with a brain injury attorney as soon as possible.