What is the Average Settlement for Suffering From a Concussion?
Head injuries should always be taken seriously.
If a person is showing possible symptoms of a concussion, they should receive immediate medical attention.
According to the latest information provided by the Centers for Disease Control and Prevention (CDC), nearly 3 million Americans visit the emergency room with concussions or related head injuries every year.
It is likely that many others suffer in silence, without receiving the professional medical attention that they need.
If you or your loved one suffered a head injury in an accident that happened because of another party’s negligence, you may be entitled to financial compensation through a personal injury claim.
This raises an important question: What is the average settlement for a concussion? There is no straightforward answer to this question. Every concussion case is unique.
Injured victims should always receive a financial settlement that accounts for the full value of their losses.
In this article, our Los Angeles brain injury attorneys provide an overview of the key factors that impact the value of concussion/TBI settlements.
Injured Victims Deserve Compensation for Their Individual Losses
With very few exceptions, personal injury damages in California are compensatory in nature. In other words, injured victims are awarded financial damages that account for the actual losses that they sustained in the accident. Under California law, compensation is available for both direct monetary losses (a hospital bill) and for intangible damages (pain).
A concussion settlement should provide full value for both economic and noneconomic damages. Among other things, this means that compensation can be made available for:
- Ambulance fees;
- Emergency room care;
- Other medical expenses;
- Physical rehabilitation
; Mentalhealth treatment;
- Lost wages;
- Diminished ability to earn;
- Pain and suffering;
- Mental distress;
- Permanent disability;
- Permanent cognitive impairment; and
- Loss of life enjoyment.
If you or your loved one suffered a concussion or traumatic brain injury (TBI) in an accident, it is crucial that your damages are carefully documented. Ultimately, disputes are resolved by looking to the evidence.
The full impact of a head injury— including both economic impacts demonstrated by things like bills and deeper physical and psychological issues, which can be demonstrated by things like doctors notes and witness testimony — must be considered.
Concussion Injury Claims are Especially Complex
Brain injury cases are often especially complex because the effects of this type of injury can sometimes be difficult to see — the victim may be suffering from severe headaches or may have sustained traumatic psychological damage.
Further, brain injury claims are challenging because this type of injury has the potential to persist for months, years, or even longer. In some cases, a concussion could result in permanent damage.
For this and other reasons, concussion settlement amounts can vary widely. In some cases, a concussion is only a moderate injury. A victim may receive emergency medical treatment but may experience little if any long-term effects from their accident.
Sadly, this is not always the case.
Concussions can have a truly devastating impact on the victim and their family. Following a severe concussion, it is crucial that any personal injury settlement accounts for the full value of intangible damages and long-term effects of the injury.
Everything must be accounted for — from the pain and suffering associated with long-term headaches to any future medical or physical therapy expenses.
Injured victims should always be represented by a personal injury lawyer who is prepared to handle these unique factors.
Know How to Maximize Your Concussion Settlement Value
Most personal injury claims — including concussion and brain injury cases — are settled outside of litigation. According to a report from the Bureau of Justice Statistics (BJS), more than 95 percent of tort cases are eventually settled.
For plaintiffs, this is a critically important fact: you need to know how to get the maximum available settlement offer.
As a general rule, defendants and insurance companies try to settle claims for the lowest amount possible.
Primarily, they are interested in protecting their own bottom line — not in offering a fair settlement to you and your family.
To hold a defendant accountable, injured victims must be able to present a strong and compelling legal case.
The full extent of your damages must be carefully and thoroughly documented.
Speak to Our Los Angeles Personal Injury Lawyers Today
At Starpoint LC, Attorneys at Law, our top-rated Los Angeles personal injury attorneys have the skills and experience needed to handle the full range of concussion and traumatic brain injury (TBI) claims.
No matter the circumstances of your case, we will fight to help you maximize your settlement.
For a free, no strings attached legal consultation, please do not hesitate to contact our law firm today.