Our Texas brain injury lawyers are often asked, “What is the average settlement for a traumatic brain injury?” We wanted to answer that question in this article.
A traumatic brain injury (TBI) can be devastating for both the injured person and their loved ones.
If you or someone you love has experienced a TBI due to the negligent actions of another party, it is important to understand your rights under the Texas legal system.
The average settlement for a TBI is difficult to determine because each case is unique, and as variables such as the severity of injury change—the amount of compensation changes.
The leading causes of traumatic brain injuries are falls, impacts with an object, and car accidents. But there are countless ways a traumatic brain injury could occur.
The Centers for Disease Control and Prevention (CDC) defines a TBI as a disruption in the normal function of the brain that can be caused by an impact to the head.
Over 2.8 million Americans experience a brain injury each year.
To learn how we can assist you, please call (575) 222-1000 or send us an online message today. We offer free consultations.
Key Points
- No set average settlement exists because every traumatic brain injury (TBI) case is unique, and factors like injury severity and accident circumstances greatly influence compensation amounts.
- TBIs vary widely in impact from mild and temporary injuries to completely debilitating conditions, and this variation makes average figures virtually meaningless.
- Compensatory damages may include current and future medical expenses, physical therapy, prescriptions, ongoing care, lost wages, pain and suffering, and loss of enjoyment of life.
Right to File a Personal Injury Claim
If you or a loved one has sustained a TBI in an accident due to the negligence of another party, you may be entitled to compensation.
The experienced Texas personal injury lawyers at Tawney, Acosta & Chaparro P.C., understand the seriousness of your injuries.
We know that we cannot erase the pain of your injuries.
But if someone else is responsible, we can help you get the compensation you need to move on with your life.
Traumatic Brain Injury in Texas
According to the Brain Injury Association of America – Texas Division, there are some startling statistics that demonstrate the prevalence of TBI in the Lonestar state:
- 144,000 Texans sustain a traumatic brain injury every year;
- 5,700 Texans are permanently disabled every year because of a TBI; and
- 381,000 Texans (2% of the population) live with a TBI-related disability.
There are more than 5.3 million individuals in the United States who are living with a permanent brain injury-related disability. That’s one in every 60 people.
Traumatic Brain Injury Symptoms
A traumatic brain injury is a unique diagnosis that can only be made by a medical professional.
Assessments may include a neurological exam to evaluate your motor function, cognition, coordination, eye movement, and more.
Imaging tests such as MRI scans and CT scans may also be used.
According to the U.S. Food and Drug Administration, TBIs occur in varying degrees.
Up to 75% of TBIs are considered mild. Diagnosis is complicated by the fact that TBIs are difficult to identify and may have delayed onset.
Some general traumatic brain injury symptoms include:
- Headaches,
- Speech impairment,
- Difficulty thinking or reasoning,
- Ringing in the ears,
- Lightheadedness,
- Sensitivity to light or sound,
- Vomiting or nausea,
- Behavioral changes,
- Vertigo,
- Weakness in arms or legs,
- Attention deficits, and
- Memory problems.
If you or a loved one sustained a head injury and show any of these symptoms, visit a physician for an evaluation.
A TBI can affect your memory, your mood, and your livelihood. That’s why our legal team works to secure settlements that go beyond the basics and reflect the full scope of your suffering.
TBI Lawsuit Settlement Amounts In Texas
There is no single average settlement for a traumatic brain injury in Texas because compensation depends on injury severity and case-specific factors like medical costs, lost wages, and pain and suffering. Settlements can range from modest amounts for mild TBIs to well into the millions for severe, permanently disabling injuries.
No two personal injury cases are exactly the same, which makes determining the average settlement for traumatic brain injury virtually impossible and somewhat meaningless.
TBIs can range from mild and temporary to completely debilitating.
The severity of your injury and the circumstances of the accident will determine the amount of compensation you can receive.
In most cases, you will be eligible to receive compensatory damages for current and future expenses, along with compensation for pain and suffering.
Some recoverable damages include:
An experienced personal injury attorney will help you determine the value of your claim.
FAQs
What Is the Average Settlement for a Traumatic Brain Injury in Texas?
There is no fixed average settlement for a TBI in Texas because every case is unique. Compensation depends on the severity of the injury and case-specific factors, and can include current and future medical expenses, lost wages, and pain and suffering.
What Are the Most Common Causes of Traumatic Brain Injuries?
The leading causes of TBIs are falls, impacts with an object, and car accidents, though a traumatic brain injury can result from many other types of accidents as well.
How Common Are Traumatic Brain Injuries in Texas?
According to the Brain Injury Association of America – Texas Division, roughly 144,000 Texans sustain a TBI every year, about 5,700 are permanently disabled by one annually, and 381,000 Texans currently live with a TBI-related disability.
What Are Common Symptoms of a Traumatic Brain Injury?
Common TBI symptoms include headaches, speech impairment, difficulty thinking or reasoning, ringing in the ears, lightheadedness, sensitivity to light or sound, vomiting or nausea, behavioral changes, vertigo, weakness in the arms or legs, attention deficits, and memory problems.
What Damages Can I Recover in a Texas TBI Claim?
You may be able to recover damages for medical expenses, physical therapy, prescriptions, ongoing in-home care, lost past and future wages, depression, post-traumatic stress, and loss of enjoyment of life.
What Should I Expect From a Texas Traumatic Brain Injury Lawyer?
A Texas TBI lawyer should conduct an independent investigation, gather evidence proving the cause and cost of your injury, document the injury’s impact on your finances and quality of life, negotiate with insurance companies, and prepare to file suit and go to trial if a fair settlement isn’t reached.
What to Expect From a Texas Traumatic Brain Injury Lawyer
Understanding the long-term impacts of your TBI is a key component to receiving the compensation you deserve.
At Tawney, Acosta & Chaparro P.C., we are dedicated to combing through every aspect of your case to ensure nothing gets missed.
You can expect us to do everything we can, including:
- Conduct a thorough independent investigation into the accident that resulted in your TBI;
- Gather evidence to prove the cause of your TBI, along with past and future treatment costs;
- Compile proof of the severity of your injury, the injury’s impact on your finances, and the impact on your overall quality of life;
- Negotiate with insurance companies to achieve a fair brain injury settlement before pursuing litigation;
- File your personal injury lawsuit with the court and take care of all legal correspondence;
- Prepare for trial and advocate zealously on your behalf.
We have been recognized by Super Lawyers and The National Advocates for our high standards and our steadfast commitment to putting our clients first.
Send us a message or call us at (575) 222-1000 to schedule your free case consultation.
James Tawney is a dedicated advocate for injury victims throughout the Southwest. Born and raised in Arizona, he graduated summa cum laude from Northern Arizona University before earning his law degree from Texas Tech University School of Law. In 2016, James co-founded Tawney, Acosta & Chaparro P.C., where he continues to focus on protecting the rights of individuals and families harmed by negligence.
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