What is the Average Settlement for Traumatic Brain Injury and Concussion?

Average Settlement for Brain Injury and Concussion in Colorado

Brain injuries are some of the most severe injury types. They often cause long-term or permanent and significant effects for the affected person. In fact, some people who suffer traumatic brain injuries (TBIs) after accidents may face a big uphill battle. They might be unable to return to work, perform athletic or intellectual activities they once loved, perform basic functions, or even care for themselves.

When the negligence of another party causes a TBI, the affected victim can bring a personal injury claim. At Roberts Accident Law, LLC, one of the questions that we hear most frequently is, “What is the average settlement for brain injury and concussions in Colorado?” In general, the average settlement for a brain injury or concussion personal injury case is between $10,000 and $250,000. Although certain factors play into this, such as the type of injury, gravity of the injury, and the financial and emotional effects on your life, no two brain injuries are alike.

It is impossible to determine the value of a brain injury case without a thorough investigation. In general, the average mild concussion settlement amount may be a few thousand dollars whereas more complex cases may be worth a few million dollars.

The following considers the different factors that affect a brain injury settlement, including the severity of the injury, economic and noneconomic damages suffered by the victim, sources of compensation, and how to prove fault.

Types of Brain Injuries and Brain Injury Severity

One of the most significant things that will affect a plaintiff’s settlement amount is the degree and severity of brain injury. There are multiple types of brain injuries. They include:

• Concussion,
• Penetration injury,
• Diffuse axonal injury,
• Coup-contrecoup injury, and
• Contusion injury.

These types are further described by the level of severity. Severity is usually described using the Glasgow Coma Scale. The patient receives a score between three and 15. Three is the most severe and 15 is the least severe. A person with a lower score may have much more significant long-term effects.

Remember that the brain is a very complex organ. The effect that a brain injury may have not only depends on type and severity but also on the individual and the resources available to them as they heal. The brain injury could impact thinking, cognition, emotions, mood, behavior, vision, perception/sensation, and movement.

Types of Damages You Can Recover From a Brain Injury Claim

In a Colorado personal injury lawsuit, which includes brain injuries, there are different types of damages. Accounting for these damages is how your settlement will be determined.

Economic Losses

The type and severity of a brain injury will likely have a direct effect on the amount of economic losses that a person occurs, therefore the amount that their claim is worth. Types of economic losses that are common in a brain injury case include:

Medical Expenses

When you are in the hospital, your stay costs money. In some cases, your stay could cost a lot of money. From the nurse who took care of you to the food you ate, these amounts are recoverable.

Therapy Costs

Often, when you have a concussion or brain injury, recovery doesn’t end in the hospital. More often than not, you will need therapy to recover. For example, you may see a speech therapist, an occupational therapist, a physical therapist, or all three and more.

Property Damage

Was your car damaged during the auto accident? With a lawsuit, you may be able to recover that loss as well.

In-Home Care Expenses

After a brain injury, you may struggle to do simple tasks that you used to accomplish all on your own. Cooking or bathing for yourself may not be possible, so you will need assistance in your home.

Lost Wages and Loss of Earning Ability

If you are having trouble doing basic things, then in all likeliness, you are unable to work. A lawsuit can recover your lost wages.

Lifestyle Change Expenses

Lifestyle changes are things that are necessary as a result of the accident. For example, this could be the need for a wheelchair or assisted living.

Non-Economic Losses

Sometimes, the noneconomic losses that a person suffers can feel even more significant than the economic expenses. Typically, a person with a more severe brain injury will suffer more significant noneconomic losses, such as:

• Pain,
• Suffering,
• Distress,
• Emotional/Mental Anguish,
• Depression or Anxiety,
• Loss of Quality of Life,
• Impaired Relationships

There are rules in Colorado capping non-economic damages in a personal injury claim, but noneconomic damages are available. Our Colorado brain injury lawyers near you can help you understand what your claim may be worth.

Sources of Compensation Available

Another thing that can very much affect the settlement amount for a Colorado traumatic brain injury case is the amount of compensation/source of compensation that is available to begin with.

While it is rare for both parties to not have insurance, it does happen. Even if the value of the claim is hundreds of thousands of dollars, there may be no source of funds available to pay this. The victim can file a lawsuit directly against the at-fault driver. However, it is unlikely that the driver will be able to pay this claim.

On the other hand, consider a party who suffers a TBI as a result of an anesthesia error during surgery. In this case, the victim likely has multiple sources of insurance available. This includes the liability insurance of the hospital, the anesthetist, and the surgeon. Therefore, this party may be able to recover their full settlement amount, even if their claim is worth over $1 million.

The sources of insurance/funding for claims have a huge effect on a settlement. This is one of the primary reasons that working with an experienced brain injury attorney in Colorado is so important. A good brain injury attorney near you will know how to uncover all potentially liable parties and sources of insurance to pay your claim.

Proving Fault, Damages, and Being a Strong Negotiator

Finally, outside of the actual damages that a brain injury victim suffers and the sources of compensation available to them, other things that can affect a settlement are the plaintiff’s ability to:

• Prove fault;
• Substantiate damages; and
• Negotiate for a fair settlement.

If you cannot prove the fault and negligence of the defendant, your claim will be futile. Further, even if you can prove fault, but cannot prove causation or the extent of your damages, you will not be able to recover your full settlement amount.

Ultimately, sometimes the ability to recover every penny your case is worth comes down to your negotiation skills. Insurance adjusters will often initially offer you less than you deserve. They hope that you will accept the settlement and move on. Knowing how to reject an offer, and offer a counter that is neither too high nor too low is an important skill.

Additional Factors When Calculating Your Brain Injury Settlement

Along with the above, there are several other factors to consider:

• Liability Percentage: If you are partially at fault for the accident, you could potentially get compensated less.
• Mitigating Damages: Damages could be reduced for your negligence, like failing to seek treatment sooner.

Contact an Experienced Colorado Brain Injury Lawyer Near You

At Roberts Accident Law, we want to see our clients recover from the suffering they’ve been put through. That’s why we offer free consultations. We want you to know how we can help and what we can do for you before we begin. Hiring a talented Colorado brain injury settlement lawyer near you is helpful in obtaining a settlement. We can help you learn more about the factors that influence a brain injury settlement. Our experienced law firm can help you with your case. Please contact Roberts Accident Law, LLC to request a consultation today.

When you’re ready to get started, your Denver traumatic brain injury lawyer near you is waiting. Reach out by calling 720-515-7058 or by filling out the online form below. We also deal with other settlement cases such as pedestrian accident payouts & settlements, average slip & fall settlements, and even dog bite settlements. Call us today and find out how much your personal injury case is worth.

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