Traumatic brain injuries (TBIs) are challenging to diagnose and treat. Most TBIs occur when an external force, such as a blow to the head or a fall, causes injury to the brain. It is estimated that 2 million Americans suffer TBIs every year.
Falls are the most common cause of brain injuries, followed by motor vehicle accidents and sports injuries. The brain injury can be mild, moderate, or severe, but these labels can mislead. Just because the injury is ‘mild’ doesn’t mean it isn’t serious. You can still be entitled to compensation in a lawsuit if another party caused you any type of brain injury, including a low-grade concussion.
How much you can receive in a mild traumatic brain injury settlement depends on many factors that this article explains. Speak to a brain injury attorney today if you suspect you or a loved one suffered an injury through no fault of your own. A brain injury attorney is paid by a contingency fee if the case is successful. You don’t pay any legal fees upfront and pay nothing if your claim is unsuccessful.
What Is A Mild Traumatic Brain Injury?
A mild traumatic brain injury is a less severe brain injury that may include a concussion, brief loss of consciousness, and limited post-traumatic amnesia. A mild traumatic brain injury can cause nausea, dizziness, confusion, balance problems, and loss of memory.
A mild brain injury may be caused by a fall, car accident, product injury, workplace accident, truck accident, assault, etc. A mild traumatic brain injury can still have long-term complications and consequences, including memory loss and reduced brain function. You should always get medical attention immediately if you think you have any type of brain injury.
Don’t assume because you have a ‘mild’ brain injury that it isn’t worth it to file a personal injury claim against the liable party. A brain injury is a serious matter, and you can still be entitled to compensation for medical bills and other losses. The brain injury can also be more severe than you initially realize, and you can have larger medical bills and damages than you think. Talk to a brain injury lawyer about your case to determine your legal options.
What Are Potential Damages For A Mild Traumatic Brain Injury?
Just because it’s a ‘mild’ brain injury does not mean it isn’t serious. Any brain injury can have devastating consequences that are expensive to treat and may affect your life for years. If your claim is successful, you can receive compensation for:
Medical Expenses
After a mild traumatic brain injury, such as a concussion, you will need significant medical care. You can recover money for past, current, and future medical expenses, such as ER and ambulatory expenses, hospitalization, medications, and surgeries. Also, you can receive money for rehabilitation, physical therapy, and travel expenses to medical appointments. Home modifications and medical equipment needed for your recovery will also be covered.
Lost Earnings
Even if your mild TBI heals and you live an everyday life, you still may be entitled to compensation for lost income from the injury and recovery. Your attorney will calculate your lost income from your injury and recovery period. Also, if you have a permanent injury and disability, you can receive money for lost earning capacity. This can be a substantial sum if you have many years left until you retire.
Pain And Suffering
Pain and suffering can be extreme with a brain injury. You should be compensated for your pain and suffering, as well as mental anguish. For example, your brain injury can cause cognitive problems, such as an inability to speak or understand language. This will lead to severe mental and emotional trauma that your brain injury attorney will demand compensation for.
What Will My Mild Traumatic Brain Injury Settlement Be?
We cannot say what your brain injury claim will settle for. Every brain injury is different, as is how the injury affects you or your loved one. Some brain injuries can be worth thousands, and others may be worth millions. A severe brain injury that prevents you from living life normally forever will be worth more than a ‘mild’ brain injury that you recover from after three months.
Factors that will affect your brain injury settlement are:
Severity Of The Brain Injury
Did you suffer a mild, moderate, or severe brain injury? A ‘mild’ brain injury may be a low-grade concussion from a fall, where you have brief memory loss, headaches, and confusion. This type of brain injury can fully recover after weeks or months. This case will be worth less than a more severe injury, such as a penetrating injury in a car accident that causes massive brain damage and permanent disability.
Whether You Recover Fully
A ‘mild’ brain injury with a full recovery has a lower case value than one that leads to permanent disability. Permanent disability prevents you from living, working, and enjoying life ever again as you once did.
If You Can Go Back To Work
Whether you can work again is a major factor in your brain injury settlement. Someone who is permanently disabled and will miss decades of work will receive a larger settlement than someone who misses a month of work time. Your brain injury attorney will retain vocational and economic experts to estimate your lost work time and demand just compensation from the insurance company.
How Fast You Want To Settle
Understandably, many brain injury victims want to settle quickly to receive compensation. However, letting the negotiation process play out is often beneficial so you can receive the most money. Your brain injury attorney will wait until you have recovered from your injuries to the fullest extent before negotiating a settlement. It’s essential to understand your level of recovery before settling on compensation.
Strength Of Evidence
Is it clear that another party’s negligence caused your brain injury? For example, suppose a truck crash was caught on video, and it’s clear that the truck driver caused the accident. In that case, you should receive more money than if the driver was partially at fault.
Your brain injury lawyer will fully document the extent of your financial losses and demand fair compensation from the insurance company. If insurance limits the extent of your financial recovery, your attorney may recommend filing a personal injury lawsuit to recover more money. A liable company almost certainly has sufficient assets to cover more of your damages. On the other hand, a private person may not have enough assets to make a lawsuit worthwhile.
How Does A Brain Injury Attorney Prove Liability?
Most brain injury claims are based on negligence. Your brain injury lawyer must prove the following for you to receive compensation:
- Another party owed you a duty of care. For example, commercial truck drivers owe you a duty of care above that of other drivers. They must drive carefully, obey the law, and not injure other motorists because of recklessness or incompetence.
- The truck driver breached their duty of care. For example, the trucker may have failed to stop in traffic and rear-ended your SUV.
- You suffered injuries in the accident, such as a mild traumatic brain injury and whiplash.
- You have damages related to the crash, such as $50,000 in medical expenses and rehabilitation.
Proving negligence in a brain injury claim depends on building a strong case with supporting evidence, such as:
- Accident scene evidence, such as photos, video, and vehicle damage analysis
- Eyewitness testimony
- Police reports
- Accident reports
- Commercial truck vehicle logs, if available
- Vehicle black box data, if available
- Medical records, including brain imaging scans
- Accident reconstruction expert testimony
- Testimony from medical experts
It’s your brain injury lawyer’s job to prove that you suffered injuries and damages, the defendant caused the accident or incident, and the defendant had a duty of care to you. Your attorney will calculate your damages and argue for the best loss settlement.
Who Is Liable For A Mild Traumatic Brain Injury?
Many parties can be responsible for your brain injury. Depending on how the incident happened, one person can be liable. You can also obtain compensation from several parties involved in the accident.
For instance, suppose a truck driver hit you in an intersection, and you slammed your head on the passenger window. You can file a claim against the truck driver and employer. Commercial entities have more insurance than private individuals, which can be significant with an expensive brain injury. Other possible liable parties in a truck or car accident are a product manufacturer, vehicle repair person, or government agency if a road defect is a factor.
If your TBI is because of medical malpractice, you can file a lawsuit against a doctor or medical facility. This can happen if a doctor made a prescription drug error, surgical error, or if they didn’t diagnose your condition that caused a stroke.
If the brain injury was because of a slip and fall on someone’s property, the property owner can be responsible. Property owners must maintain their properties to avoid hazards that injure others.
If a defective consumer product caused the brain injury, the designer, manufacturer, or marketer could be liable.
Determining liability for a mild traumatic brain injury is a critical step to learning if you have a viable claim. Talk to a brain injury attorney today to understand your legal options.
Why Should You Hire A Brain Injury Attorney?
Even a ‘mild’ brain injury can affect your life forever. A brain injury can cause problems with speech, memory, cognitive function, balance, and motion and cause tremendously expensive medical bills. A lot of money can be at stake in your brain injury case, so hiring an attorney is a must. Some of your personal injury attorney’s duties may include:
- Handle all communication with the case’s attorneys, insurance companies, and other stakeholders. When you have a brain injury, you don’t need the stress of dealing with the various parties in a claim.
- Investigate how the accident happened and find all evidence to prove liability. Some evidence is complex for the average person to obtain, such as black box and employment data from a trucking company after a truck crash. Extensive follow-up may also be required to get all of your medical records.
- Identify all avenues for financial recovery, including all relevant insurance policies, workers’ compensation, etc.
- Retain medical experts to prove the severity of your injury and medical bills.
- Potentially help you receive medical care. Some brain injuries are expensive to treat, and you may have difficulty finding doctors to treat you because of concerns about payment. Your attorney has relationships with doctors who will delay payment until your settlement check arrives.
- Negotiate with the insurance company for maximum compensation for your losses.
- If a fair settlement is impossible, take your case to court in a personal injury lawsuit.
- Provide regular updates to you and your family about progress in the case.
Remember The Statute Of Limitations
You can have a severe injury and expenses. But if you wait too long to file a claim, you can be barred from a financial recovery. Every state has a statute of limitations for filing a personal injury lawsuit. For example, New York state has a three-year statute of limitations for filing personal injury claims. You should retain a personal injury attorney immediately to ensure that you have enough time to develop a strong case.
Speak To A Brain Injury Attorney Today
Did you or a loved one suffer a mild traumatic brain injury? Was another person or entity at fault? The consequences of a traumatic brain injury can affect various aspects of your life, from your cognitive and physical abilities to your emotional health.
Retain a brain injury attorney to pursue compensation for your injuries. You may have devastating expenses and losses from the accident and should not have to pay out of pocket for your recovery. You may be entitled to money for your current and future medical bills, lost earnings, and pain and suffering. The consultation is free; you pay no legal fees unless the attorney wins your case.