top of page
  • Writer's pictureRobert Schuerger

Average Brain Injury Settlement Value - Texas Cases and What Victims Must Do

The amount of money a person can get for a head injury can vary depending on the state they're in. However, many other factors also affect it. In this article, people will learn about the process and know more about what they should do if they go through an accident and must file a lawsuit.


Is There an Average Settlement for Traumatic Brain Injuries?

Is There an Average Settlement for Traumatic Brain Injuries?


Each traumatic brain injury is unique, just like the victim who was in the accident. According to personal injury law, even though there are certain rules when it comes to filing lawsuits, there is no specific amount that people can get as a settlement for their case.


Victims will find traumatic brain injury calculators online, but they shouldn't fully rely on what they say. Each case has its own specific characteristics. Therefore, the best idea is to talk to an experienced personal injury attorney. They have more information on average settlement broken neck car accident Texas as well.


A personal injury lawyer can assess the victim's case. Then, they might even shed some light on the average settlement they've gotten for their own clients.


Although victims still won't know exactly how much they'll get for their personal injury lawsuit, they'll have a much better idea.


Accidents That Can Cause a Traumatic Brain Injury


Unfortunately, accidents happen every day. Any incident that interrupts the way the person's brain works will constitute a traumatic injury. Some examples are the following:

  • Objects penetrating the skull

  • An aneurysm or a stroke

  • A sharp blow or jolt to the head

  • Deprivation of oxygen

When a victim suffers from a traumatic brain injury, they might develop neurological disorders that affect their life. At the same time, they may have to spend a lot of money on medical expenses, which can cover physical therapy, doctor's appointments, and prescription meds.


Medical practitioners can help a victim manage their traumatic brain injury symptoms. However, there is no cure for the conditions, and in many cases, it will hinder their performance in different areas of their life.


Furthermore, even though many situations can cause traumatic brain injuries, the most common ones are vehicle accidents, medical malpractice, work-related, and slip-and-fall accidents.


Regardless of what caused the person to sustain a traumatic brain injury, they are entitled to get a settlement for the pain and suffering they're going through. Therefore, filing a personal injury claim is crucial since it will allow them to get the justice they deserve.


Factors That Affect the Settlement Value


When a person's negligence causes someone else to sustain a traumatic brain injury that changes their life, victims have a right to file a personal injury claim and get a settlement to cover their expenses.


Brain injury victims are often confused and at a loss for what to do, but they should always remember that negotiating with the insurance company is crucial. Insurers will try to do everything they can to pay as little as possible, but the affected person deserves much more than that.


Moreover, the value of a brain injury settlement can vary depending on different factors. The victim could receive more or less money depending on the damages, which include financial, emotional, and physical, for instance:

  • Medical tests and assessments

  • Doctor appointments and bills

  • Neurological evaluation and treatment

  • Therapy and rehabilitation

  • Pain and suffering

  • Trauma or psychological effects

  • Inpatient and at-home care

  • Benefits and lost wages

In most cases, if the person sustained a severe injury, they'll have to get long-term treatment. Therefore, victims will often have to include the next aspects in their settlement value:

  • Diminished capacity to earn money

  • Estimated loss of income in the future

  • Diminished quality of life

  • Estimated cost of treatment and care in the future

Sometimes, the person's family will also have to pursue personal injury claims. Their spouse, for instance, could file a suit for loss of consortium, care, or companionship.


Since a traumatic brain injury settlement can vary so much depending on different factors, the best alternative is to consult with an expert. Otherwise, victims will risk not getting as much as they could when negotiating with the insurance company.


Are Traumatic Brain Injuries a Permanent Disability?


A traumatic brain injury is not necessarily a permanent disability, but in most cases, that's what happens. In other words, it depends on whether or not it compromises the person's emotional, physical, or mental capacity.


Unfortunately, the majority of the time, a traumatic brain injury compromises the victim's life in different ways. The following are some of the most frequent physical effects of these accidents:

  • Chronic headaches

  • Muscle spasms

  • Chronic fatigue

  • Balance problems

The person might also experience psychological or cognitive dysfunction. When that happens, the most common symptoms are these:

  • Lack of concentration or focus

  • Diminished attention span

  • Personality changes

  • Memory problems

  • Anxiety

  • PTSD

  • Depression

On most occasions, a person who suffered from a traumatic brain injury will experience a cluster of the previously mentioned symptoms. Consequently, they might have a lot of problems when trying to hold a job, socialize, or perform the activities they used to.


Although it doesn't happen every time, sometimes victims might be completely unable to go back to work. Their spouses may mention they're an entirely different person, and they could even forget important events from their lives.


The average settlement for a traumatic brain injury can help victims have an idea of how much money they can get. However, if their situation qualifies as a permanent disability, the value will increase. Therefore, consulting with a lawyer and getting all the information is the best way to go since it'll help them know what to do.


Victims Should File a Lawsuit as Soon as Possible


According to the Texas Statute of Limitations, if someone suffers from a brain injury, they have up to two years after the accident to report it and try to get a settlement.


Many victims get caught up in details, such as the average settlement amount, doctor bills and appointments, and therapy sessions.


Victims must understand that their well-being comes first. However, if they want to get a settlement, they must file a lawsuit as soon as possible.


Why Victims Require a Traumatic Brain Injury Lawyer


A brain injury attorney can help victims in many ways. They might be able to ensure the average settlement, but sometimes, they could get much more than that depending on the details of the accident.


Brain injury lawyers specialize in law, so they'll fight for the person's case in law, and they'll do everything they can to guarantee the best results. Plus, they can negotiate with insurers and help the victim gather evidence.


What Victims Must Do If They're in an Accident

What Victims Must Do If They're in an Accident


No one can predict an accident. Nonetheless, they're very frequent, and victims should know what to do if they're in one, so the following guide includes the steps they must follow:


Call an Ambulance


Firstly, they should call an ambulance if they can. As the article mentioned, the number one thing is the person's well-being. Therefore, if they're in danger, they should get help from a medical professional.


Wait for the Police


If no one has called the police, the victim should. Officers will arrive at the scene and start asking questions about what happened.


Victims should be honest with the officers and ensure they're giving them as much information as possible. The police's reports will help their case because they're evidence.


Don't Move


If the person sustained a brain injury, they might be bleeding or in too much pain. They shouldn't move when that happens because they might risk getting worse.


The best thing to do when victims are in danger is to follow the instructions from the paramedics and do everything they say.


Call a Lawyer


Once the victim is safe, they should contact a brain injury lawyer who can help them file the lawsuit. Personal injury cases take a while to put together because the attorney must gather evidence and start negotiating with the negligent party and their insurers. They can advise on the average settlement for soft tissue injury car accident Texas.


Therefore, if the person wants a fair settlement, they should file the case as soon as possible. It's possible to recover compensation, but they must start the process.


File a Lawsuit


To file a lawsuit, victims of severe injuries will have to gather evidence that includes police reports, medical records, witness testimony, bills, and any other convenient document or piece of information that could help them prove what happened.


The most crucial aspect of filing a personal injury case is to prove that the person's life changed after they sustained the injuries. They must show that now they're unable to work, relate to others, or engage in the activities they previously loved.


Schuerger Shunnarah Can Help Victims


There are many law firms out there, but at Schuerger Shunnarah, Dallas auto accident attorneys take the motto "We Go to War for You" close to heart.


If a victim hires these lawyers, they will assess the person's case and fiercely defend them to make sure they get the best settlement possible. They're ready to help, so anyone can contact them if they want to.

Comments


bottom of page