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  • Writer's pictureRobert Schuerger

Average Settlement for Traumatic Brain Injury in Texas - What To Know

Traumatic brain injuries could lead to permanent and life-altering disabilities. Usually, the full impact isn't felt until years or months later.


After suffering a traumatic brain injury because of another person's negligence in Texas, victims have the right to pursue monetary damages and get the biggest settlement possible.


Unfortunately, there's no "average" settlement amount for a traumatic brain injury in Texas. The value of the brain injury case depends solely on the facts and the track record of the lawyer hired.


Hire a Lawyer!

Schuerger Shunnarah Trial Attorneys goes to war for 214 and understands that this area of personal injury law can be challenging and confusing to many. Therefore, it's wise to contact the law firm online or by calling (833) 692-5038 to discuss the case. Someone will listen to the details and point the victim in the right direction.


Average Brain Injury Settlement - Is There One?

Average Brain Injury Settlement - Is There One?


Severe and mild brain injuries are unique, just as the victims who suffer through them. Since no two personal injury claims are alike, it's not possible to showcase an average traumatic brain injury settlement. Typically, the settlement amounts are higher than in other cases because of the potential for permanent disability and the severity of the injury.


A Word About Online Calculators

While there are brain injury settlement calculators available online, those sites don't accurately evaluate the details or gauge the severity of the claim. Likewise, they cannot calculate the damage value.


Ultimately, it's better to talk about the potential value of the brain injury case with an experienced attorney. They will help TBI victims understand their rights and options.


Types of Accidents Leading to Traumatic Brain Injuries


A severe or mild traumatic brain injury may result from any accident that disrupts a person's brain function, including:


  • Oxygen deprivation

  • An aneurysm or stroke

  • An object that penetrates the skull

  • A sharp blow or jolt to the head


Therefore, the victim could develop neurological disorders that require extensive medical care and will often continue for the rest of the victim's life. While medical professionals can effectively manage the condition, no cure or treatment exists for a TBI.


Common Ways to Sustain Severe Injuries to the Brain

Here are a few ways a victim could sustain a severe brain injury:


  • Work-related accident

  • Slip-and-fall accidents

  • Medical malpractice

  • Motor vehicle accident


Regardless of how the victim sustained the TBI, they have a right to pursue legal representation if another person's actions led to the damage. It's wise to contact a personal injury lawyer in Dallas to help hold the responsible party accountable.


Traumatic Brain Injury Settlements - Factors Influencing Their Value


In most cases, brain injury settlements will compensate the victim for their actual damages. This can include emotional distress, physical pain, and financial compensation, such as:


  • Pain and suffering

  • Lost wages/benefits

  • Inpatient or at-home care

  • Neurological evaluation/treatment

  • Therapy and rehabilitation

  • Medical expenses, such as doctor/hospital bills

  • Medical evaluation and testing


Other Damages

Most traumatic brain injury victims will require long-term care and treatment, so the attorney might also incorporate these things into the estimated brain injury claim settlement:


  • Future medical costs

  • Estimated future lost wages

  • Diminished earning capacity

  • Diminished quality of life


Reasons to Hire an Attorney


It's important to work with a brain injury attorney to gather medical records, such as medical bills and information about medical treatment. The victim deserves a fair settlement for a severe injury. Even mild traumatic brain injuries can lead to future medical expenses and other economic damages.


Many times, the victim's family members might have to pursue legal action because the victim cannot. For example, a spouse might sue for loss of consortium, companionship, or care of the victim. Personal injury attorneys can help people explore their options and recover compensation based on the case's details.


If the loved one dies because of the TBI, a wrongful death lawyer can help the victim's family set up a traumatic brain injury case. They can assist with questions like what is a demand package in a personal injury case?


Do TBIs Qualify as a Permanent Disability?


In most brain injury cases, the TBI victim will deal with long-term consequences or a permanent disability. Ultimately, any severe head injury could compromise the person's mental, emotional, and physical capacity.


Physical Effects

Here are the most common physical effects of brain injuries:

  • Muscle spasms

  • Chronic fatigue

  • Balance issues

  • Chronic headaches


Behavioral and Cognitive Effects

Brain injury victims might also deal with behavioral and cognitive effects, such as:


  • Anxiety

  • Depression

  • Personality changes

  • Poor impulse control

  • Lack of concentration or focus

  • Memory loss


Issues Relating to Symptoms

Victims usually experience many of these symptoms at once. Therefore, they cannot maintain or form personal relationships or hold down a job. These are some of the reasons why a severe or mild brain injury could be considered a permanent disability. In such situations, the value of the legal claim will increase accordingly.


Statute of Limitations for Filing a Lawsuit for a TBI Claim


The statute of limitations in Texas gives victims of a head injury two years to take legal action. However, if a governmental agency was the at-fault party, it might be shortened to just six months. Failing to file the civil action before the time limit means losing the right to recover compensation for those injuries.


Why Work with an Experienced Personal Injury Attorney for a TBI Settlement


Texas law allows a person to pursue a personal injury claim or file the brain injury lawsuit without any legal representation. However, it's wise to have an experienced lawyer available. They have the knowledge and expertise required to get the victim fair compensation for the damages.


What the Attorney Does

Typically, an attorney will investigate the facts of the case and gather evidence to establish negligence. Likewise, they will negotiate with the other party's insurance company to get the best settlement possible. If the defendant's lawyers won't negotiate in good faith, the victim's attorney will take the case to court!


Consult with an Experienced Brain Injury Lawyer from Schuerger Shunnarah Trial Attorneys Today

Consult with an Experienced Brain Injury Lawyer from Schuerger Shunnarah Trial Attorneys Today


Though it's impossible to produce numbers for an average settlement, it's wise to work with a traumatic brain injury lawyer. The other party's insurance company will likely ask the victim for recorded statements or offer lowball amounts to reduce liability.


Contact a Lawyer from Schuerger Shunnarah Trial Attorneys

Schuerger Shunnarah Trial Attorneys can help victims file a personal injury lawsuit for economic and non-economic damages. Call today for a free consultation, or use the online form to get in touch.

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