Understanding Traumatic Brain Injury Settlements in Georgia
A traumatic brain injury happens when a blow or jolt to the head disrupts normal brain function. Traumatic brain injuries (TBIs) can have devastating effects on victims and their families, such as mounting medical bills, lost wages, and long-term care needs.
The average settlement for a traumatic brain injury can vary widely, ranging from $100,000 to over $5 million. Mild traumatic brain injury settlements often fall between $100,000 and $150,000, while severe brain injury settlements may exceed $1 million.
Every TBI case is unique, and brain injury settlement amounts can differ significantly based on various factors like the severity of the injury and the circumstances of the accident. If you suffered a traumatic brain injury caused by someone else’s negligence, our personal injury law firm can help.
Our Atlanta car accident injury lawyers fight to maximize TBI settlements for car accident victims in Georgia. Contact the Weinstein Firm today for a free consultation.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) happens when a sudden, external force causes damage to the brain. Car accidents are one of the leading causes of TBIs. Other common causes include falls, sports injuries, and workplace accidents. Traumatic brain injuries can vary in severity from mild concussions to severe TBI cases that cause permanent disability or death.
Symptoms of head injuries may not appear right away. Seeking immediate medical care is critical for protecting your health and your legal rights. The long-term effects of a traumatic brain injury (TBI) can be profound.
Mild Brain Injuries
Mild traumatic brain injuries, often referred to as concussions, can cause symptoms such as headaches, dizziness, memory problems, and mood swings. While these symptoms may seem less severe compared to more catastrophic injuries, they can still significantly impact a person’s quality of life and may persist for weeks or even months. It’s crucial not to underestimate the potential long-term effects of even a mild TBI.
Moderate TBIs
Moderate TBIs involve more pronounced symptoms and may result in longer periods of unconsciousness or confusion. These injuries often require more extensive medical intervention and can lead to longer-lasting cognitive, physical, and emotional challenges.
Severe Traumatic Brain Injuries
Severe brain injuries are the most critical and can result in extended periods of unconsciousness, coma, or even permanent disability. Victims of severe TBIs often require lifelong care and support, significantly impacting their ability to work, maintain relationships, and enjoy life as they did before the injury.
What Is the Average Settlement for Traumatic Brain Injuries?
The average settlement amount for a traumatic brain injury can vary dramatically based on the severity of the injury and its impact on the victim’s life. Let’s break down the average settlement ranges for different levels of TBI severity.
Average Mild Traumatic Brain Injury Settlement
Mild TBI settlements in Georgia typically range from $100,000 to $150,000. However, the settlement amount in a specific case depends on many considerations.
Average Settlement for Moderate Brain Injury Cases
Moderate TBI claims generally result in higher compensation than mild TBIs due to their more significant impact on the victim’s life. Settlements usually fall in the range of $150,000 to $500,000.
Average Settlement for Severe Traumatic Brain Injury
Severe traumatic brain injury cases result in the highest settlement amounts due to the catastrophic and long-lasting effects of these injuries. The average settlement for a severe TBI causing permanent disability can exceed $1 million. Some brain injury claims settle for more than $5 million.
How Are TBI Settlement Values Determined?
Several key factors can significantly influence the settlement in a traumatic brain injury case.
Severity of the Injury
As discussed earlier, the severity of the TBI is one of the most critical factors in determining settlement amounts. More serious injuries that result in long-term or permanent disabilities typically lead to higher settlements due to the increased medical costs, care needs, and impact on the victim’s quality of life.
Medical Bills
The cost of medical treatment, including emergency care, surgeries, hospital stays, medications, and rehabilitation, plays a significant role in brain injury settlement calculations. Brain injury victims who require ongoing medical care can claim compensation for future medical expenses.
Lost Wages and Earning Capacity
If brain injury victims miss work, a personal injury attorney will seek damages for lost wages. Brain injury claims may include compensation for future lost income if the victim can’t return to work or can no longer earn as much money.
Pain and Suffering
Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, are important in TBI claims. Loss of enjoyment of life can include difficulty performing daily activities, maintaining relationships, and enjoying hobbies or interests.
Non-economic damages can be more challenging to put a value on. However, pain and suffering damages are important in TBI claims, especially for severe injuries. Compensation tends to be substantial if an injury leads to a permanent disability.
Liability and Comparative Negligence
The strength of the evidence in your case can influence settlement negotiations. Personal injury cases with clear evidence of negligence may lead to higher settlements, while disputed liability might result in lower offers.
Georgia uses a modified comparative negligence standard. This means a person can only recover compensation if they are less than 50% at fault for an accident. Compensation is reduced based on the victim’s share of the blame. So, if you are 10% at fault for a car accident and your medical bills, lost income, and non-economic damages are worth $100,000, your TBI settlement would be $90,000.
Insurance Coverage
The available insurance coverage of the at-fault party can sometimes limit how much compensation you can recover. A car insurance company won’t pay more than the driver’s insurance policy limits in a settlement. TBI cases often involve significant medical expenses, lost wages, and non-economic damages.
The minimum auto liability insurance required in Georgia covers:
- $25,000 per person and $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Some drivers choose to carry higher insurance coverage. If a claim exceeds the liable driver’s insurance limits, you may pursue additional compensation by filing a personal injury lawsuit against the driver. Alternatively, if you have underinsured motorist coverage, you can file a claim with your own insurance company to help cover the difference.
Proving Fault in TBI Cases
If you suffer a brain injury in a car crash or other accident, proving fault is a critical step in seeking compensation. Proving liability typically means demonstrating that the other party was negligent, which directly led to the accident and injuries. Negligence is when someone fails to exercise reasonable care, such as running a red light, texting while driving, or speeding.
Police reports are crucial in car accident cases. They document the details of the wreck, any traffic violations, and the officer’s observations. Photographs or videos of the accident scene and witness statements are also important evidence.
In a traumatic brain injury claim, medical records link your head injury to the accident. These records provide also detailed information about the diagnosis, severity of your injury, and treatment.
How Our Atlanta Personal Injury Lawyers Can Help
Securing fair compensation for a traumatic brain injury can be a complex and challenging process. Insurance companies often attempt to minimize payouts, and without a knowledgeable personal injury attorney, victims risk accepting settlements that fall short of covering their long-term needs.
An experienced attorney can provide invaluable assistance throughout the legal process. They can help gather and present compelling evidence, including medical records, expert testimonies, and economic impact assessments. An experienced TBI lawyer understands how to negotiate with an insurance company and can advocate effectively for their clients’ interests.
If the insurance company won’t offer a fair settlement, an experienced personal injury attorney can represent you in a brain injury lawsuit.
Contact Our Law Firm For a Free Consultation
Traumatic brain injuries can have profound and lasting effects on victims and their families. While no amount of money can fully compensate for the challenges faced by TBI survivors, fair settlements can provide crucial financial support for medical care, rehabilitation, and lost income.
If someone else’s negligence caused your traumatic brain injury, seeking experienced legal representation is crucial. The Weinstein Firm helps accident victims in Atlanta and across Georgia navigate the complex settlement process. We will fight for the fair compensation you deserve. Call 770-HELP-NOW or contact us online for a free consultation.
