Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
BBB Accredited Business

How Much Is a Brain Injury Case Worth?

A traumatic brain injury can be life-altering, and the financial burden of dealing with one can be overwhelming.

If you have suffered a brain injury in a car crash, slip and fall incident, or workplace accident, you may feel lost and alone. You may not know where to turn for help or what your next steps should be.

At Rosenfeld Injury Lawyers, LLC, our personal injury lawyers understand the challenges you are facing. We are here to guide you through the legal process of seeking fair compensation for your injuries. We will work tirelessly to get you the money you need and deserve.

Contact our Chicago, Illinois, brain injury attorneys today for a free consultation. We will evaluate your case and discuss how much your brain injury case is worth.

It is important to be proactive in pursuing compensation for your brain injury. Our team of experienced personal injury lawyers can help you get the money you need to pay for medical care and support yourself and your family.

traumatic-brain-injury-tbi-legal-compensation

National Brain Injury Statistics

Brain damage is terrible, and it can be highly costly for both the individual and society as a whole. For example, in the United States, brain damage accounts for a third of all accident deaths. Furthermore, brain injuries are the main cause of death for people aged 1 to 44 years old.

Approximately 2.5 million people suffer a brain injury every year, and over 50,000 die from them. The data reveals that brain injuries are one of the main causes of death in the country.

Workers at an increased risk for brain injuries include construction, agricultural, and transportation industries.

The annual cost of brain injuries in the United States is $76.5 billion. The cost involves medical care, rehabilitation, long-term care, special education, lost productivity, and crime.

The economic cost of brain damage is also staggering. The annual cost of medical care and rehabilitation for brain injuries is between $48 and $80 billion.

The cost does not include generated expenses by families and caregivers or the lost earning capacity of some who suffer a brain injury.

traumatic-brain-injury-tbi-legal-compensation

Overview of Traumatic Brain Injury - Causes and Symptoms

Traumatic brain injury (TBI) is defined as a brain wound caused by an external force, including car accidents, falls, or physical assaults. TBI can range in severity from mild to severe and result in various symptoms.

There are many different causes of TBI, and the symptoms can vary depending on the severity of the injury. Mild or moderate TBI may cause temporary confusion, headache, dizziness, or lightheadedness. Severe TBI can result in a coma or even death.

How Brain Injuries Occur

A brain injury is caused by blunt force trauma resulting from a car accident. For example, a vehicle collision or a motorcycle accident might result in severe head trauma.

The head strikes an object inside the car or is thrust forward and then hits the ground, dashboard, or windshield.

A fall from a height may cause a concussion if the person falls on their head. A penetrating injury to the skull, such as a knife wound, can also result in a TBI.

There are many different causes of brain injuries, and they can occur as a result of several other things. However, common causes of brain injuries include:

Falls are the leading cause of brain injuries in children and adults. However, car crashes are the leading cause of brain injuries in young people.

Older adults are at an increased risk of brain injury from assaults.

Symptoms of Brain Injuries

The symptoms of a brain injury can vary depending on the area of the brain that is injured. However, some common symptoms include:

  • Headache
  • Confusion
  • Dizziness
  • Nausea
  • Vomiting
  • Problems with vision or hearing
  • Memory problems
  • Changes in mood or behavior
  • Difficulty speaking or swallowing
  • Seizure

The severity of the injury will answer questions like; how much is a brain injury case worth? Minor brain injuries may cause only temporary confusion or headache. More severe injuries can result in a coma or death.

Treatment for Brain Injuries

The treatment for a brain injury depends on the severity of the injury. For example, some people with mild traumatic brain injury may only require rest and time to recover.

People who suffer more severe brain damage require immediate medical attention, including:

  • Hospitalization
  • Surgery
  • Rehabilitation
  • Lifelong care

Rehabilitation is an important part of treating a brain injury and can help people with a head injury regain as much function as possible. The rehab includes both inpatient and outpatient therapy.

The outlook for someone who has suffered a brain injury depends on the severity of the damage. Most people with mild injuries may fully recover in a mild TBI case. However, more severe injuries can result in permanent disability or death.

Types of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can be caused by several different events, from car accidents to falls. They can range in severity from a mild concussion to a life-threatening injury.

There are three general categories of TBIs: closed head injuries, penetrating head injuries, and skull fractures.

Closed Head Injuries

Closed head injuries are the most common type of mild TBI. They occur when the skull is not penetrated, but a sudden impact or force still injures the brain.

The injury can happen, for example, when the head is hit by a ball or slammed against a dashboard in a car accident.

Closed head injuries can cause a range of injuries, from a mild concussion to more serious injuries such as diffuse axonal injury (DAI) and traumatic brain swelling. Closed head injuries can also lead to long-term problems, such as:

  • Permanent disability
  • Chronic pain
  • Cognitive impairment

The severity of a closed head injury often depends on the force of the impact and the location of the damage. In general, the more severe the wound, the higher the settlement or verdict will be.

Penetrating Head Injuries

Penetrating head injuries are caused by a sharp object that pierces the skull and enters the brain. The injury can happen, for example, when someone is shot in the head.

Penetrating head injuries are often more serious than closed head injuries because they can cause extensive damage to the brain. They are also more likely to result in death.

The severity of a penetrating head injury often depends on the size and location of the object that caused the damage.

Skull Fractures

Skull fractures are caused by a direct blow to the head, which can break the bones of the skull. They can be open or closed fractures, depending on whether the bone breaks the skin.

Skull fractures can cause a wide range of injuries, from a mild concussion to bleeding and damage to the brain. In addition, they can cause severe head trauma and are more likely to result in death.

Regardless of the type of TBI, the damages that may be recoverable in a traumatic brain injury case (TBI case) include

  • Medical expenses
  • Lost wages
  • Pain and suffering

The potential value of your claim will vary depending on the severity of the damage and the unique circumstances of each case.

The Cost of a Brain Injury

Brain injuries can be very costly, both in terms of the cost of treatment and the impact on quality of life. The cost of treating a brain injury can range from tens of thousands of dollars to millions of dollars.

In addition to the cost of treatment, people who suffer from brain injuries often face significant costs related to their care. For example, they may need to hire a home health aide, or they may need to move into a nursing home.

They may also need assistive devices such as a wheelchair or a walker.

Life-Altering Injury

The impact of a brain injury on quality of life can be significant. For example, people who suffer from brain injuries have difficulty returning to work, needing extensive rehabilitation.

They may also suffer from cognitive impairments that affect their ability to think, remember, and communicate. All these factors can significantly impact the life of a person who suffers from a brain injury.

The cost of a brain injury can be very high, both in terms of money and quality of life.

Brain Injury Severity & Average Settlement Amounts

Brain injuries can be classified as mild or severe. The severity of a brain injury is determined by the Glasgow Coma Scale (GCS), which measures the level of consciousness and response to stimuli. A GCS score of 14 or higher indicates a mild brain injury, while a score of 9 or lower indicates a severe TBI.

Mild Traumatic Brain Injury (MBTI)

Mild traumatic brain injury is typically caused by a bump or jolt to the head can result in temporary confusion, headaches, and dizziness. Most mild brain injuries heal within a few weeks or months.

Severe Traumatic Brain Injury (SBTI)

Severe brain injuries are often the result of a more serious head injury, such as a skull fracture or concussion. Symptoms can include:

  • Persistent headaches
  • Seizures
  • Memory loss
  • Paralysis

The Average Settlement Value for a Traumatic Brain Injury Case

The average settlement value for brain injury cases varies depending on the severity of the injury. However, most settlements for brain injuries fall within the range of $100,000 to $1,000,000.

A brain injury can lead to permanent disability and significant financial settlement in some cases. For example, the family of a brain-damaged woman was awarded $8.5 million in a medical malpractice case.

According to The Chicago-based Center for Neuro Skills, the lifetime cost of caring for a person with a severe brain injury can exceed $3 million. Most brain injury settlements include a provision for future medical expenses.

It is important to seek legal counsel from a lawyer experienced to determine how much is a brain injury case worth. They will be able to evaluate the severity of your injury and help you seek the financial compensation you deserve.

Factors That Affect Brain Injury Claim Value

Compensation for brain injuries is highly varied. The amount of money awarded in brain injury cases often depends on the following factors:

  • The severity of the injury
  • The type of injury (traumatic or non-traumatic)
  • Whether the injury was caused by an accident or medical malpractice
  • How the injury has affected the victim's life
  • The significant amount of insurance coverage available
  • The defendant's liability (or lack thereof)

Other Factors That Affect Concussion or Traumatic Brain Settlement Amounts

In addition to the factors listed above, other factors that can affect the amount of money the jury award in some brain injury claims include:

  • The victim's age and health: Younger and healthier people are typically awarded more money in a personal injury case than older or have health problems.
  • The medical costs incurred: The more medical expenses the victim has, the more likely they are to be awarded a larger settlement.
  • Lost wages or reduced earning capacity: Victims who have lost income or cannot work due to their injury are more likely to be awarded a larger settlement.
  • The insurance company's willingness to negotiate: Some insurance companies are more willing to negotiate a fair settlement than others.
  • The cost of litigation: Litigating a brain injury claim can be expensive, which often affects the final settlement amount.
  • Type of employment: Brain injuries that occur while the victim performs their job can often result in significant damage.
  • Economic damages include medical bills, rehabilitation costs, and lost earnings.
  • Non-economic damages include damages for pain and suffering, emotional distress, and loss of consortium.
  • Punitive damages: If the defendant was grossly negligent or caused the injury on purpose, the victim may be awarded punitive damages designed to punish the defendant and discourage similar behavior in the future.

Brain injury claims can be highly complex. Therefore, if you or a loved one has recently sustained a brain injury, speaking with an experienced personal injury lawyer is essential to determine what your case is worth.

In addition, a qualified attorney can help you negotiate a fair settlement with the insurance company.

Sample Illinois Brain Injury Settlements & Verdicts We Have Achieved

$20 Million Settlement (Lake County)

Our client, a 41-year-old woman, was struck in the head with a dumbbell by her husband, causing a severe TBI. Our law firm successfully negotiated a $20 million settlement with the insurance company.

$10 Million Settlement (Cook County)

A 58-year-old man was involved in a car crash that caused a traumatic brain injury. The man's wife retained our firm to represent her and negotiate a settlement. As a result, our law firm successfully reached a $10 million settlement with the at-fault party.

$2.5 Million Settlement ( Chicago, Illinois)

A male victim, age 23, suffered a traumatic brain injury due to medical malpractice. The defendant was a hospital that failed to monitor the victim's condition properly. Our law firm successfully negotiated a $2.5 million settlement on behalf of the victim.

$1.5 Million Settlement (Will County)

A 52-year-old man was injured when the motorcycle he was driving collided with a car. He suffered a brain injury and required extensive medical care and rehabilitation.

Our law firm filed a personal injury lawsuit against the vehicle driver. The parties reached a $1.5 million settlement shortly before trial.

$50 Million Verdict (Cook County)

A male victim, age 24, suffered a traumatic brain injury due to an automobile accident. The defendant was negligent in causing the accident. If you or a loved one has suffered a brain injury, it is important to seek legal counsel from an experienced attorney.

They will be able to evaluate the severity of your injury and help you seek the financial compensation you deserve.

Brain Injuries and Wrongful Death

Head injuries are some of the most severe and dangerous injuries a person can suffer. They can lead to a wide range of serious problems, including death.

In addition, if you have lost a loved one due to a brain injury, you may be able to file a wrongful death lawsuit against the person or entity responsible for the damage.

A wrongful death lawsuit is a civil action filed by the family or estate of a victim harmed by someone else’s negligence or wrongdoing. The purpose of a wrongful death lawsuit is to seek financial and brain injury compensation for the losses that the family has suffered, including:

  • Funeral expenses
  • Medical costs
  • Lost earnings
  • Pain and suffering

How Rosenfeld Injury Lawyers Can Help You After a Traumatic Brain Injury

Have you suffered a brain injury? If so, it is essential to seek legal representation from an experienced personal injury lawyer to discuss the potential value of your claim.

Rosenfeld Injury Lawyers can help you understand your legal options and guide you through the process of filing a lawsuit. We have decades of experience fighting for the rights of injured victims, and we are committed to getting you the financial and brain injury compensation you deserve.

For a no-obligation, free consultation, call us at (888) 424-5757 or fill out our online contact form. We will get back to you promptly to answer any of your questions.

Resources:

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa