Average Traumatic Brain Injury Settlement in California [2024 Updated]

Traumatic brain juries (TBIs) can have some of the most intense life-altering implications for victims in California. These injuries don’t just impact a victim’s health but also their ability to go to work or enjoy their daily personal lives. Understanding what compensation exists for brain injury claims can help those affected. Knowing the average traumatic brain injury settlement in California can set expectations and help a victim receive a fair compensation package.

Key Factors that Influence Traumatic Brain Injury Settlements in California

There are a variety of factors that all contribute to each victim’s unique settlement award at the end of their traumatic brain injury case. These considerations can help a victim estimate how much they may receive in their own TBI case.

Severity of the Traumatic Brain Injury

The unique extent and impact of your traumatic brain injury will be heavily weighed into how much your final settlement is. This is because the impact of TBIs ranges widely. Some people only experience mild concussions, which can be recovered from quickly.

Others, unfortunately, have severe brain damage that could keep them in long-term care or become permanently disabled. The more a TBI injury has impacted an individual’s cognitive function, motor skills, and emotional well-being, the higher one can expect the final settlement to be.

Medical Expenses

How much someone is charged for their traumatic brain injury medical treatments will also be looked into when an insurance company or judge is working to determine an appropriate settlement. This includes the cost of any emergency care or surgeries needed, in addition to ongoing costs like rehabilitation programs and physical therapy.

Having a comprehensive and detailed overview of your medical history related to the TBI is required to prove these expenses exist and are relevant to the legal matter being discussed. Because these brain injuries have a strong potential to need lifelong medical care, settlements in these cases can be on the very high end.

Loss of Income

If a TBI injury prevents a victim from being able to work, this should be communicated for settlement consideration. This is true if the victim is removed from work temporarily and permanently. In either scenario, work with your attorney to calculate how much income has been lost in your recovery period. If long-term care is needed, consider what impact this experience is having on your ability to earn an income in the future.

For assistance in properly documenting the loss of income impact, records from both employers and financial professionals can help to quantify these losses. This can help ensure your settlement is adequately compensating for the economic impact this event has had on your life.

Pain and Suffering

In addition to physical injuries, TBIs can also have a profound impact on a victim’s mental health. These are classified as “non-economic damages” and include items like pain and suffering, emotional distress, and an individual’s loss of enjoyment of life. The more someone’s pain and suffering has impacted their daily routine or relationships with others, the higher the settlement could be.

To help illustrate the impact a TBI has had on an individual’s pain and suffering, you will need to work with an attorney to legally collect compelling evidence. This can include testimonials, a psychological evaluation, and any other statements from a mental health professional. Because TBIs can significantly alter the realities of your life, these examples of pain and suffering can significantly increase your settlement.

While these are not the only factors that can influence a TBI settlement, they are some of the main areas a personal injury attorney will look into for their client. To ensure that you are collecting enough evidence to maximize the total amount of your compensation award, hire an attorney who has a history of winning cases in this space.

FAQs

Q: Is a TBI a Permanent Disability?

A: A traumatic brain injury can be considered a permanent disability depending on how severe the injury and its symptoms have become. Fortunately, some patients only experience a mild TBI. This comes with temporary symptoms that an individual can fully recover from with minimal treatment. On the other hand, TBIs can also create lifelong damage. For example, a victim might receive an extremely high settlement to accommodate for a lifelong loss of income.

Q: How Long Do You Have to File a TBI Claim in California?

A: The time frame you have to file a TBI claim in California is two years from the date of the TBI. This means that anyone who fails to meet this deadline will forfeit their ability to be compensated for the damages they did not cause to themself. The only exception to this rule is if the individual didn’t discover they suffered a TBI until a certain period of time after the accident happened. Connect with an attorney to ensure you don’t miss any of these deadlines.

Q: Can You Work After Sustaining a TBI?

A: Going back to work after being diagnosed with a TBI depends on the circumstances of each patient. Some people with a minor TBI case will have a limited impact on their cognitive and physical functions, which can help them get back to work faster. Unfortunately, severe TBI cases could cause damage that limits the ability to work. Sometimes, a TBI patient will need to switch roles at work to perform something more realistic with their injuries.

Q: How Does California Law Protect TBI Victims?

A: There are a number of different laws in California that help protect victims of TBIs through personal injury law. Under this, victims have grounds to seek funds from a guilty party to help pay for their medical care and lost wages, among other quantifiable damages. The state’s workers’ compensation laws are also designed to ensure that any employee who suffers an injury, like a TBI, when working is able to be funded during their recovery period.

Q: What Role Does a Professional Witness Play in TBI Cases?

A: A professional witness can tap into their own niche areas of study to provide a professional opinion on the extent of a TBI injury and its impact on the victim’s life. Medical professionals like neurologists and neuropsychologists are commonly called on in TBI cases to evaluate a victim and provide a professional opinion on their treatment and long-term effects. Insight from these witnesses can strengthen a TBI case to support a victim’s claims.

Contact Heimanson & Wolf, LLP Today

A traumatic brain injury claim in California requires the assistance of a skilled TBI lawyer. Our attorneys at Heimanson & Wolf, LLP are experienced with TBI claims and the legal help necessary to successfully help you move forward with your life. Contact us today to begin.