There are many reasons why anyone may suffer a mild traumatic brain injury. These serious head injuries can be caused by car wrecks, assaults, slip and falls, and other sudden accidents. Severe traumatic brain injuries are responsible for permanent damage to the brain or even death and may be associated with impressive settlement amounts. However, less severe injuries to the brain can also seriously impact the lives of those who suffer them, affecting not only their quality of life but that of the entire family who must now be concerned with providing care to someone who just days ago could fend for themselves without any help. If you or a loved one have suffered a mild traumatic brain injury, you need to work with an experienced attorney who can help you build a strong case and fight to get you the settlement you deserve, according to the legal team at Roberts | Jeandron Law.
What is a mild traumatic brain injury?
Calling any injury mild opens up plenty of possibilities when it comes to finding a single definition. This is because people have different pain thresholds; the reality is that any injury to the brain is something scary that can bring unimaginable consequences to the life of whoever suffers from one. This means that, as is easy to imagine, accidents and their corresponding injuries affect everyone differently.
In this case, the ‘Eggshell Skull Rule’ applies. This legal doctrine holds that compensation for an injury to the brain cannot be reduced or denied because the person who suffered the injury had a preexisting condition, such as being elderly and having brittle bones, which makes them more susceptible to a brain injury or any other. This means that the person who causes the mild traumatic brain injury will still be liable for all the victim’s damages.
How is evidence collected for mild traumatic brain injury claims?
Since symptoms related to mild TBIs are more individualized and less clear-cut than those that appear after severe trauma to the brain, settlements in these cases tend to be lower than expected. That is why it is so important to work with a lawyer with experience in TBIs so that you can present every type of evidence available to maximize the possibility of getting a fair settlement. Evidence should include:
Medical bills and treatment
Keeping a detailed log of all your medical expenses since the injury will help show that you have incurred medical costs. They may also show that you have a need for future medical care with its accompanying expenses. Both present and future medical expenses will increase the value of your case.
Documentation showing financial losses
An injury to the brain will directly impact your ability to go to work now and in the future. Having documents that prove how much income you have lost and will continue to lose while dealing with your injuries will also strengthen your settlement amount, as will letters from your boss and coworkers testifying as to how your injuries have kept you from returning to work or made you unable to perform the duties you did before the accident.
Your personal statement
Adding a personal statement to your file may help establish the value of non-economic damages like pain and suffering, emotional distress, or loss of enjoyment of life. It is here where you can describe how these supposedly minor symptoms have played such an important role in diminishing the quality of your life.
Average settlements for mild traumatic brain injuries
Assuming you and your lawyer have presented all available evidence, these are some averages when it comes to settlements for these injuries.
- Closed-head injuries like concussions or contusions can result in higher settlements since they can be measured more objectively, and they may settle for $40,000 to $60,000.
- Chronic headaches can be more subjective and, therefore, more difficult to value. However, if they are well supported, they may settle for around $25,000.
If you feel that your case is worth more than these amounts, you must work with an experienced TBI attorney to help you fight for your rights.
Alicia Saville did her degree in psychology at the University of Hertfordshire. She is interested in psychology, mental health, and wellness.