What Is the Average Settlement for a Brain Injury?

The average brain injury case usually settles for at least $100,000, though many payouts exceed the one million dollar mark. The value of your settlement will depend on your injury’s effects on your life. Your medical bills, lost income, and a number of other factors will all play a role in determining your settlement value.

At Morelli Law, we believe that researching the average brain injury settlement can be helpful, but it won’t yield information specific to your unique situation. Speaking with an experienced attorney can help you understand which damages apply to your case and how much you should receive for each loss.

Economic Damages You Might Receive From a Brain Injury Settlement

An attorney can evaluate how your brain injury has impacted your life and determine which damages you’re owed. Damages for brain injury settlements are often divided into economic and non-economic damages. Economic damages can make up for tangible financial losses that your injury has caused, such as:

Medical Expenses

The average brain injury requires imaging tests, surgery, medications, and rehabilitative therapies. Your lawyer will use your treatment bills and records to secure a settlement that accounts for all the medical expenses you’ve incurred.

Decreased Earning Ability

A severe brain injury can put you out of work for years and may even prevent you from working for the rest of your life. These damages can make up for the lost income and decreased earning ability caused by your condition.

Property Damage

If you sustained a brain injury in a car accident or another type of auto collision, your vehicle may have been damaged or totaled. A lawyer can use copies of your vehicle repair bills to request compensation for property damage.

Non-economic Damages You Can Expect From Your Brain Injury Settlement

Brain injuries don’t just affect the victim’s financial status. In fact, they can have a negative impact on nearly every aspect of one’s life. To compensate for the emotional and psychological consequences of your injury, your attorney will request the following non-economic damages:

Pain and Suffering

It’s common for brain trauma victims to experience searing headaches and chronic pain as they recover from their injuries. No matter what your level of pain is, you shouldn’t have to endure it without receiving compensation. Tell your attorney about the physical suffering you’ve been dealing with, and they’ll add these damages to your claim.

Mental Distress

Research on traumatic brain injuries has found a connection between brain trauma and mental health disorders. A lawyer can request these damages if you’ve been diagnosed with anxiety or a mood disorder after suffering a brain injury. The compensation you receive can help you seek further treatment and cope with the psychological effects of your condition.

Diminished Quality of Life

Many individuals suffering from brain trauma report a significantly lower quality of life. If your condition prevents you from enjoying life and participating in the activities that make you happy, you may be entitled to receive these damages.

A Fatal Brain Injury Settlement Will Include Wrongful Death Damages

If your loved one has passed away due to brain trauma sustained in an accident that was caused by another party, you have the right to file a wrongful death claim. The average settlement for a fatal brain injury varies depending on the specifics of the case, but an attorney can help you appraise all the losses you’ve suffered.

Once your lawyer has estimated the value of your claim, they’ll negotiate a settlement with the at-fault driver’s insurance company. They’ll make a convincing argument as to why you deserve the following wrongful death damages:

• Lost income. If you depended on the decedent’s income to pay your bills and afford the cost of living, these damages can help you support yourself.
• Medical bills. If your loved one left medical bills behind, you might be responsible for paying them. The compensation you receive from a wrongful death claim can cover the cost of treatment your loved one received before they passed.
• Emotional losses. Family members and spouses who survive their deceased loved one may experience a loss of guidance, affection, companionship, and consortium. These damages can help you cope with the tragic loss you’ve experienced.

An Attorney Can Determine if You Qualify for Punitive Damages

If the party that caused your brain injury exhibited an extreme disregard for your life and the lives of others, punitive damages may be added to your claim. Instead of making up for an economic or emotional loss, these damages act to punish the party who caused your injury.

For example, an attorney may request punitive damages if the at-fault party was driving under the influence of drugs or alcohol during the time of your injury or if they assaulted you. Punitive damages can also act as a deterrent, so others think twice before behaving similarly in the future.

Contact an Attorney to Pursue a Settlement for Your Brain Injury

While the average brain injury settlement may not reflect the exact value of your claim, an attorney will ensure you get enough compensation to cover all of your economic and non-economic losses. To learn more about the damages you might receive from a claim, contact an attorney at Morelli Law.

We’ll schedule a free case evaluation so we can learn more about the accident you were injured in and how your brain trauma has affected different aspects of your life. If we think you’re eligible to take legal action against the party responsible for your condition, our attorneys will get started on your case.