How are TBI Settlements Calculated?

May 10, 2024 | Steve Crandall
How are TBI Settlements Calculated?

Traumatic brain injuries (TBIs) usually occur when an individual experiences blunt force trauma to their head or strikes their head on a hard surface with significant force. These injuries are common in various accidents, including motor vehicle collisions and property-related accidents.

Victims of TBIs frequently experience severe headaches, short or long-term memory losses, and sometimes, permanent complications.

If you or a person you love suffered a concussion injury due to someone else’s negligence, you may be entitled to recover compensation. A knowledgeable TBI attorney in Lexington can review your accident circumstances, gather supporting documentation, and file a claim with the at-fault party’s insurance company. Your lawyer can then represent you during settlement negotiations and, if necessary, in court.


Common Occurrences that May Lead to a TBI

How are TBI Settlements Calculated

TBIs can occur in various accidents and occurrences due to someone else’s negligence, including the following:

  • Motor Vehicle AccidentsCar accidents, motorcycle crashes, and pedestrian collisions are the leading causes of TBIs. The strong force of a collision can cause the accident victim’s head to strike against hard surfaces or objects, resulting in brain trauma. Negligent behaviors such as speeding, reckless driving, distracted driving, and driving under the influence significantly increase the risk of TBI-related accidents on the road.
  • Slip and Fall Accidents – Slip and fall accidents occur when individuals lose their footing on slippery or uneven surfaces and fall to the ground. These accidents commonly happen in public places like supermarkets, restaurants, and sidewalks, where hazardous conditions like wet floors, icy pathways, or debris pose a risk. Property owners have a duty to maintain safe premises and address dangerous conditions to prevent slip and fall accidents.
  • Construction Site AccidentsConstruction sites are inherently hazardous environments where workers and bystanders are at risk of sustaining serious injuries, including TBIs. Falls from heights, being struck by falling objects, and accidents involving heavy machinery can all lead to head trauma if proper safety precautions are not followed. Negligence on the part of construction companies, contractors, or equipment operators may contribute to these accidents.
  • Sports and Recreational Activities – Participation in sports and recreational activities such as football, soccer, skiing, and cycling can result in TBIs – particularly when collisions occur or individuals experience falls or blows to the head. Inadequate supervision and unsafe playing conditions can increase the likelihood of TBI-related injuries in sports settings.
  • Physical Assaults – Intentional acts of violence, including physical assaults and altercations, can also cause TBIs if individuals sustain blows or strikes to the head. These incidents often occur in public places, schools, or domestic settings and may result from conflicts, disagreements, or criminal behavior.

If you or someone you love suffered an accidental TBI, an experienced brain injury attorney can explore your legal options and take the appropriate steps on your behalf to pursue compensation.

Obtaining Medical Treatment after a TBI

After suffering a TBI due to someone else’s negligence, seeking prompt and appropriate medical treatment is essential for the victim’s recovery and long-term well-being. Here are some types of necessary medical treatment commonly prescribed for TBIs:

  • Emergency Care – Immediately following a TBI, emergency medical treatment is crucial to stabilize the victim’s condition and prevent further injury. This may include airway management, oxygen therapy, and intravenous fluids to ensure adequate circulation and oxygenation to the brain.
  • Diagnostic Imaging – Diagnostic tests, such as CT scans and MRI scans, are often performed to assess the extent of brain damage and identify any structural abnormalities, bleeding, or swelling within the brain. These imaging studies help guide treatment decisions and monitor the injury’s progression.
  • Neurosurgical Intervention – In cases of severe TBIs or intracranial hemorrhage, neurosurgical intervention may be necessary to relieve pressure on the brain, repair damaged blood vessels, or remove blood clots or hematomas. Neurosurgery aims to prevent further damage to brain tissue and improve outcomes for the injured accident victim. 
  • Medication Management – Medications may also be prescribed to manage symptoms and complications associated with TBIs. This may include pain relievers to alleviate headaches and discomfort, anti-seizure medications to prevent seizures, and medications to reduce inflammation and swelling in the brain.
  • Rehabilitation Therapy – Rehabilitation therapy is a critical component of TBI treatment, focusing on restoring lost skills, improving cognitive function, and enhancing physical and emotional well-being. This may involve physical therapy to improve mobility and coordination, occupational therapy to regain independence in daily activities, speech therapy to address communication difficulties, and cognitive therapy to enhance memory, attention, and problem-solving abilities.
  • Psychological Support – Coping with the physical, emotional, and cognitive effects of a TBI can be challenging for both the victim and their family members. Psychological support, including counseling, therapy, and support groups, can help individuals navigate the emotional impact of the injury, address psychological symptoms such as anxiety and depression, and develop coping strategies for adjusting to life with a TBI.
  • Long-Term Monitoring and Follow-Up Care – Individuals who have sustained TBIs require ongoing monitoring and follow-up care to assess progress, manage symptoms, and address any complications that may arise. Long-term medical management aims to optimize recovery and minimize the risk of secondary complications associated with TBIs.

If you suffered a TBI in an accident due to negligence, you should make medical treatment your top priority. In the meantime, an experienced TBI attorney can handle the legal aspects of your case and begin the claims filing process for you.

Factors that May Affect the Types and Amounts of Compensation You Receive for a TBI

Factors that May Affect the Types and Amounts of Compensation You Receive for a TBI

Recovering compensation for a traumatic brain injury can be complex, as various factors influence the types and amounts of compensation available to the accident victim. Here are some key factors to consider:

  • The Severity of the Injury – The severity of the TBI significantly affects the types and amounts of compensation the accident victim may recover. Milder TBIs, such as concussions, may result in less compensation compared to severe TBIs, which can cause long-term disabilities and cognitive impairments.
  • Medical Expenses – Victims of TBIs often incur substantial medical expenses, including hospitalization, surgeries, medications, rehabilitation, and ongoing care. The cost of this medical treatment plays a significant role in determining the amount of compensation available in a TBI case.
  • Lost Income and Earning Capacity – TBIs can also prevent victims from working temporarily or permanently, resulting in lost income and diminished earning capacity. Compensation for lost income and future earning potential may be available to lessen financial hardships that the injury causes.
  • Pain and Suffering – Victims of TBIs may experience physical pain, emotional distress, and mental anguish as a result of their injuries. Compensation for pain and suffering aims to address the non-economic effects of the TBI on the victim’s quality of life and well-being.
  • Disability and Impairment – TBIs can also cause disabilities and impairments that affect the victim’s ability to perform daily activities, work, and enjoy life to the fullest. Compensation for disability and impairment seeks to provide financial support for the challenges and limitations that the TBI imposes.
  • Rehabilitation and Therapy Costs – Victims of TBIs often require extensive rehabilitation and therapy to regain lost skills, improve cognitive function, and adjust to life with a brain injury. Compensation for rehabilitation and therapy covers the costs associated with these essential services.
  • Future Medical Expenses – TBIs may necessitate ongoing medical treatment, medication, therapy, and assistive devices to manage symptoms and prevent complications. Compensation for future medical expenses ensures that the victim has access to necessary care and support in the years to come.
  • Long-Term Care Needs – Severe TBIs may require long-term care, including assistance with daily activities, supervision, and specialized medical care. Compensation for long-term care addresses the costs associated with providing for the victim’s ongoing needs and maintaining their overall quality of life.

By considering these factors and working with experienced legal counsel, TBI victims can pursue maximum compensation to address the immediate and long-term needs resulting from their injury.

How to Prove the Elements of a TBI Case

In a TBI case, victims must demonstrate several legal elements to establish liability and recover compensation for their injuries, including all of the following:

  • Duty of Care – The first element involves demonstrating that the at-fault party (or defendant) owed a legal duty of care to the victim. This means that the defendant had a legal obligation to act reasonably and avoid causing harm to others. Proving duty of care typically involves showing that the defendant had a responsibility to exercise reasonable care under the circumstances, such as obeying traffic laws or maintaining safe premises.
  • Breach of Duty – The next step is to establish that the defendant breached the duty of care owed to the victim. This requires demonstrating that the defendant’s actions or omissions fell below the standard of care expected of a reasonable person in similar circumstances. Evidence such as witness testimony, surveillance footage, and expert opinions may be used to establish a breach of duty.
  • Causation – Causation refers to the link between the defendant’s breach of duty and the victim’s TBI. The victim must establish that the defendant’s negligent conduct directly caused or contributed to the victim’s injuries. Proving causation often involves medical evidence, such as diagnostic imaging, expert testimony, and documentation of the victim’s medical treatment and prognosis.
  • Damages – The final element involves proving that the victim suffered compensable damages as a result of the TBI. This includes economic damages, such as medical expenses, lost income, and rehabilitation costs, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. Medical records, billing statements, employment records, and testimony from the victim and their loved ones may be used to establish damages.

To prove these legal elements in a TBI case, it’s important to gather and present relevant evidence in a clear and persuasive manner. This may involve conducting a thorough investigation, obtaining witness statements, gathering medical records and documentation, consulting with expert witnesses, and preparing compelling legal arguments.

Additionally, working with an experienced TBI attorney who understands the complexities of these cases can be invaluable. A knowledgeable attorney can assess the strength of the case, identify key legal issues, and advocate effectively on behalf of the victim to seek maximum compensation for their injuries and losses. By building a strong case and presenting convincing evidence, TBI victims significantly increase their chances of obtaining a favorable outcome in their legal claim.

Settling or Litigating a TBI Case – What Should You Do?

Deciding whether to settle or litigate a TBI case is a significant decision that requires careful consideration of various factors:


  • Pros – Settling a TBI case outside of court can offer a quicker resolution and avoid the uncertainty and costs associated with litigation. It provides the victim with a guaranteed outcome and immediate compensation to cover medical expenses and other damages.
  • Cons – Settlements can also result in lower compensation when compared with litigation, as insurance companies may offer significantly less than the claim’s full value. Once a settlement is reached, the victim forfeits the right to pursue further legal action against the at-fault party.


  • ProsLitigating a TBI case through the court system allows the victim to present evidence, testimony, and arguments before a judge and jury. It also provides the opportunity to seek maximum compensation for damages, including medical expenses, lost income, pain and suffering, and future care needs. Litigation also holds the negligent party fully accountable for their actions.
  • Cons – Litigation can be time-consuming, costly, and emotionally draining for the TBI victim and their family. There’s no guarantee of success, and the outcome of the case ultimately rests in the hands of a judge or jury. Additionally, the process may prolong the resolution of the case, delaying compensation for the victim’s immediate needs.

Ultimately, the decision to settle or litigate a TBI case depends upon the case circumstances and is ultimately up to the injured accident victim. A skilled TBI lawyer can help you make an intelligent and informed decision about settlement versus litigation, given your case circumstances.

Contact an Experienced TBI Lawyer Today

If you or a person you love recently suffered a TBI in an occurrence due to someone else’s negligence, time is of the essence. A knowledgeable personal injury lawyer in your area can explore your legal options, protect your rights, and pursue the compensation and justice you deserve for your injury.

Steve Crandall Author Image

Steve Crandall


With licenses to practice law in Kentucky, Ohio, and various Federal Courts, Steve Crandall has been a top trial lawyer for nearly 30 years. Steve’s goals are to first investigate your case to get you answers and then focus on holding those responsible for the mistakes that changed your life. Steve’s clients can attest to the fact that Steve is responsive, keeps them constantly updated and aggressively pursues their case. Steve also remains their lawyer for life.

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