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How Much Compensation Can You Get for a Traumatic Brain Injury?

Posted May 10, 2016 | Personal Injury

In medical language, “trauma” describes a physical blow, such as a victim might sustain in a car accident or a slip and fall accident.  Thus, a traumatic brain injury (TBI) is a brain injury caused by physical impact or a violent jolt.  TBI victims often require extensive long-term care, which can quickly accumulate overwhelming expenses for hospitalization, transportation, medical equipment, and other necessities.  While these costs can be enormous, you may not have to pay them on your own.  Depending on what caused the TBI, the injury victim may be entitled to compensation from the person who was responsible for the accident.  If one of your loved ones recently sustained a TBI at work, in a car accident, or under other circumstances for which he or she was not at fault, you should contact an experienced Philadelphia TBI attorney for help reviewing your family’s legal options.

Disclaimer: The dollar amounts referenced in this article are based on past results and should not be interpreted to suggest or imply that other cases will have comparable outcomes.  Ultimately, the value of your case will be determined by a settlement or fact finder such as a jury.  Because the circumstances surrounding each injury are unique, each case should be evaluated on an individual basis by a personal injury lawyer.

What Losses Can You Be Compensated for After an Accident Causes TBI?

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Even a “mild” TBI can have significant effects on the victim and, by extension, his or her family members and loved ones.  When severe, TBI can render the victim incapable of performing basic mental and physical tasks, taking away their independence, freedom, and enjoyment of life.

Depending on how badly the tissue is damaged, and which part of the brain is injured, the victim might experience physical and mental effects such as shortened memory, difficulty speaking, chronic pain, incontinence, paralysis, difficulty balancing, numbness or tingling, vision problems, hearing problems, loss of smell, and other effects.

These types of complications can make full-time employment impossible, which only amplifies the  financial hardship caused by medical bills and other care costs.  However, the victim and their loved ones aren’t necessarily responsible for shouldering the financial burden.  If the TBI was caused by another person’s careless actions, that person – or, in some cases, business – may instead be liable for the resulting expenses.

In addition to getting compensated for monetary costs and losses like medication, hospital stays, in-home care, and lost income, the TBI victim may also be able to recover damages for physical and emotional hardships, which are called “non-economic damages” or pain and suffering.  Non-economic damages include, where applicable:

  • Loss of consortium (loss of a marriage)
  • Loss of enjoyment of life
  • Mental anguish and emotional trauma
  • Physical pain

PA and NJ Verdicts and Settlements From Traumatic Brain Injuries

The court verdicts and out-of-court settlements listed below are not intended to imply that every case will have the same outcome.  In some instances, the victim will not be able to recover as much as the figures listed below.  In other cases, the TBI victim may be able to recover more than what you see below.  It simply depends on the factors unique to that particular case, which is why it is vital to consult with an experienced attorney if you or one of your loved ones has recently sustained a head injury.

With that information in mind, I’ve assembled some real examples of actual verdicts and settlements resulting from TBI cases around Pennsylvania and New Jersey.  

  • $5 million settlement for a child who developed cerebral palsy due to a head injury caused by medical malpractice. If your baby was injured during childbirth, you should talk to a Philadelphia birth injury attorney about the compensation your son or daughter may be entitled to.  Cerebral palsy, Erb’s palsy, and brachial plexus injuries (BPI) are some common examples of birth injuries in the United States.
  • $4.5 million verdict awarded to a construction worker who sustained head injuries, facial injuries, arm and leg injuries caused by an explosion.
  • $2.75 million settlement for a brain injury caused by a defective product. This field of personal injury law is called product liability, and deals with defective goods ranging from prescription drugs to children’s toys to cars and car parts, such as defective Takata airbags.
  • $2.5 million verdict awarded for a car accident resulting in TBI and assorted injuries.
  • $1.8 million settlement for a truck driver who sustained a mild TBI in a highway accident.
  • $310,000 settlement for a TBI resulting from an automotive accident.
  • $250,000 settlement for a minor TBI caused by a car accident.

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Let an Experienced Philadelphia Personal Injury Lawyer Handle Your Case

If one of your family members suffered a head injury or TBI because of another person’s negligence and carelessness, you should speak with an attorney about getting compensated.  To set up a free and confidential legal consultation, call the Wieand Law Firm, LLC at (877) 654-3887 today.  Philadelphia personal injury lawyer Brent Wieand works on a contingency fee basis, which means you’ll never be charged unless he recovers compensation on your behalf.

***Disclaimer: This article is for informational purposes. It is not legal advice and should not be used as legal advice.***