Traumatic Brain Injury Verdicts and Settlements in New York: An Analysis
Traumatic brain injury (TBI) cases can result in significant verdicts and settlements for plaintiffs. However, securing adequate compensation often requires years of litigation. This article analyzes recent TBI verdicts and settlements in New York to glean insights into case values, key factors that impact outcomes, and trends across different venues.
Key Takeaways
- TBI cases typically take 4-8 years to resolve via verdict or settlement after the incident occurs. Quicker resolutions are rare.
- Conservative venues like Suffolk and Westchester Counties tend to yield lower verdicts and settlements compared to NYC boroughs.
- Causation disputes and contributory negligence on the plaintiff’s part can limit case value.
- Policy limits often cap settlement amounts below reasonable value.
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Factors That Impact TBI Verdicts and Settlements
Several aspects influence TBI verdicts and settlements in New York, including:
Venue
Verdicts and settlement amounts widely vary based on the venue. NYC boroughs like Queens and Brooklyn tend to yield higher payouts compared to suburban counties like Nassau, Suffolk, and Westchester which lean conservative.
Liability Disputes
Disputes over liability (i.e. who’s at fault) can lead juries to issue defense verdicts, awarding plaintiffs $0. Even if liability is established, disputes over the extent of injuries caused by an incident reduce compensatory damages.
Policy Limits
Insurers often cap settlements at policy limits. This prevents adequate compensation aligned with the severity of injuries and losses.
Contributory Negligence
When a plaintiff is partially at fault, any verdict gets reduced by their negligence percentage. For example, a $1 million verdict with 20% contributory negligence nets $800,000.
Notable Recent TBI Case Outcomes
Examining specific cases illuminates how the factors above impact outcomes:
Suffolk County Ladder Fall – $1.65 Million Verdict
- Venue: Suffolk County, Long Island
- Incident: Plaintiff fell 14 feet from a ladder at construction site
- Injuries: Traumatic brain injury, subdural hematoma, fractures
- Key Factor: Conservative venue resulted in modest damages.
Westchester County Birth Malpractice – Defense Verdict
- Venue: Westchester County
- Incident: Alleged improper use of vacuum extraction during child delivery
- Injuries: Infant had seizures and cognitive deficits
- Key Factor: Dispute over causation of infant’s conditions resulted in defense verdict.
Nassau County Pedestrian Knockdown – $1.6 Million Settlement
- Venue: Nassau County, Long Island
- Incident: Plaintiff pedestrian struck by police vehicle
- Injuries: Traumatic brain injury, knee and back injuries
- Key Factor: Liability dispute but plaintiff prevailed. Settlement reached before judgment.
Queens Missed Placental Abruption – $35 Million Verdict
- Venue: Queens County, NYC
- Incident: Failure to diagnose placental abruption resulted in infant brain damage
- Key Factor: NYC borough led to much higher payout for severe injuries.
Key Trends and Insights
Several noticeable trends emerge from looking at recent TBI verdicts and settlements in New York:
- NYC boroughs produce much higher payouts, often 8-figures for severe injuries. Suburban counties lean conservative.
- Disputes over liability and causation often result in defense verdicts.
-Policy limits prevent plaintiffs from adequate compensation. - Most cases take 4-8+ years to resolve from the incident date. Quick resolutions are rare.
Understanding these trends allows plaintiffs to set reasonable expectations when seeking damages for a TBI caused by someone else’s negligence. An experienced personal injury attorney can provide deeper insights into case valuation based on venue, liability disputes, insurance coverage, and other factors.
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Frequently Asked Questions
What is the average TBI settlement in New York?
The average TBI settlement in New York ranges widely based on the severity of injury, disputes over liability and causation, policy limits, and other factors. Many cases fall in the low 6-figures, but 7 and even 8-figure verdicts and settlements occur for severe injuries with clear liability.
How much is a concussion worth from a car accident?
Concussions from car accidents typically result in 5-figure settlements, with the average ranging between $50,000 to $100,000. Severe concussions with long-lasting post-concussion syndrome can yield 6-figure payouts exceeding $500,000 when liability is clear.
How much should I ask for pain and suffering for a head injury?
There is no fixed formula for calculating pain and suffering damages for a head injury. The amount depends on factors like severity and permanency of impairment, need for surgeries and future medical care, out-of-pocket medical costs, lost wages, and impact on quality of life. Recent TBI verdicts provide reference points for reasonable pain and suffering ranges in different venues.
Can you settle a brain injury case quickly?
It is very difficult to settle traumatic brain injury cases quickly. Complex legal and medical issues surrounding causation and proving the extent of injuries often delay resolutions for years. However, experienced personal injury lawyers can sometimes secure policy limit settlements faster when liability is clear.
What are the 5 things that make a good TBI case?
The key elements of a strong traumatic brain injury case are:
- Clear liability and negligence by the at-fault party.
- Well-documented injuries and supportive expert opinions proving causation.
- Significant hard costs like medical bills and lost income.
- Severe physical, neurological, and cognitive impairment.
- Capability to prove permanency of conditions through medical evidence.
When these 5 components are established, TBI victims stand a good chance of securing just compensation for their life-altering injuries. An experienced attorney makes all the difference in developing an airtight case.
Conclusion – Complex Cases Require Expert Guidance
As the analysis above shows, TBI cases vary widely in their outcomes based on venue, strength of evidence, disputes by opposing parties, and other aspects. There are certainly no guarantees when seeking fair compensation for debilitating injuries. However, understanding what impacts potential verdicts or settlements helps set reasonable expectations. More importantly, enlisting an expert personal injury attorney levels the playing field against even the most notorious insurance carriers. With compassionate yet aggressive legal representation, traumatic brain injury victims can feel empowered to rebuild their lives post-accident.
Contact our team at (212) 222-1111 for your free case evaluation.