(866) 288-9529

24/7 Free & Confidential Consultations


Understanding Traumatic Brain Injury (TBI) Settlements

Understanding Traumatic Brain Injury (TBI) Settlements


Traumatic Brain Injury (TBI) can be a life-altering experience, affecting not only your physical well-being but also your financial stability and emotional health. When faced with the daunting medical bills and lifestyle changes that come with TBI, many wonder: Should I settle or pursue a lawsuit? This article aims to navigate you through the complexities of this decision, exploring factors that influence settlement amounts and emphasizing the necessity of expert advice.

Contact our team at (212) 222-1111 for your free case evaluation.

The High Stakes of TBI Settlements

The Real Cost of TBI

The immediate and long-term costs of TBI are often staggering. Medical expenses can include:

  • Emergency room visits
  • Surgical interventions
  • Ongoing therapies
  • Medication
  • Assistive devices
  • Home modifications

The financial burden often extends to lost wages due to an inability to work, either temporarily or permanently.

Why Settlements are Tempting

Given the financial hardships, settlements can offer a tempting quick fix. They provide immediate funds and put an end to the uncertainty and stress associated with legal battles. For some, this is a preferred route to avoid the emotional drain of a prolonged court case.

The Risks of Rushing

However, the decision to settle should not be made hastily. Rushing into a settlement can lead to grossly underestimating the long-term financial needs, such as ongoing medical care. Once you’ve settled, the decision is usually irreversible, closing the door on any future claims related to the injury.

The Anatomy of a TBI Settlement

Severity Matters

The severity of your TBI will significantly influence your settlement amount. Mild TBIs may result in lower settlements, while more severe cases involving long-term disability could warrant higher amounts.

Long-term Care Costs

Many people underestimate the long-term costs associated with TBI. These can include in-home care, long-term medical treatments, and specialized therapies. Planning for these eventualities is crucial when considering a settlement offer.

Lost Earning Potential

Beyond immediate medical costs and lost wages, TBI can significantly impact your future earning potential. The extent of this impact is often based on your career, age, and the severity of your injuries.

Pain and Suffering

Settlements often include compensation for non-economic damages like pain and suffering. This aspect is highly subjective but essential, as it addresses the emotional and psychological toll of the injury.

Liability and Negligence

The legal aspects, such as who is at fault and the degree of negligence involved, can also significantly influence the settlement amount. A strong case proving the other party’s liability can lead to higher settlements.

The Insurance Company’s Playbook

Their First Offer

Insurance companies are in the business of minimizing costs. Their first offer is often a lowball amount, hoping you’ll accept quickly to close the case.

The Pressure to Settle

Insurance companies may employ various tactics to make you settle quickly, such as imposing deadlines or highlighting the risks and costs of going to court. It’s essential to consult with experts to understand the true value of your claim.

Policy Limits

While negotiating, remember that insurance policies have coverage limits. In some cases, you might need to explore additional policies or seek compensation from multiple parties to cover your costs fully.

Why Expert Advice is Non-Negotiable

The Role of a TBI Lawyer

Having a lawyer who specializes in TBI cases can be invaluable. They can evaluate the strength of your case, help you understand the legal terminology, and negotiate on your behalf to maximize your settlement.

The Cost of Legal Help

Most TBI lawyers operate on a contingency fee basis, meaning they only get paid if you win your case. Typically, they’ll take a percentage of the settlement or court award, ranging from 25% to 40%.

Where to Find a TBI Lawyer

Brain injuries from car accidents can have devastating and life-altering effects. They can lead to physical, cognitive, and emotional challenges that require extensive medical treatment and rehabilitation. If you or a loved one has suffered a brain injury from a car accident, it’s crucial to understand your legal rights and options.

At Frekhtman and Associates, we specialize in representing victims of brain injury. Our team of experienced attorneys understands the complexities of these cases and the significant impact that these injuries can have on victims and their families. We are dedicated to helping our clients navigate the legal process, providing compassionate representation, and fighting for the maximum compensation.

We offer a free initial consultation, during which we can assess your case, answer your questions, and provide guidance on the next steps. We operate on a contingency fee basis, meaning you pay no legal fees unless we win your case. If you have suffered a brain injury from a car accident, don’t hesitate to contact us today. We are here to help.

Contact our team at (212) 222-1111 for your free case evaluation.

Insights into Average TBI Settlements

When dealing with the aftermath of a traumatic brain injury, one common question people ask is about the typical settlement amount for a TBI case. It’s important to remember that each case is unique, and the compensation received can vary significantly. The settlement process is often extended due to necessary investigations by the insurance company and negotiations between your TBI attorney and the insurer.

  • The negotiation process: This process can be lengthy, as it involves detailed discussions about the appropriate compensation amount. If it’s a personal injury lawsuit, the duration of the case depends on the length of the trial, and the settlement is determined by a jury. It’s worth noting that a jury’s decision is final and not open to further negotiation. Only the presiding judge has the authority to modify the awarded amount.
  • Range of settlements: The average settlement for a traumatic brain injury can range from several hundred thousand dollars to millions. Factors such as how the injury has changed your lifestyle and impacted your work can influence the settlement amount.
Impact on Lifestyle Possible Settlement Amount
Significant changes, affects job Over $200,000
Additional physical disabilities Up to $500,000
  • High-value settlements: In some exceptional cases, TBI victims have received compensation as high as $26 million. While there’s no definitive average, severe brain injury claims can result in substantial settlements, often in the six or seven-figure range.
  • Key factors: The severity of the injury, whether it’s a mild or severe brain injury, and its impact on the victim’s life are crucial factors in determining these cases.

Navigating the maze of TBI settlements is no easy feat. With high stakes involving your health, finances, and future, careful consideration and expert advice are non-negotiable. Take the time to understand all facets of your situation, and remember: that the decisions you make today will shape your tomorrow.


Sections Key Points
High Stakes of TBI Settlements TBI involves high immediate and long-term costs. While settlements offer quick relief, rushing into them may underestimate future needs.
Anatomy of a TBI Settlement Settlement amounts depend on the severity of the TBI, long-term care costs, lost earning potential, pain and suffering, and legal aspects like liability and negligence.
Insurance Company’s Playbook Insurance companies often give low initial offers and pressure victims to settle quickly. Policy limits may also constrain the settlement amount.
Expert Advice Hiring a TBI lawyer can help evaluate the case, negotiate effectively, and maximize the settlement. They usually work on a contingency fee basis.
Insights into Average TBI Settlements Settlement amounts vary significantly based on the impact of the injury on the victim’s lifestyle. The average settlement can range from several hundred thousand dollars to millions.

Frequently Asked Questions (FAQs)

What factors influence a TBI settlement amount?

Factors influencing a TBI settlement amount include the severity of the TBI, long-term care costs, lost earning potential, pain and suffering, and legal aspects like liability and negligence.

Why is expert advice necessary for TBI settlements?

Expert advice is crucial for TBI settlements to evaluate the strength of the case, understand legal terms, and negotiate effectively to maximize the settlement.

What tactics do insurance companies use in TBI settlements?

Insurance companies often give low initial offers and pressure victims to settle quickly. They may also highlight policy limits that constrain the settlement amount.

What are the financial implications of TBI settlements?

TBI settlements can have significant financial implications. Rushing into a settlement may underestimate future needs, while legal fees can reduce the net gain from settlements or lawsuits.

Contact our team at (212) 222-1111 for your free case evaluation.