What Is the Average Traumatic Brain Injury Settlement in California?

In the state of California, someone can take legal action after sustaining a traumatic brain injury. Depending on who is at fault, the degree of negligence, and the injury’s long-term impact on the victim, the victim may be eligible for financial damages. It is important to ask, “What is the average traumatic brain injury settlement in California?”

A Traumatic Brain Injury – What Is It?

A traumatic brain injury (TBI) can include any injury to the brain that is caused by an outside force. These injuries can be mild to severe. A forceful blow, jolt, or bump, as well as an object penetrating the brain, can cause a TBI. Some TBIs cause immediate damage to the brain, while others cause damage that can happen over time. Symptoms of TBIs can be physical, behavioral, and sensation-based.

Symptoms of a TBI:

• Headache
• Blurred vision
• Dizziness
• Nausea or vomiting
• Confusion or disorientation
• Sensitivity to light or sound
• Difficulty remembering things
• Seizures or convulsions

What Can Cause a TBI?

There are many different ways for someone to get a TBI. These include:

• Falling
• Blunt force trauma
• Car accidents
• Explosions
• Assault

Depending on how bad the cause is, there may be long-term or permanent damage to the brain, and in some severe cases, death can occur. Long-term care may be needed for someone with a severe TBI, including surgery and rehabilitation.

How a TBI Can Affect Someone Long-Term

TBIs are a major cause of disability and death, according to the CDC. In 2021, there were over 69,000 TBI-related deaths nationwide. In California, there are over 350,000 TBI survivors. Because of the severe nature some TBIs can have, victims can sustain long-term or permanent damage, and their entire life can change from it. If a TBI was caused by someone or something, legal action can be pursued.

How Can You Prove a TBI?

To prove that someone got a traumatic brain injury, negligence must be proven. Negligence is the failure to provide proper care to someone. When it comes to TBIs, someone’s negligent actions or failure to act can cause a serious injury.

To prove that someone has sustained a TBI and has long-term damage because of it, you would need medical evidence and an assessment of how much a victim has lost because of the TBI. Medical evidence can include medical records and testimony from a physician or other medical professional who has treated the victim.

In California, pure comparative negligence is followed. This means an injured person may pursue financial damages even if they share some of the fault. If negligence against both parties is proven, both can recover damages for the injury, so the victim’s damages are reduced.

How Much Can You Earn?

The amount of financial damages you can earn in a TBI settlement depends on many factors. Rewards can be for economic reasons as well as for non-economic reasons. Economic reasons can include compensation for medical bills, long-term care, or lost wages due to not working. Non-economic reasons include pain and suffering and the loss of enjoyment of life.

TBIs account for a large amount of mega claims, according to the NCCI, with 17% of claims amounting to $3 million to $5 million and 30% of cases amounting to over $10 million. On average, at the national level, claims cost about $136,000, with 2.5% of claims costing over $1 million.

The amount you can earn in a settlement depends on the severity of a TBI. Mild to moderate TBI cases can get at least $100,000, with severe cases earning even more than that. In California, the highest amount of damages received due to a TBI was $7 million to a cyclist who sustained a long-term TBI after his bicycle struck a pothole.

FAQs

How Much Compensation Can You Get for a TBI?

Those with mild to moderate TBIs can seek a substantial financial settlement. People with more severe TBIs could seek even more. It all depends on the severity of the damages and the amount of compensation you need for both economic and non-economic losses that you may have incurred due to your TBI.

What Are the Signs of a Good Settlement Offer?

A good settlement offer will consist of an adequate amount of money for anything someone might seek. Damages someone can seek include loss of wages, medical bills, pain and suffering, and loss of enjoyment of life due to the damage caused by a TBI. An experienced lawyer can help you ensure that you seek fair compensation for your injuries.

How Long Do TBI Settlements Take?

It might take longer to settle a TBI case than an average personal injury case. This is because of how brain damage is examined. Because brain damage from TBIs may take longer to appear or disappear, it may be hard to prove the extent of damage in court. Negligence must also be proven to obtain a settlement, which may be difficult to prove.

How Bad Can a TBI Be?

TBIs can range; some may be mild, and some may be severe. Mild TBIs usually do not require much medical care and can heal quickly. Severe TBIs, on the other hand, can cause long-term or even permanent brain damage and may require surgery, rehabilitation, or possibly long-term care to be treated. Severe brain damage may render someone unable to work or enjoy life the way they used to.

Hire a Traumatic Brain Injury Lawyer

Traumatic brain injuries can cause a lot of long-term damage. If you are seeking financial compensation due to a TBI, it is important to take legal action immediately and hire a traumatic brain injury lawyer. At Freeman & Freeman, LLP, we have extensive experience with all sorts of personal injury cases and may be able to help you.

To schedule a consultation with us, please contact us or visit our office in Woodland Hills. Our legal team is ready to help you. We also speak Spanish and Tagalog!