Mild Traumatic Brain Injury Settlements in California
In California, the average mild traumatic brain injury settlements are between $700,000 to $1.2 million, though actual settlements vary significantly depending on the specific case.
Despite this estimated average, we achieved the following settlement:
- $2,800,000 Settlement: A Sacramento resident received a $2,800,000 settlement for a traumatic brain injury, with the settlement covering medical expenses and lost wages.
Need Legal Advice for Mild Brain Injury Settlements?
If you’ve suffered an mTBI due to an accident, securing compensation requires meeting specific legal and procedural criteria. First, we must provide documented proof of the injury resulting from the accident, typically through medical records.
Additionally, under the guidance of a traumatic brain injury lawyer from our firm, you can better understand your rights. The California personal injury statute of limitations states that your claim must be filed within two years from the date of the accident.
Failing to do so may result in forfeiting your right to compensation for head injuries.
Reach out to a California brain injury lawyer from our firm to see how we can assist you or your loved one
How to Maximize the Average Settlement for a Mild Traumatic Brain Injury
Achieving a fair settlement for your mild traumatic brain injury requires taking strategic steps to strengthen your claim. Here are the recommended actions to help you secure maximum compensation:
- Collect and Preserve Evidence: Accident evidence must be preserved. Medical records, witness statements, and police reports show how your injuries affect you now and in the future. All important papers must be obtained quickly because they will form the basis of your case.
- Document Your Medical Journey: Tracking your medical appointments, treatment progress, and therapy or rehabilitation is crucial to your recovery. Medical records showing how severe your injury is and how it has affected your life can support your claim. Consult a brain injury lawyer before going to court.
- Consult with an Experienced Brain Injury Attorney: Working with our reputable law firm and experienced mTBI lawyers can positively affect your case. We will explain the legal system, negotiate with insurance companies, and defend your rights. If you have a concussion or other head injury, consider your options immediately.
- Avoid Quick Settlement Offers: Insurance companies settle claims early to reduce costs. A quick settlement may be tempting, but it’s usually worth much less than your case. Talking to the lawyer we assign to your case about all settlement offers will help you avoid underselling your worth.
Factors Influencing the Settlement Amount
The average California mild traumatic brain injury settlement depends on many factors:
Severity of Symptoms
The extent and persistence of symptoms significantly influence mTBI settlement values. Symptoms may include:
- Headaches
- Memory issues
- Difficulty concentrating
- Fatigue
- Dizziness
The duration and intensity of these symptoms play a critical role in determining settlement amounts, as more severe and lasting symptoms often correlate with higher compensation.
Impact on Daily Life
A mild brain injury can disrupt the ability to perform routine daily activities. If your mTBI has hindered your ability to complete tasks such as working, driving, or participating in social activities, the injury’s impact on your life may increase the settlement amount.
When assessing compensation, the court will consider how the injury affects personal and professional aspects of your life.
Medical Expenses
Typical treatments for mTBIs are:
- Initial emergency care
- Diagnostic imaging
- Follow-up visits
- Therapy
- Rehabilitation
- Future care if symptoms persist
Higher medical costs often result in a larger settlement, as these expenses are typically recoverable under personal injury law.
Loss of Income and Earning Capacity
If your mild TBI has limited your ability to work or forced you to reduce hours or responsibilities, you may be entitled to compensation for lost income. This compensation can cover both current lost wages and potential future earnings if the injury impacts your long-term employability.
The Court will evaluate documented and projected income loss when determining your final settlement.
Emotional and Psychological Impact
Beyond physical symptoms, mTBIs often lead to emotional and psychological challenges, such as anxiety, depression, and stress-related cognitive limitations.
These non-economic damages can be significant, especially if the injury leads to prolonged emotional distress or impacts relationships with family and friends. While these damages are often subjective, they are important in achieving a full and fair settlement.
If you or a loved one has suffered a traumatic brain injury, we have a Torrance traumatic brain injury attorney available for a free consultation.
California Laws That Can Affect Your Payout
California’s legal framework contains specific laws that can impact the outcome of your mTBI settlement. Understanding these regulations will help you understand the compensation to expect, but we will also guide you on these further.
Comparative Fault Law
California follows a comparative fault rule that may affect the outcome of your settlement for traumatic brain injury, which means that if you are partially responsible for the accident, your compensation may be reduced by the percentage of fault attributed to you.
For instance, if you’re found to be 20% at fault, your final settlement amount may be reduced accordingly. This comparative fault element is important in personal injury cases as it can significantly impact the total amount you receive in your settlement for a traumatic brain injury.
Statute of Limitations
The statute of limitations for personal injury claims in California is two years from the accident date. Failing to file within this timeframe can result in forfeiting your right to seek compensation.
It’s critical to act promptly to ensure all necessary documentation is in order and that your claim is filed within the statute of limitations.
Mandatory Insurance Coverage
California law requires all drivers to carry minimum liability coverage. However, the minimum coverage amounts may not fully compensate you if the at-fault party has limited insurance. In these cases, your own uninsured/underinsured motorist (UM/UIM) coverage can bridge the gap to ensure you receive adequate compensation.
Here’s a breakdown of the mandatory minimum liability coverage limits:
Bodily Injury Coverage:
- $15,000 per person
- $30,000 per accident (if more than one person is injured)
Property Damage Coverage: $5,000 per accident
These minimums might be insufficient in TBI cases where damages often far exceed these amounts. California drivers can purchase additional types of coverage to help bridge this gap:
- Underinsured/Uninsured Motorist Coverage: This can cover expenses if the at-fault driver lacks adequate insurance.
- Medical Payments (MedPay) Coverage: Pays medical bills regardless of fault but is often limited in amount.
- Personal Injury Protection (PIP): While not required in California, PIP provides a broader range of medical and rehabilitation benefits.
Additional Legal Considerations
In some cases, punitive damages may be awarded if egregious negligence leads to the injury. However, these damages are typically reserved for situations involving severe misconduct, particularly in cases of brain damage.
California law does not cap non-economic damages in personal injury cases unrelated to medical malpractice so you may pursue full compensation for pain, suffering, and emotional distress without limitations.
To understand further how the above elements can deviate from the average traumatic brain injury settlement, reach out to a San Bernardino brain injury attorney at Feher Law.
The Legal Process for Pursuing a Mild TBI Claim
Here’s an overview of the process for a mild TBI claim that we will go through with you when you hire us:
- Initial Consultation and Case Evaluation: Your first step is meeting with our personal injury attorney specializing in mTBI cases. During this consultation, we will review the accident details, examine your medical records, and evaluate the strength of your brain injury claim.
- Evidence Collection and Documentation: After taking on your case, we will gather essential evidence, such as accident reports, medical evaluations, witness statements, and income loss documentation. This evidence is vital for building a strong claim.
- Filing a Claim with Insurance: Once the case foundation is set, we will file a claim with the at-fault party’s insurance provider to seek an average settlement for traumatic brain injury. We will submit a demand letter outlining your damages, including medical expenses, lost wages, and pain and suffering.
- Negotiating a Settlement: After filing, we will enter negotiations with the insurance company to reach a fair settlement. We will advocate on your behalf, ensuring the insurance company does not undervalue your brain injury claim.
- Litigation if Necessary: If a satisfactory settlement cannot be reached through negotiation, your attorney may recommend taking the case to court. Litigation may involve pre-trial motions, discovery, and a trial to pursue full compensation for a traumatic brain injury settlement.
Types of Damages Recoverable in mTBI Cases
When pursuing a mild TBI claim, you may be entitled to several types of damage, including those for brain damage and emotional distress:
Economic Damages
Economic damage covers the direct financial losses associated with the injury, including medical expenses, lost income, and property damage, particularly in cases of penetrating brain injuries.
These are typically straightforward to calculate, based on tangible costs incurred due to the injury, including those related to penetrating brain injuries. Medical bills, therapy costs, and any modifications required to accommodate your new limitations fall under economic damages.
Non-Economic Damages
Non-economic damage compensates for the subjective, intangible effects of the injury, such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Since mTBIs often have lingering cognitive and emotional impacts, non-economic damage can play a significant role in mTBI settlements. This compensation acknowledges how the injury affects daily life and personal well-being.
Punitive Damages
Punitive damages may be awarded in cases where the at-fault party’s behavior was particularly negligent or malicious. These damages deter and penalize the responsible party for egregious misconduct. Although less common in mild TBI cases, they are still a possibility if evidence suggests severe negligence.
To help with your traumatic brain injury claim, consult with a Huntington Beach traumatic brain injury lawyer today.
Common Challenges in Mild Traumatic Brain Injury Cases
Pursuing compensation for mild TBIs involves unique challenges:
- First, the invisible nature of mTBI symptoms of brain injuries may present unique challenges in legal cases, as issues like memory loss, difficulty concentrating, and fatigue may not appear on standard imaging tests. This often leads to disputes over the injury’s severity, with insurance companies downplaying symptoms or questioning the extent of the injury’s impact on your life.
- Comparative negligence can also come into play, potentially reducing the settlement if partial fault is assigned to you.
How Our Experienced California Personal Injury Lawyers Can Help
At Feher Law Firm, our team of skilled personal injury attorneys is dedicated to helping mTBI victims obtain the compensation they deserve. We offer compassionate, experienced representation, guiding you through each step of the claims process.
From gathering vital evidence to negotiating with insurers and advocating for your rights in court, we work tirelessly to secure maximum compensation for our clients.
Contact us today for a free consultation to discuss your case and begin your path to recovery.
FAQs
Can emotional distress and psychological effects be included in a mild TBI settlement?
Yes, problems with thinking and feeling, depression, and anxiety may be part of mild TBI settlements. To get full compensation for traumatic brain injuries and recognize the mental and emotional toll they take, non-economic damage is often needed.
Does California have caps on damages for mild traumatic brain injury cases?
California does not put a limit on non-economic damage in cases of mild TBI. Damages other than money can’t be more than $250,000 in medical malpractice claims. This lets people who have been hurt by negligence that isn’t medical get full compensation for their emotional distress, pain, and suffering.
How does the statute of limitations affect mild TBI claims in California?
California law says that claims for mild TBI must be made within two years of the accident. You might not get any money if you don’t file your claim within this time frame. To protect your legal rights, you need to act right away.
Related Posts
Cervical Spine Injury Settlement Amounts in California
Herniated Disc From a Car Accident Settlement in California
Average Motorcycle Accident Pain and Suffering Settlement in California
Post-Concussion Syndrome Settlement Value in California
Can You Be Terminated While on Disability in California?
