Average Settlement for Traumatic Brain Injury in California
The average settlement for a traumatic brain injury (TBI) in California can range significantly, typically from $1,000,000 to $3,000,000.
Our law firm has successfully secured significant settlements and verdicts for clients with traumatic brain injuries, including:
- $2,800,000 for a traumatic brain injury case in Sacramento
- $2,000,000 in a trip and fall case involving brain and back injuries in Los Angeles
- $1,800,000 verdict in Howard vs. Knolls Medical Center Partnership, a premises liability case involving a broken foot and traumatic brain injury.
- $1,785,000 settlement for a slip and fall accident resulting in a mild traumatic brain injury (MTBI).
- $1,250,000 pre-suit resolution for a pedestrian incident leading to an MTBI.
Please reach out to a California brain injury lawyer from our firm today for advice on what to do next to maximize your compensation.
Factors that influence TBI settlement amounts in California
The payout amount for a brain injury settlement in California will depend on several factors:
Severity and types of injuries
The severity of a traumatic brain injury has a big impact on how much a settlement might be. The more serious the injury, the higher the settlement is likely to be because of the medical bills, surgeries, and ongoing care the person will need.
In cases of severe TBI, people might need long-term care, special equipment, or even changes to their home, all of which can be expensive. Plus, if the injury makes it hard or impossible for the person to work, the lost income also gets factored into the final settlement.
Liability
Figuring out who’s at fault is key in any TBI case. If it’s clear who caused the accident, it usually leads to a higher settlement. When the responsible party is fully to blame, they (or their insurance) will likely have to pay for all the damages.
But if there’s any dispute about who’s at fault, or if multiple people share the blame, it can make things tricky. This can lead to lower settlement amounts and longer legal battles, which can drag out the process and affect the final outcome.
Comparative negligence
California follows a comparative negligence system, which means if the victim is partly to blame for the accident, their settlement gets reduced. For example, if it is determined that the victim was 20% at fault for the incident, their settlement will be reduced by that percentage.
Even if the victim only had a small role in causing the accident, it can still lower how much they end up getting.
Want to know how comparative negligence impacts your situation? Find out how our Huntington Beach brain injury lawyers can support you
Insurance coverage
When it comes to traumatic brain injury settlements in California, the insurance coverage of both parties can greatly affect the final payout. Several key factors should be considered:
1. Policy Limits
Insurance policies, whether they are auto, homeowner, or health insurance, have limits that cap the amount they will pay out in a claim.
For instance, in an auto accident case, if the at-fault driver carries only the minimum coverage required by California law, the available compensation for a severe TBI could be far below the actual costs associated with medical treatment, long-term care, and lost income.
In California, the minimum liability coverage for auto accidents is $15,000 per person and $30,000 per accident, which is often insufficient for TBI cases, where medical costs can quickly escalate into hundreds of thousands or even millions of dollars.
2. Uninsured or Underinsured Motorist Coverage
If the at-fault party lacks sufficient insurance to cover the damages, the victim may need to rely on their own uninsured or underinsured motorist (UM/UIM) coverage. This type of insurance steps in when the responsible party’s policy doesn’t provide adequate compensation.
For those who carry higher limits on their UM/UIM coverage, the potential settlement amount can increase, ensuring they are not left covering the costs of their injury out of pocket.
3. Health Insurance and Medical Liens
If the victim’s health insurance provider covers a significant portion of their treatment, they may place a medical lien on any settlement awarded. This means that a portion of the settlement will be used to reimburse the insurance company, which could reduce the total amount the victim receives.
4. Commercial Policies
In cases where the injury occurs on a commercial property or involves a company vehicle, the at-fault party might have a much larger commercial insurance policy. These policies typically offer higher coverage limits, which can significantly increase the potential settlement.
In such cases, it is more likely that the victim will receive an amount closer to the actual value of their damages, including ongoing medical care, loss of future earnings, and non-economic damages like pain and suffering.
5. The Role of Multiple Policies
Sometimes, more than one insurance policy may be applicable in a TBI case. For instance, if the injury was caused by both an individual and a business, multiple liability policies may come into play.
Each policy may contribute to the settlement, depending on their respective limits and the degree of liability assigned to each party. In such situations, negotiating with multiple insurers can increase the total payout for the victim.
6. Bad Faith Insurance Practices
An insurance company may refuse to settle a claim within the policy limits or act unreasonably in denying a valid claim. When this occurs, it may be possible to pursue a bad faith claim against the insurer, potentially leading to a much higher settlement or award, beyond the policy limits.
However, pursuing a bad faith claim can be complex and requires the guidance of an experienced attorney.
Location
In bigger cities, where the cost of living and healthcare is higher, settlements are often larger compared to more rural areas.
Additionally, certain court systems may be more favorable to personal injury claims, influencing the potential outcome.
Additional reading: post concussion syndrome settlement value
Contact a Torrance brain injury lawyer at Feher Law to ensure you or your loved one receives the legal support you deserve
What damages can be recovered in California?
If you’ve suffered a traumatic brain injury in California, you can seek several types of damages to help with the costs and hardships you face. Here’s a rundown of what you might be able to recover:
Medical Expenses
TBI victims can claim compensation for both past and future medical costs. This includes:
- Hospital stays
- Surgeries
- Rehabilitation
- Physical therapy
- Long-term care or assistive devices (wheelchairs or home modifications)
Since brain injuries often require ongoing treatment, future medical expenses can be a significant part of the settlement.
Lost Wages
If your TBI has made it hard for you to work, you can claim compensation for the wages you’ve lost. This includes income you missed while recovering and any future earnings you might lose if the injury affects your ability to work long-term.
For serious cases where the injury leads to permanent brain damage, the financial impact can be quite large.
Pain and Suffering
Beyond the financial losses, victims can also be compensated for the emotional and physical suffering caused by the injury. Pain and suffering damages account for the long-term impact of a TBI, including:
- Chronic pain
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In some rare cases, you might be able to get punitive damages. These are meant to punish the person who caused the injury if their actions were especially reckless or intentional. Punitive damages also serve to discourage others from behaving similarly.
California uses a comparative negligence rule. This means if you’re found to be partially at fault for the accident, your compensation might be reduced by your share of the fault.
There’s no limit on how much you can get for compensatory damages, but punitive damages are harder to get and have strict requirements.
Should you accept the settlement offer?
Deciding whether to accept a settlement offer after a traumatic brain injury is a critical decision that can impact your financial and emotional well-being for years to come.
Here are some key factors to consider when evaluating a traumatic brain injury settlement offer:
- Evaluate future medical needs: Traumatic brain injuries often require long-term care, including ongoing treatments, therapies, and possibly assistive devices. Make sure the settlement offer accounts for these future expenses. If the offer doesn’t cover anticipated medical costs, you might end up paying out of pocket later.
- Consider ongoing care costs: This includes not only medical treatments but also potential costs for help at home, rehabilitation services, or modifications to your living space. Ensure that the settlement offer is enough to cover these costs, especially if your injury has long-term or permanent effects.
- Impact on quality of life: Consider how the injury impacts your daily activities, ability to work, and overall enjoyment of life. The settlement values should reflect the changes and losses you’ve experienced. If the offer doesn’t address the full extent of your diminished quality of life, it may not be adequate.
- Consult with an injury lawyer: An experienced traumatic brain injury lawyer from our firm can help you understand the full scope of your damages and ensure that the offer is fair. We can also help you negotiate better average settlement figures if the initial offer doesn’t meet your needs. We evaluate the offer from a legal perspective and guide on whether it’s in your best interest to accept it or push for more.
Remember, once you accept a settlement, it’s usually final, so it’s important to ensure it adequately compensates you for all current and future needs.
Why hiring a lawyer is vital for your TBI settlement in California
Dealing with a TBI claim can be complicated. That’s why having a lawyer on your side is so important. Here’s why professional legal help makes a big difference:
- Proving liability: Figuring out who’s responsible for a TBI can be tricky. Your lawyer will help by collecting evidence, talking to witnesses, and working with experts to build a solid case for you.
- Negotiating with insurance companies: Insurance companies often try to offer as little money as possible. A lawyer knows how to handle these negotiations and will work to make sure you get an average traumatic brain injury settlement.
- Navigating California’s legal system: California’s legal system can be complicated and confusing. An injury attorney is familiar with all the rules and procedures, so they can help you with everything from filing paperwork to meeting important deadlines.
Having a lawyer supporting you in your penetrating brain injury claim ensures that you’re not only fighting for fair compensation but also getting the best guidance from a legal perspective.
Other examples of average TBI settlements in California
Brain injury settlement amounts in California can differ, depending on the circumstances, how serious the injuries are, and how much the injury changes the person’s life. On average, TBI settlements in California can range from a few hundred thousand dollars to several million.
But no two cases are the same, and many factors can affect how much a settlement ends up being.
In addition to our case settlement above, here are some other real-world examples that illustrate how these factors have influenced past TBI settlements in California:
- $6.5 Million Settlement in Oakland: A record-breaking settlement was approved for a cyclist who suffered life-altering injuries after hitting a crack in the road on MacArthur Boulevard. The man’s spine was severely damaged, leading him to sue the city for negligence. The settlement covered his extensive medical bills and future care needs.
- $1 Million Settlement in Sacramento County: In 2019, a man was struck by a Sheriff’s deputy’s vehicle near Hillsdale Boulevard and Madison Avenue, resulting in a traumatic brain injury. The county agreed to a $1 million settlement to cover the victim’s medical expenses and the significant changes to his quality of life.
- $479,500 Settlement in San Francisco: A man involved in an electric bicycle accident when a vehicle traveling in the opposite direction struck him at the intersection of Stanyan & Anza. He suffered multiple injuries, including a traumatic brain injury, fractured wrist, and concussion with loss of consciousness. After building a strong case with medical evidence, eyewitness accounts, and traffic footage, he secured a settlement of $479,500.
Seeking maximum compensation and need legal support? We have a San Bernardino brain injury attorney ready to take your next steps with you
What is a traumatic brain injury?
A traumatic brain injury occurs when an external force causes damage to the brain. This can result from a variety of incidents and can range from mild to severe, depending on the extent of the injury.
Types of TBIs
- Concussions: The most common types of TBI, concussions are often caused by a blow to the head or a violent shaking. Symptoms may include headaches, dizziness, confusion, and temporary loss of consciousness. While typically less severe, repeated concussions can have serious long-term effects.
- Contusions: These are bruises on the brain caused by impact injuries. Contusions can lead to swelling and bleeding in the brain, potentially causing more severe symptoms like headaches, nausea, and changes in consciousness.
- Diffuse Axonal Injuries (DAI): This type of TBI occurs when the brain is shaken violently, causing widespread damage to the brain’s axons. DAIs can result in severe cognitive and physical impairments, including long-term disability.
- Penetrating injuries: These occur when an object, such as a bullet or a sharp object, penetrates the skull and damages the brain tissue directly. These injuries are often severe and require immediate medical attention.
Causes of TBI
1. Falls
Falls are a leading cause of TBIs, particularly among older adults and young children. According to the Centers for Disease Control and Prevention (CDC), falls account for about 50% of TBI-related hospitalizations.
In California, where there are many opportunities for outdoor activities and a significant aging population, falls are a major concern. This includes falls from ladders, slips and trips, and falls in homes or public places.
2. Vehicle Accidents
Car crashes are a major cause of TBIs, often resulting in severe injuries due to the high-impact forces involved. In California, where traffic accidents are common, vehicle-related TBIs are a significant concern.
Data from the California Department of Transportation shows that motor vehicle accidents are a leading cause of serious injuries, including TBIs. These accidents can range from collisions between vehicles to crashes involving pedestrians and cyclists.
3. Sports Injuries
Sports-related injuries are another common cause of TBIs, particularly in contact sports such as football, hockey, and soccer. In California, where sports participation is high among youth and professional athletes, TBIs from sports injuries are a pressing issue.
The Centers for Disease Control and Prevention (CDC) estimates that up to 3.8 million sports-related mild traumatic brain injuries (mTBIs) are reported annually in the United States.
4. Violence
Violent incidents, such as assaults, can also lead to traumatic brain injuries. While not as common as falls or vehicle accidents, violence-related TBIs can still have severe consequences.
In California, cities with higher crime rates may see more incidents of violence leading to TBIs.
TBI effects
Brain injuries may have a wide range of effects on individuals, depending on the severity of the injury:
- Mild brain injuries: Often cause temporary symptoms like mild concussion. Most people recover fully with proper rest and care.
- Moderate to Severe TBIs: Can lead to more serious issues such as memory loss, difficulty concentrating, and long-term cognitive impairment. Severe TBIs may result in physical disabilities, such as paralysis, and require ongoing medical care and rehabilitation.
- Emotional and Financial Toll: TBIs can also have a profound emotional impact, leading to issues like depression and anxiety. The financial burden can be significant, including medical expenses, lost wages, and long-term care costs. This makes understanding the full scope of damages and pursuing fair compensation essential for brain injury victims and their families.
Seek expert legal advice for your TBI claim
If you or someone you care about has traumatic brain damage, it’s important to get expert legal help. Dealing with a TBI claim can be complicated as it involves both legal and medical issues.
A skilled brain injury attorney can explain your rights, gather the right evidence, and handle negotiations with insurance companies to get you the compensation you need.
Feher Law is experienced in TBI cases and knows how to fight for your best outcome.
Don’t try to handle this alone—reach out to our California personal injury lawyer today for a free consultation about your case and get the support you need. Taking action now can make a big difference in how your case turns out.
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