Skip to content

Fair Settlement for TBI

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Here at Mike Agruss Law, we handle a variety of personal injury cases and injuries. An experienced Chicago personal injury lawyer from our team will be here to help you navigate the path forward in the Illinois legal system after an at fault party caused you to suffer. This includes severe injuries, like a brain injury case. How much compensation can you expect to cover your past, present, and future medical costs? What about lost wages and emotional distress? Let’s go further into this topic right now. When you’ve finished reading, contact a traumatic brain injury lawyer from Mike Agruss Law for a free consultation in regards to your specific situation.

Equally Aligned Scales With Coins

How to Ensure Just Compensation After a Traumatic Brain Injury

A Traumatic Brain Injury (TBI) is among the most severe and life-altering injuries an individual can endure. These injuries can result in substantial medical expenses, lost wages, and long-term care costs, not to mention the profound impact on the individual’s quality of life. It’s imperative for victims and their families to understand the importance of attaining a settlement that reflects the full extent of their losses and the injury’s impact on their future.

Determining a fair settlement for a TBI can be complex, as factors such as the severity of the injury, the costs of current and future medical treatment, and the effect on one’s ability to earn a living must all be taken into account. Legal professionals specialize in assessing these variables to ensure that the compensation reflects the victim’s needs. Considering settlements in previous TBI cases may offer some insight into the valuation process, although no two cases are the same.

Many people facing TBI settlements must decide whether to accept an offer from an insurance company or to pursue further litigation, a decision that should be made with careful thought to the potential risks and benefits. Legal experts can help navigate this challenging landscape, providing guidance grounded in a thorough understanding of TBI settlements. The goal is to ensure that victims are compensated fairly and that their needs are secured for the future.

Understanding Traumatic Brain Injury

Traumatic brain injuries (TBI) represent a significant medical concern, with varying levels of severity from mild to severe. They not only disrupt an individual’s health but can have prolonged effects on various facets of life.

Types of Traumatic Brain Injuries

Traumatic brain injuries can be classified based on the degree of severity and the mechanism of injury.

Mild Traumatic Brain Injury (mTBI): Also known as a concussion, it is characterized by a brief change in mental status or consciousness.

Moderate Traumatic Brain Injury: May lead to longer periods of unconsciousness or amnesia after the injury.

Severe Traumatic Brain Injury: This often results from a violent blow or jolt to the head or body and can result in an extended period of unconsciousness or amnesia.

Symptoms and Diagnosis

Symptoms of TBI can range from mild to severe, depending on the extent of damage to the brain. Some symptoms may appear immediately, while others can manifest days or weeks later.

For Mild TBI:

  • Brief loss of consciousness
  • Headaches
  • Confusion or dizziness
  • Fatigue or drowsiness

For Moderate to Severe TBI:

  • Persistent headache or headache that worsens
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • Inability to awaken from sleep

Diagnosis typically begins with a neurological examination, including evaluating the patient’s cognitive function, imaging tests such as CT scans, MRI scans, and sometimes neuropsychological assessments.

Legal Aspects of a Traumatic Brain Injury Case

Traumatic brain injury cases are notably complex, necessitating a nuanced understanding of personal injury law and the proficiency of experienced legal representation. A successful legal strategy hinges on the ability to navigate the intricacies of proving negligence and calculating adequate compensation.

Personal Injury Law Overview

Personal injury law encompasses legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In the context of traumatic brain injury cases, the law’s primary focus is on torts, where the party responsible for causing the TBI (the defendant) is held liable for damages incurred by the victim (the plaintiff). To prevail, the plaintiff must demonstrate that:

  • The defendant owed a duty of care to the plaintiff.
  • There was a breach of that duty.
  • The breach caused the plaintiff’s injury.
  • The injury resulted in compensable damages.

The Role of a Personal Injury Lawyer

An Aurora personal injury lawyer from Mike Agruss Law plays a critical role in representing individuals who have suffered a traumatic brain injury. Our team is responsible for:

Case Preparation: Gathering medical records, witness statements, and expert testimonies

Negotiation: Advocating for fair settlement terms with insurance companies and adversaries

Litigation: Presenting the case in court if a settlement cannot be reached

Our expertise can significantly sway the direction and outcome of a TBI claim, as we provide insights into legal precedents and quantify the extent of damages, including long-term impacts that might not be immediately apparent.

Building a TBI Case

When pursuing a fair settlement for a traumatic brain injury (TBI), the strength of the case hinges on meticulous preparation. This includes methodical gathering of evidence and a clear establishment of negligence.

Gathering Evidence

The initial step in building a TBI case is the comprehensive collection of evidence. This must consist of:

Medical Records: Documentation of injuries, diagnostics, treatments, and prognoses

Accident Reports: Official reports detailing the incident causing the TBI

Expert Testimonies: Insights from medical experts or accident reconstruction specialists

Eyewitness Accounts: Statements from individuals who directly observed the events

Financial Documentation: Records of all expenses incurred as a result of the injury

Determining Negligence

To hold someone legally responsible in a TBI case, one must prove negligence:

  1. Duty of Care: Establish that the defendant had a duty to act reasonably to prevent harm.
  2. Breach of Duty: Demonstrate that the defendant failed to fulfill this obligation.
  3. Causation: Directly link the breach of duty to the TBI sustained.
  4. Damages: Show quantifiable losses as a result of the negligence, which may include medical bills, lost income, and pain and suffering.

During negotiations, insurance companies are often involved and may initially offer a settlement. It is crucial to evaluate such offers with a critical eye to ensure they cover the full extent of immediate and future impacts of the TBI. Successful negotiation can significantly increase the settlement value compared to initial offers, thus truly reflecting the severity of a TBI and the associated losses.

Calculating TBI Settlement Amounts

In settlements for traumatic brain injuries, compensation amounts are not arbitrary figures; they are carefully calculated considering various determinants such as injury severity, incurred medical costs, and precedent in average compensation figures.

Factors Influencing Compensation

Severity of the Injury: The settlement for a TBI is heavily influenced by the injury’s severity. Costs pertaining to medical expenses, rehabilitation, and any long-term care necessary for moderate to severe TBIs can drive up the settlement amount. For instance, the need for ongoing therapy or surgery can significantly heighten the financial compensation required.

Economic and Non-Economic Losses: Economic losses include quantifiable costs such as lost wages and medical bills, while non-economic losses encompass pain and suffering, and loss of enjoyment of life. The greater the impact on the individual’s life, the higher the potential compensation might be.

Understanding Average Compensation

When discussing average compensation, one should note that TBI settlements can vary widely. Some cases may settle for sums from $700,000 to over $1 million, depending on the factors discussed. However, this is highly dependent on the specifics of each case, including the jurisdiction and the evidence available to support the claims.

It’s also worth noting successful high-value settlements in the past, such as instances where amounts have reached up to tens of million due to the circumstances and severity of the injury involved. Each case is unique, and while past cases can give a general idea, they cannot guarantee future outcomes.

Dealing with Insurance Companies

When brain injury victims are seeking compensation for a traumatic brain injury, they often engage with insurance companies to secure a fair settlement. This process requires an understanding of the intricacies involved in negotiation and the insurance claims process.

Negotiating with Insurers

Successfully negotiating with insurers necessitates a strategic approach. The initial settlement offer from an insurance company may not reflect the true costs associated with a TBI. It is often in the best interest of the individual to employ an experienced Naperville injury lawyer who can articulate the merits of their case and counter lowball offers. The legal professionals at Mike Agruss Law have the expertise to understand the valuation of claims and argue for a settlement that accurately encompasses medical expenses, lost wages, and other related damages.

Insurance Claims Process

The insurance claims process begins after the TBI incident, with the filing of a claim. Insurers will then investigate the circumstances, evaluate medical records, and assess liability. During this phase, it is important for the individual to:

  • Provide all necessary documentation, including medical reports and records of expenses.
  • Understand the policy coverage limits and exclusions to determine the extent of compensation available.

Since insurance companies may employ tactics to minimize payments, individuals need to be prepared for a potential personal injury lawsuit should negotiations prove unsatisfactory. This could eventually lead to a trial where the merits of the case will be weighed to determine the appropriate settlement.

Medical Considerations in TBI Settlements

When determining settlements for traumatic brain injuries, it’s crucial to meticulously account for current and future medical expenses. These financial considerations are instrumental in ensuring that the compensation reflects the true cost of the injury.

Costs of Traumatic Brain Injuries

Traumatic brain injuries can result in extensive medical bills, varying widely based on the injury’s severity. Immediately following a TBI, hospital bills may include costs for emergency room care, diagnostic imaging, surgery, and initial rehabilitation. It’s not uncommon for these expenses to rapidly accumulate, placing a significant financial burden on the injured party and their family. According to Health Nord, the severity of a TBI is a pivotal factor in determining settlement amounts due to the extensive medical care needed.

Immediate Medical Costs:

  • Emergency room services
  • Surgery
  • Hospital stay
  • Diagnostic tests
  • Initial rehabilitation and therapy

Future Medical Bills

Considering future medical expenses is essential when negotiating a settlement, as individuals with TBI may require long-term care, including ongoing rehabilitation, therapy, in-home care services, and periodic medical evaluations. Settlements should address potential future surgery or treatment costs, as well as potential complications or related health issues that can arise. Long-term costs may also incorporate necessary modifications to the home or costs associated with assisted living facilities if the individual’s daily living activities are compromised. Future medical considerations are integral to securing a just settlement.

Projected Long-term Expenses:

  • Continued rehabilitation
  • Future surgeries and medical treatment
  • In-home care services
  • Modifications for accessibility
  • Assisted living accommodation costs
  • Regular follow-up visits and check-ups

The Settlement Process

When seeking a traumatic brain injury settlement, understanding the structured process of a personal injury lawsuit is crucial. It typically begins with filing a legal claim and may culminate in a mediation or trial.

Initiating a Personal Injury Lawsuit

To initiate a lawsuit for a traumatic brain injury, the injured party, referred to as the plaintiff, must file a complaint in the appropriate court. This legal document lays out the factual and legal basis for the claim, specifying the injury incurred and the compensation sought. The plaintiff must serve the defendant, who then has an opportunity to respond.

Mediation and Trial

If the case is not settled out of court, mediation can be a pivotal step before a trial. Mediation involves a neutral third party who facilitates negotiations between the plaintiff and defendant. A successful mediation can result in a fair settlement without needing a trial. Should mediation not lead to an agreement, the case goes to trial, where evidence is presented before a judge or jury, leading to a legally binding decision.

Life After a TBI Settlement

Settling a traumatic brain injury claim can provide financial relief and resources for recovery. However, adaptability and careful planning are essential when navigating life post-settlement.

Long-Term Recovery and Support

After a TBI settlement, long-term recovery may involve ongoing medical treatments, rehabilitation, and support services. These may be essential for individuals with mild traumatic brain injuries, which can still have significant long-term effects despite being classified as “mild.” The settlement should account for:

Therapy Services: Physical, occupational, and speech therapies, if needed

Counseling: Mental health support to address emotional and psychological challenges

Medical Care: Continuous medical monitoring and potential future surgeries or treatments

Support Systems: Professional caregiving and support groups can play a critical role in a survivor’s life

Financial Management of Settlement Funds

Careful financial management of settlement funds is critical to ensure long-term financial stability. Here are some pointers for managing these funds:

Budgeting: Develop a budget that includes current and anticipated future medical expenses.

Investment: Explore safe investment options to potentially grow the settlement funds while minimizing risk.

Professional Advice: Consider hiring a financial advisor experienced in handling large settlements.

Special Needs Trust: A special needs trust can protect assets while maintaining eligibility for government benefits, if applicable.

Mike Agruss Law May be Able to Get You a Traumatic Brain Injury Settlement

Contact our team today to move your brain injury claim forward. With proper medical documentation and our expert litigation skills, it’s quite possible for you to get compensation for economic damages, non-economic damages, and possibly even punitive damages.

Contact us today for your free consultation with an experienced attorney to learn more about your possible settlement value.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!