Head Injury Compensation Calculator
Use this free settlement calculator tool to learn how much your head injury case could be worth.
You’ve had a head injury – now what?
A head injury, often referred to as a Traumatic Brain Injury (TBI), is a major cause of death and disability in the U.S.
A TBI is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild” (i.e., a brief change in mental status or consciousness) to “severe” (i.e., an extended period of unconsciousness or memory loss after the injury). Most TBIs that occur each year are mild, commonly called concussions.
How common are brain injuries? In 2014, the U.S. Centers for Disease Control reported that Americans experienced 2.87 million TBI-related emergency room visits, hospitalizations or deaths.
Those who survive a traumatic brain injury can face effects that last just a few days or the rest of their lives. If you or a loved one has experienced one of these injuries, it’s important to talk with an attorney to see if you qualify for compensation.
Symptoms of head injuries
Head injuries come with a wide range of symptoms depending on their severity. Some signs that you’ve experienced a head injury may appear immediately after the event, but others may appear days or even weeks later.
Head injury symptoms usually fall into four categories:
- Fuzzy or blurry vision
- Nausea or vomiting (early on)
- Sensitivity to noise or light
- Balance problems
- Feeling tired, having no energy
- Being more emotional
- Nervousness or anxiety
- Difficulty thinking clearly
- Difficulty thinking clearly
- Difficulty concentrating
- Difficulty remembering new information
- Sleeping more than usual
- Sleeping less than usual
- Trouble falling asleep
Sometimes, people do not recognize or won’t admit they are having problems. This latter issue is especially prevalent for sports-related head injuries, because players are often concerned that admitting to a head injury will lead to not being able to participate.
How is personal injury compensation determined?
People with traumatic brain injuries are frequently involved in litigation because another person was wholly or partly at fault, such as from a car accident, a fall, or negligence. A compensation amount will often be settled to compensate the victim for the past, present, future damages and losses suffered.
Every case is different, but the state of health and financial well-being the victim would have had without being injured are among the factors used to determine the compensation amount.
Factors that affect head injury compensation value
- Injury severity. One of the biggest factors in determing the amount you’re due for compensation is the extent of your injuries. Injuries that permanently cause disability or disfigurement, or negatively impact the quality of your life are likely to result in a higher settlement or verdict amount.
- Treatment and recovery. The cost and length of treatment and recovery also affects the value of your compensation claim.
- Liability and personal fault. To receive compensation from someone for your head injury, you and your attorney (the plaintiff) will need to prove that another party (the defendant) bears at least half of the responsibility for your injury.
- Emotional and mental trauma. Serious brain injuries can cause not just immediate and long-term health problems, but also can have significant emotional consequences. Anxiety, depression, mood swings and more can result from brain injuries. Research also suggests that repeated TBIs, such as concussions suffered by athletes and military veterans, can cause a brain disease called chronic traumatic encephalopathy, or CTE, although this currently can only be diagnosed after death.
- Choosing the right attorney. This is perhaps the most important factor in determining whether you’ll get the compensation you deserve for your or a loved one’s head injury. In addition to the actual events in question, compensation will depend on which state the injury occurred in, what venue the case will be tried, number of defendants, and ability to file claims and other paperwork on time.
Our brain injury settlement calculator will help you estimate the compensation value of your injury and connect you with an attorney who can represent you to get you the compensation you deserve.
How common are traumatic brain injuries?
More than 2.5 million people in the U.S. seek treatment for brain injuries each year. According to the CDC, the leading causes of TBI are falls, being struck by an object, vehicle accidents and assaults.
- Falls account for more than 40% of all brain injuries, and cause more than half of TBI among children aged 0-14 years, and 81% of all TBI suffered by adults 65 or older.
- Being struck by an object or person is the second most common, resulting in 16% of cases. An example of this would be concussions suffered while playing sports.
- Motor vehicle traffic accidents are the third leading cause of TBI (14% and result in the largest percentage of TBI-related deaths.
- Assaults are the cause of 10% of TBI among the general population and account for injuries suffered by another person, such as fights, domestic violence or shaken baby syndrome.
What damages can I claim from my brain injury?
The case value of a brain injury lawsuit depends on many factors, such as where the injury took place, its severity and who was responsible. Settlements frequently reach six figures and claims in the millions are not uncommon. A good lawyer and expert testimony can greatly increase the value of your compensation claim. Factors to consider include:
- Loss of earning capacity. Brain injuries can lead to trouble focusing, memory problems, anger issues and fatigue, all of which can impact the ability of the injured person to hold a job or advance in their career, or can lead to an early retirement, resulting in a significant loss of income over a lifetime.
- Life care costs. In addition to making less money, traumatic brain injuries can have significant medical costs, such as physical therapy, medication, surgeries and paid caregivers.
- Pain and suffering. Many jurisdictions also take into account the loss of enjoyment of life that can result from a serious brain injury.
How much should you ask for in compensation?
This is a question you should ask yourself when you are calculating how much you are due to pay out. The injury settlements can be quite substantial, but they are not necessarily the only way of receiving compensation. If the pain and suffering are sufficiently bad, you may qualify for a medical-related expense tax deduction as well.
There are many factors that go into assessing how much pain and suffering you are entitled to, including the severity of your injuries. The type of injury can also be taken into account. This could include a serious blow to the head that has left permanent damage, or even something as simple as a whiplash caused by an accident. Even persistent headaches are grounds for an injury claim. As long as the pain and suffering are lasting, and the potential financial difficulty is related to your disability, you are entitled to claim some form of financial compensation.
What is future suffering?
This is one of the crucial parts of an injury case. If you are unable to work, or your condition is worsening, you may ask for some sort of financial support to alleviate your suffering. When asking how much pain and suffering to ask for, you should always ask your attorney about compensation for future suffering. Past expenses are relatively easy to calculate, and include medical expenses, such as physical therapy and prescriptions, wages lost from taking time off work, and pain and suffering.
Calculating future suffering is much trickier and will require the guidance of an attorney, because it’s not just based on current earnings, but also the earnings you would have made in the future. Adding future earnings into the mix can result in a settlement in the millions if significant earning years are lost. Additionally, future medical expenses, while difficult to calculate, can also add up to serious numbers.
Future medical costs could include:
- Hospital bills, including lab work, medical scans and diagnostic tests
- Surgery costs that may be required in the future
- Therapy and rehabilitation, both physical and mental
- Prescriptions, some of which could be required for life
- Medical equipment, such as a wheelchair or special bed
- Home modifications, such as wheelchair ramps or lifts
Will I have to testify at a trial?
According to government statistics, only 4% to 5% of personal injury cases in the U.S. go to trial. The rest are settled or dropped before trial. The compensation received from a trial may tend to be higher than that found in a settlement, but there’s also a risk of losing and getting nothing.
One of the reasons personal injuries cases result in a settlement is because the process itself is quite long, and people who have been injured still have the expenses of daily life. Taking a case all the way to trial can take months or years.
The injuries, the accident, witnesses and all the circumstances surrounding the traumatic event in question will have to be investigated. Whether you should take your case to trial or opt for a settlement is a question only your lawyer can answer and will depend on many factors, but patience with the process and a willingness to enter arbitration is crucial.
The figures you get from your injury compensation calculator should only be kept in mind as a general guide. The actual amount you are owed will depend on the specifics of your case, such as the severity of your injuries; how long you have been suffering from them; and the financial impacts on you and your family. Your attorney will help you calculate the precise amount to request through a lawsuit.