- May 5
- Evans & Herlihy
- Personal Injury
If you suffered a severe accident that caused harm to your brain, you might wonder, what is the average payout for a head injury? Payouts for any injury vary, depending on many factors. What you collect may be very different than what’s obtained by others.
A head injury is often some form of traumatic brain injury (TBI). TBIs can range from mild concussions to fatal injuries. In some people, a mild concussion can have life-long impacts. Most important, it can leave you more susceptible to additional and more severe concussions. Serious TBIs can cause severe mental and physical disability, personality changes, and decreased intellectual functioning.
Recovery from a TBI is difficult to predict. While some recover well, other people make little or no progress. The most severe cases result in life-long care, medical treatments, and rehabilitation. Their lives are forever altered.
The settlement for head injury won’t give you the life you should be living. But it may help you make the most of the life you have. Expenses for your future care should be covered, and making ends meet shouldn’t be a concern.
Average Settlement Amount for a Head Injury Can Include Different Damages
Attorneys representing TBI victims need to make sure all your losses (called damages) and all that you suffered are considered when negotiating a payout with an insurance company. There can only be one settlement or jury verdict. Our attorneys at Evans & Herlihy will make sure all the compensation you deserve is part of your demand. This includes:
This covers the medical bills you had in the past and what you’re expected to have in the future. This compensation may include costs for a range of medical costs, from complex surgery to costs as simple as medication. It includes medical devices, what you may need to help you have mobility, transportation, visits to doctors and specialists, home nursing visits, as well as physical and occupational therapy. Compensation for medical costs would also cover your emotional and psychiatric needs.
Lost Income and Benefits
Following your head injury, your regular pay may be limited or, if you’re totally disabled, you may be unable to work for the rest of your life. The compensation we can help you seek in a settlement with the insurance company, or in a trial, will take into consideration earnings and benefits that you would have received if you were not injured.
Pain and Suffering
Our attorneys would determine how much physical and emotional pain and suffering you endured since the accident and how that is expected to affect you in the future. Next, we come up with a dollar figure representing fair compensation for that pain and suffering. For many head injury victims, this is a large part of the payout they receive.
If a vehicle crash caused your head injury, you probably suffered property damage. This would be recoverable as part of your claim. It could be the cost to repair your vehicle, or to match its value if it was totaled, and the value of lost or damaged personal property in it.
The Payout for Head Injury is Affected by What Multiplier is Used
The average settlement amount for head injury is affected by the multiplier used in calculating it. Use of a multiplier is a common way insurance companies determine a head injury settlement offer. They take your medical costs, lost income, and property damage and multiply it (normally by a factor of from one to five, but it could go up to ten in extreme cases) to come up with an offer. The difference between a multiplier of a three and a four could be tens of thousands of dollars.
Generally, the more serious the harm and the stronger your case, the higher the multiplier number. Factors considered when coming up with the multiplier include:
- The strength of the evidence that puts the blame on the other party.
- Qualified, trusted physicians and specialists easily diagnosed your injuries.
- The insurance company doesn’t dispute your diagnosis.
- Your injuries are clearly painful and were caused by a traumatic accident.
- Your recovery took six or more months.
- There are permanent effects (discomfort, pain, scarring, disability) that are well documented.
- Medical professionals agree and clearly believe your injury problems will likely recur or worsen, or future problems will develop even though they’re under control now.
Settlement for Head Injury May Reflect Issues Beyond Your Control
In many vehicle accident cases, the driver who suffered the worst injury is partially at fault. Under Texas law, if it’s determined that you were more than half at fault, your lawsuit can be dismissed, and there will be no payout for head injury. If your fault is less than half, the payout would be reduced by your share of the blame. If a court decides you were 25% at fault for the accident, your payout is reduced by 25%.
Insurance companies pay for covered accidents up to the coverage limits. Yet, damages suffered by head injury victims are often more than those limits. An insurance company may pay you all it’s obligated to pay, but this still may not be enough for all your losses.
Other factors may also play a part in settlement negotiations. Some victims who suffered a head injury are very motivated and are more willing to push a hard bargain for a bigger payout, even when this risks going to trial. Other victims don’t want to deal with the uncertainty and stress of a trial, so they accept a lower settlement for head injury. Our skilled attorneys will explain the legal strategies available and what type of payout may result so you can make an informed decision about how to proceed.
Contact an Experienced Attorney About a Payout on Your Head Injury
When an Evans & Herlihy attorney represents you, you can focus on your health, recovery, and family. If a member of your family suffered a head injury, don’t wait to ask for help. Call experienced lawyers you can trust at (512) 732-2727 today, or simply fill out our online contact form for your no-obligation consultation.