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Average settlements for traumatic brain injury are based on financial losses, the severity of injury, and more.
Our experienced Columbia personal injury lawyers at Shealey Law Firm explain TBI settlements and how to know what your case is worth.
What Is a Traumatic Brain Injury? (And Why These Cases Are Complex)
A traumatic brain injury is traumatic harm that interrupts normal brain function. A traumatic injury means that the injury is not degenerative. Instead, it results from force or an external event, like a car accident or personal injury. A TBI may damage brain tissue, or it may jostle the brain, interfering with brain activity.
Brain injury settlements are complex
Here are some reasons why:
- Brain injuries vary in severity. One person may heal quickly from a brain injury. Another person may have life-changing injuries.
- Difficulty verifying injury. The severity of a brain injury isn’t always clear from an X-ray or CT scan. It can be difficult to prove the extent of the injury.
- Long-term impact. Long-term impact may not be immediately known when a brain injury occurs. The course of healing can be uncertain.
- Intangible losses. A significant part of any TBI settlement is non-economic damages, like pain and suffering and emotional anguish. These damages can’t be directly totaled with a calculator.
Shealey Law Firm pursues fair settlements for TBI car accident and personal injury claims. You deserve a settlement that reflects the severity of your injuries. Contact us to see how our lawyers can help.
Average TBI Settlement Amounts by Severity: Mild, Moderate, and Severe
TBI settlements fall into a large range. A mild injury may be worth $10,000, while a moderate injury could be worth $100,000. A severe injury may be worth $1 million or more.
The important thing to remember is that each victim deserves the compensation that is appropriate for them.
Shealey Law Firm is a law firm for traumatic brain injury settlements in Columbia, SC. We can give you a personalized evaluation of what your case may be worth.
What Factors Determine How Much a TBI Case Is Worth?
Here are some factors that may determine what a TBI case is worth:
- Emergency care
- Medical treatment
- Physical therapy
- Tests and evaluations to diagnose the extent of injury
- Mobility devices and personal adaptations for independence
- Lost income
- Personal care, including by family members and institutional care
- Physical pain and suffering
- Disability, disfigurement
- Loss of life expectancy
- Mental health injury
- Emotional anguish
- Other financial and personal losses
Besides damages, other factors that may impact the final value of the settlement are:
- Availability of evidence
- Strength of the legal claim
- Ability of the defense to pay compensation
- Insurance coverage
- How the victim builds their case
The main question when evaluating a TBI settlement is: How much has this person lost because of their injury? A TBI settlement is meant to compensate the person for the monetary value of their losses.
Economic vs. Non-Economic Damages in a TBI Claim
Economic damages are direct financial losses. These losses may have already occurred, or they may be projected to happen in the future.
Non-economic damages are suffering and anguish. They are all the ways that someone with a brain injury suffers, and ways that their life changes.
Both economic and non-economic damages are important for a fair settlement for TBI.
TBI Settlements vs. Jury Verdicts: What’s the Difference?
A TBI settlement is an agreement between the parties about what the defendant will pay. The parties decide the outcome of the case between themselves. On the other hand, a jury verdict is what the jury decides at trial.
Practically, a settlement and a jury verdict have the same effect. It becomes a court order for the defendant to pay.
One way a lawyer helps you is by evaluating settlement offers.
Common Causes of TBI Cases in Columbia, SC
Common causes of TBI cases in Columbia, SC are:
- Car accidents. I-20, I-26, I-77, Lester Bates Freeway, other state highways, and local roads.
- Falls. From unstable surfaces, collapsing structures, poor lighting, design flaws, inadequate footwear, and more.
- Work-related accidents. Including major local employers like Richland County Schools, City of Columbia, Prisma Health Midlands, Nephron Pharmaceuticals, Michelin, Kraft Heinz, and other employers.
- Violence. Assault and battery, and firearm-related injuries.
CDC, Facts about TBI.
How Long Does a TBI Settlement Take in South Carolina?
Some TBI settlements in South Carolina take several weeks, while a severe injury claim may take one year or more. A lawyer can work efficiently and thoroughly.
South Carolina laws apply to most TBI claims in Columbia. Many claims are filed in the Richland County Circuit Court, but smaller claims may be filed in the Richland County Magistrate Court.
Why You Should Never Accept an Early Settlement Offer for a Brain Injury
The insurance company wants to settle your case for as little as possible. Seeing a settlement offer might be a relief, but it’s often a mistake.
Settling too early may mean missing out on a fair settlement for TBI. A brain injury lawyer can help.
How a Columbia, SC TBI Attorney Can Maximize Your Compensation
A Columbia, SC TBI attorney can put their experience to work for you. They know the legal system. You can rely on your attorney for advice.
For a consultation about a settlement for traumatic brain injury in Columbia, SC, contact our experienced attorneys at Shealey Law Firm.