An accident is already a nightmare scenario for most people, and the property damage is also hard to recover from. But if you or your loved one has suffered a traumatic brain injury due to the accident, you are in a very unenviable position. So, unfortunately, if you find yourself in that position you should know the average settlement for traumatic brain injury in Canada.
However, all is not lost. If the accident that caused your injury was due to negligence of another party, then you be awarded compensation. Although this may not fix the pain and suffering caused, it is still the right step towards justice. Read on to find out more.
Table of Contents
What is a Traumatic Brain Injury?
While a head injury is a head trauma that affects the skull, a traumatic brain injury is an injury that affects the brain as well. It occurs when there is an external impact that damages the brain. Traumatic brain injury is also one of the leading causes of disability and death worldwide.
Thus, TBI (Traumatic brain injury) is a broad term that describes any injury to the brain. Damage can be localized (focal) or spread throughout the brain (Diffuse). There are also levels of severity involved ranging from mild to severe.
Types of Traumatic Brain Injury
There are two main types of traumatic brain injury:
Closed Brain Injury:
This sort of injury is a non-penetrating injury to the brain that does not include a break in the skull. It can occur from violent brain movement inside the head, which can cause bruising and even tearing of the tissue and blood vessels. Closed brain injury is common in vehicular accidents, falling and sports.
Penetrating Brain Injury:
Also known as an open brain injury, this type of wound occurs when a break in the skull accompanies the brain trauma. A bullet piercing the skull is a good example.
Traumatic Brain Injury Symptoms
The symptoms of a traumatic brain injury depend on the severity of the case; however, below is a comprehensive list of symptoms:
- Headache
- Nausea
- Confusion
- Lack of coordination
- Light and Sound Sensitivity
- Difficulty concentrating
- Fatigue
- Convulsions
- Coma
What is the Average Settlement for Traumatic Brain Injury?
Traumatic brain injuries fall under the personal injury law. Usually, under these circumstances, a person who suffers from injuries that have resulted from another person’s negligence has the right to be financially compensated.
This compensation covers both economic and non-economic damages, but if further evidence suggests there was misconduct involved, the victim may be awarded punitive damages.
Economic and Non-economic damages cover:
- Medical Bills
- Mental Trauma
- Pain and Suffering
- Loss of Consortium
- Cost of medical or assistive devices
- Cost of future care
- Loss of Income
- Loss of ability to earn in the future
- Physical pain
- Cost of Rehabilitation
- Loss of joy
It is common among victims of traumatic brain injury to seek compensation as they are usually left with significant financial burdens. Thus they may inquire what the average settlement is. However, you must note that no two cases are the same.
The average traumatic brain injury case can have settlements anywhere from a few hundred thousand to over a million dollars. For patients with mild severity, a settlement of $200,000 can be awarded, whereas if the victim suffers from physical disabilities, the compensation can be over $500,000.
There have also been compensations of $26 million awarded to some victims. Since there is no perfect average, it is essential to consider the severity of the injury and its impact on the victim’s life.
How To Calculate Average Settlement For Traumatic Brain Injury?
We must determine your financial and non-financial damages in order to determine the worth of your settlement.
Financial Damages
These damages include:
- Lost wages or a lowered earning potential
- Damage to property, replacement or repair costs for vehicles, etc.
- Medicine costs, costs associated with assisted living, etc.
You must keep all receipts and other financial records, such as bills and invoices, in case of financial damages. They are considerably easier to calculate. In fact, you are paid for the losses caused as a result of the accident.
Non-Financial Damages
Calculating these damages is a little more complicated. non-financial damages frequently consist of:
- Inability to enjoy life
- Loss of group support
- Unjustified death
- Distress and suffering
- Mental suffering
How exactly can suffering, or even worse, a life, be valued? These damages can be calculated and valued in a variety of ways. For the purpose of calculating the worth of your non-financial damages in your settlement, our lawyers will combine a number of calculations and take a proactive solution.
What Factors Determine the Compensation for a Traumatic Brain Injury?
Settlement cases for traumatic brain injury vary from case to case. The variables that differentiate these cases are as follows:
Liability
The settlement would be higher when it is clear that the defendant is at fault for an accident that leads to traumatic brain injury. However, if the fault is disputed, the at-fault party may not make a reasonable offer. There are rules such as contributory negligence and comparative negligence in some jurisdictions.
In the case of comparative negligence, the courts will determine the percentage of blame between the victim and defendant and award compensation in accordance. But in states with contributory negligence, if the victim even has 1% blame, they will not receive any compensation.
Multiple Defendants
If multiple parties were involved in the incident, there could be an issue as different insurance companies would also be involved. This can affect the settlement amount as it would need to be decided which defendant pays what amount.
The Victim’s Identity
The victims, age, place of work, gender, medical history and other characteristics may impact the settlement amount.
Location of the Trial
Some locations may be more conservative than others, and also it has been seen that settlement sums are lower in urban areas. Lawyers may keep this in mind when the case goes to court.
Egregious Conduct by Defendant
Although punitive damages aren’t awarded to the victim, you and your lawyer can use this as leverage when in settlement negotiations with the defendant’s insurance company.
What Kind of Evidence is Required in a Traumatic Brain Injury Case?
Regardless of the kind of accident you were involved in that led to your traumatic brain injury, there are a few things that will help your case get compensation immensely.
- Witnesses
- Photographic Evidence
- Police Report
- Medical Report
- Diagnosis of Traumatic brain injury from a doctor
- A scan of the wound using an MRI or CT machine
- An evaluation by a neuropsychologist
It is also beneficial to get expert witness testimony and any evidence of future medical care if required. A brain injury lawyer can help you plan and navigate this complex case.
Conclusion
Even though an accident that resulted in traumatic brain injury for you or your loved one may once have seemed an impossible situation, hopefully, this article has informed you how you can get the proper compensation you are obligated to.
It is always best to claim with a lawyer present as they can best protect your rights from overzealous insurance company representatives and lawyers, so contact one today!
FAQs
How Much Compensation Can You Get for a Traumatic Brain Injury?
A compensation claim for a brain injury is typically based on a number of factors. The settlement amount will be more if the injuries are severe. The settlement can reach millions of dollars if the accident results in a person’s death. However, the average injury claim is still between $5,000 and $10,000.
What is a traumatic brain injury?
TBI occurs from a violent blow or jolt to the head. It can also be caused by something penetrating through the skull and brain tissue
How Much Is a Brain Injury Case Worth?
A TBI case is at a minimum worth $100,000 and can go into the tens of millions depending on the case.
What is the most common traumatic brain injury TBI severity?
The most common type of TBI is a concussion, followed by moderate, not classifiable, penetrating and severe.
