Traumatic Brain Injury Settlements

Traumatic Brain Injury Settlements

Written by Dennis Grossman

Attorney Dennis Grossman has managed thousands of cases, obtaining millions of dollars in settlements and jury awards for his clients.

It’s scary and confusing when you are struggling with a traumatic brain injury after you’ve been in an accident. Because traumatic brain injuries (TBI) are incredibly dangerous, your injuries can also be permanent or require a longer time for recovery. TBIs are considered catastrophic injuries. This means you may have a partial or total disability for the rest of your life. 

Because TBIs are devastating, compensation should be higher than other personal injury settlements. With your attorney’s help, learn how much you are owed based on your unique circumstances. They calculate damages based on proven methods and negotiate a fair settlement on your behalf. Have an attorney work hard for you with no upfront cost. Call Grossman Law Offices now for a free consultation.

How Much Money can you Get from a Traumatic Brain Injury? 

Traumatic brain injuries are catastrophic, resulting in some of the most expensive personal injury claims. Your injuries have the potential to develop into crippling and very expensive damages over time. A majority of the largest personal injury claims are because of traumatic brain injury and can be between $3 million to $10 million in compensation. Around 2.5% of TBI claims go beyond $1 million. On average, TBI claims about $136,000 in settlement awards. This is higher than most personal injury settlements. 

Types Of TBIs

There are two types of TBIs. One is a blunt TBI, it’s a non-penetrating injury to the head. This occurs when an outside force is powerful enough to move the brain inside the skull. Car accidents can cause this type of TBI.

An open TBI is when you receive a penetrating injury. Penetrating TBIs happens when a foreign item penetrates the brain and harms the brain tissue. These are one of the most life-threatening types of injuries and can mean immediate death for the personal injury victim.

A mild traumatic brain injury that results in a non-penetrating TBI won’t be compensated the same amount as a catastrophic penetrating TBI. 


Concussions can result in loss of consciousness in brain injury victims, alter a person’s mental state, and interfere with the brain’s function. You can still experience a concussion even if you don’t hit your head. You may have a no-head-impact concussion which is caused by your brain rocking hard and hitting the wall of your skull because of the harsh impact that hit your body but not your head. 


An accumulation of blood inside the skull is known as intracranial hematoma and is a more severe traumatic brain injury. It typically results when cerebral blood vessel starts bursting. This can be caused by a harsh accident, such as a slip and fall injury or a car crash.  Blood may build up in the skull’s cavity and create pressure within the brain.


A brain hemorrhage is considered to be a stroke. This happens when an artery in the brain bursts and creates bleeding in the tissues around the site of the injury. Brain cells can be killed by hemorrhage brain injuries. 

How Are TBI Settlement Values Determined? 

A TBI is described as a physical head injury that disrupts the brain’s natural function. Long-term side effects include crippling cognitive, psychological, and behavioral issues. After suffering a TBI, you may never recover your independence and life again. This is why settlements can be very high. However, every TBI settlement is unique, which means that the amount can range from small to large based on factors surrounding your particular personal injury case. Based on the long-term implications of a severe TBI, the cost can be incredibly high. Here are factors that can impact your TBI settlement:

Level Of Injury

How severe your injury was will be the most important aspect of your injury claim. If your injury was incredibly dangerous and could have resulted in a loss of life, resulting in debilitating consequences, your settlement can be higher. If you only had a bump on your head and a few scratches, the settlement would be less. Your expenses will be more costly for a more severe injury.

Partial Or Total Disability

TBIs can cause a disability that impacts your entire way of living. You may be partially or totally disabled after your personal injury. A partial disability could mean that you have memory loss or mood swings that negatively affect your life. However, a total disability could mean that you permanently have hearing or vision loss because of the deep injury to your temporal or occipital lobes of the brain. This has life-altering consequences that create higher pain and suffering damages, in addition to greater medical costs required to overcome these injuries. 

Permanent Or Temporary Injury

When your injury is temporary, expect to eventually recover and return to your normal life. If the injuries are permanent, this means that you’ll never go back to the way life was. You may be unable to participate in the activities you love. A permanent injury also means you never fully recover. You will probably require ongoing medical care and additional healthcare treatments to help cope with wounds. This means that a permanent injury will require a much larger settlement. 

Percentage Of Liability

Every personal injury case is different, you may be partially liable for your own injuries. You may have contributed to the personal injury accident by anywhere between 1% to 99%. In California, even if you are liable for 99% of your personal injury, you can still claim a settlement for the 1% you’re not liable for, according to the law of comparative negligence. The less you are liable for, the higher your settlement amount. An attorney can help estimate how much your percentage of liability is based on how much you contributed to your own accident. This is based on your degree of negligence.

Life Circumstances 

What you are experiencing personally will also influence your settlement award. For example, your age, gender, income level, and other factors can impact how much you receive. Any dependents and how old they are may also play a part. 

Types Of Damages You Might Expect

Traumatic brain injury settlements provide compensation for victims. Whether you had a mild brain injury or a life-threatening traumatic injury, you deserve compensation if you were not at fault.

Medical Bills

Medical bills add up over time, especially when you require surgery. Prescription medicine, physical therapy, and other costs create huge financial stress for you and your family. Additional damages can include lifetime care costs which your attorney will estimate based on the medical care you’ll require in the future.

Lost Income

How much money you should have made had you not suffered a brain injury? Any money you weren’t able to make from the time of your injury and into the future will be estimated. Your attorney will calculate based on your average wages before you were injured. 

Pain And Suffering 

You won’t only be suffering from physical pain but also emotional pain. These damages refer to any depression, PTSD, grief, embarrassment, shame, anxiety, and other emotions you are struggling with. Your attorney calculates these damages by selecting a multiplier number between one and seven. In more devastating cases, they’ll pick a higher number. This numerical value is multiplied by the total economic damages to estimate your non-economic damages. In some cases, you can receive compensation for life enjoyment damages. 

Wrongful Death Damages

When your loved one passes away because of another’s negligence, you can claim compensation on their behalf. You would be eligible to receive additional wrongful death damages based on the circumstances of your loved one’s passing. Eligible family members and survivors can receive loss of consortium, loss of earning capacity, loss of benefits, funeral bills, burial fees, and a wide range of other damages. Speak to your traumatic brain injury attorney to seek out additional damages you can claim in a wrongful death settlement.

Should I Accept a Traumatic Brain Injury Settlement?

The insurance company may try to settle with you; with a lump sum settlement for your traumatic brain injury case. Taking quick cash can be tempting, but you should never accept it without a recommendation from your injury attorney. Our law firm is experienced in calculating how much you deserve in compensation for your TBI personal injury case. You should first consult with our team before you decide to accept a TBI settlement. Speaking with us can bring clarity and direction on the next steps or whether the compensation they offered you is fair. Contact us as soon as possible. We work on a contingency fee basis and can provide free services up until you receive your settlement. Once we deliver results, you can pay a percentage of your settlement. Call Grossman Law Office today for an initial free consultation.