A traumatic brain injury can change nearly every aspect of a person’s life. While some brain injury victims recover relatively quickly, others face years of medical treatment, cognitive challenges, emotional changes, and financial uncertainty.
If someone else’s negligence caused your injury—whether in a car accident, truck crash, workplace incident, or another serious accident—you may be entitled to compensation.
One of the first questions many brain injury victims ask is, “How much is my case worth?” It’s a reasonable question, but there is no simple answer.
Unlike some types of injury claims, traumatic brain injury cases are rarely valued solely on medical bills or a formula. In fact, some of the most significant brain injury settlements and verdicts involve injuries that are difficult to see on imaging studies or don’t generate enormous medical expenses.
At Crosley Law, we have spent years helping victims and their families understand the true value of their claims. Here are some of the factors that influence brain injury settlement amounts and why having an experienced San Antonio brain injury attorney can make a critical difference in your case.
The severity of the brain injury
Perhaps the most obvious factor affecting settlement value is the severity of the injury itself.
Severe traumatic brain injuries often involve:
- Extended hospitalization
- Pérdida del conocimiento
- Abnormal brain imaging
- Permanent disabilities
- Significant cognitive impairment
- Need for lifelong care
These cases typically generate substantial economic damages and may lead to larger settlements.
However, mild traumatic brain injuries should not be underestimated. Many people diagnosed with concussions continue to experience persistent symptoms long after the accident. These lingering effects can interfere with work, relationships, education, and everyday activities.
A so-called “mild” brain injury can sometimes have life-changing consequences.
Whether brain injury symptoms persist over time
One of the most important questions in any brain injury case is whether symptoms resolve or become chronic.
Insurance companies often argue that concussion symptoms should disappear within a few weeks or months. Unfortunately, that isn’t always what happens. Some brain injury victims continue experiencing:
- Dolores de cabeza
- Confusión mental
- Problemas de memoria
- Dificultad para concentrarse
- Fatiga
- Alteraciones del sueño
- Ansiedad
- Depresión
- Personality changes
When symptoms continue months or years after an accident, they can significantly increase the value of a claim because they demonstrate lasting harm. Medical records that consistently document these symptoms often play a major role in settlement negotiations.
The impact on your ability to work
Lost income is often one of the largest components of a brain injury claim.
A traumatic brain injury may affect memory, concentration, communication skills, and other cognitive factors that can make it difficult or impossible to perform certain jobs.
When a brain injury affects future earning capacity, settlement values often significantly increase in turn. Economists and vocational experts may be needed to calculate the lifetime financial impact of these limitations.
The cost of future medical care
Many brain injury victims require ongoing treatment long after their initial accident.
Future medical expenses may include:
- Neurology appointments
- Neuropsychological evaluations
- Fisioterapia
- Occupational therapy
- Cognitive rehabilitation
- Counseling
- Psychiatric treatment
- Medicamentos recetados
In more severe cases, a victim may require home modifications, personal assistance, or long-term care services.
Our San Antonio brain injury lawyers work with medical experts and life care planners to estimate these future costs. Without this analysis, a settlement offer may fail to account for years or even decades of future expenses.
The strength of the medical evidence
The quality of the medical evidence can significantly influence brain injury settlement amounts.
Insurance companies closely examine information including:
- Expedientes de urgencias
- Evaluaciones neurológicas
- Pruebas neuropsicológicas
- Brain imaging studies
- Treating physician opinions
- Rehabilitation records
Having consistent documentation often strengthens a claim. Conversely, gaps in treatment or inconsistent reporting may provide insurance companies opportunities to challenge the injury.
This is why we always recommend seeking prompt medical care after an accident, even if you believe you are feeling all right.
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The availability of objective evidence
One challenge in brain injury litigation is that traditional MRI and CT scans may appear normal even when a person has suffered a significant concussion.
That doesn’t mean the injury isn’t real.
Today, doctors may use advanced testing and specialized evaluations to help identify cognitive deficits and other signs of brain dysfunction. The stronger the objective evidence, the more difficult it becomes for insurance companies to dismiss the injury.
RELATED:When “normal” isn’t normal: Updated guidelines help lawyers win traumatic brain injury settlements
Before-and-after evidence
Some of the most persuasive evidence in a brain injury case comes from the people who know the victim best.
Family members, friends, coworkers, supervisors, and spouses can often describe changes that occurred after the accident. These “before-and-after” stories help paint a picture of how the injury affected the victim’s life.
In many cases, this evidence becomes critical when negotiating a brain injury settlement amount or presenting a case to a jury.
The amount of available insurance coverage
Even a very strong brain injury claim may be affected by the amount of insurance available. Potential sources of recovery may include:
- The at-fault driver’s liability insurance
- Commercial trucking insurance
- Employer insurance policies
- Umbrella policies
- Uninsured/underinsured motorist coverage
A thorough investigation is often necessary to identify all available sources of compensation. Experienced brain injury attorneys know how to uncover policies and coverage that accident victims may not even realize exist.
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Whether liability is disputed
Settlement value is also affected by the strength of the liability case.
If it is clear that another party caused the accident, insurance companies may be more willing to negotiate. However, if liability is disputed, the insurer may reduce its settlement offer or refuse to negotiate fairly.
The stronger the evidence of fault, the stronger the settlement position.
How comparative fault can affect a settlement
Texas follows a modified comparative negligence system.
If an injured person is found partially responsible for the accident, their compensation may be reduced by their percentage of fault. For example, if damages total $1 million and the victim is found 20% responsible, the recovery may be reduced to $800,000.
However, if the injured person is found to be more than 50% at fault, they may recover nothing.
Insurance companies frequently attempt to shift blame to injured victims. An experienced brain injury attorney can help counter these arguments and protect the value of the claim.
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How Tom Crosley helps maximize brain injury settlements
Brain injury cases require a unique combination of legal experience, medical knowledge, and trial skill.
Tom Crosley has dedicated a significant portion of his practice to representing people with traumatic brain injuries. He regularly works with neurologists, neuropsychologists, neuroradiologists, rehabilitation specialists, economists, and life care planners to fully understand the impact of a client’s injury.
At Crosley Law, we don’t simply ask what your medical bills are today. We ask larger questions:
- How has this injury changed your life?
- What treatment will you need in the future?
- Will your career be affected?
- How has the injury impacted your family?
- What challenges will you face years from now?
These questions often reveal damages that insurance companies initially overlook or undervalue.
Every brain injury case is unique
There is no average brain injury settlement. The value of a claim depends on the specific facts, medical evidence, long-term consequences, and available insurance coverage involved.
What remains consistent is this: brain injury victims deserve compensation that reflects both their current losses and their future needs. We always fight for the compensation our clients deserve. Several of our success stories include:
- $30 million for the family of a small child who suffered brain injuries after falling out of a defective and not-to-code window
- $1.25 million for a crash victim who suffered a mild TBI in addition to spinal injuries and fractures
- $329,000 for a crash victim after we worked with experts to determine the full consequences of her TBI
- $900,000 for a father with persistent post-concussive symptoms after a crash
Please note that these results are not guarantees of the brain injury settlement amounts you may receive for your case. We can discuss the details of your case during a free consultation.
Contact the San Antonio brain injury lawyers at Crosley Law
If you or a loved one suffered a traumatic brain injury in a car accident, truck accident, workplace incident, or another serious accident, contact Crosley Law today.
Our team understands the complex medical and legal issues involved in brain injury cases, and we can help you pursue the compensation you need to move forward with confidence. Request a free consultation today to learn more about your rights and options.
El contenido proporcionado aquí es solo para fines informativos y no debe interpretarse como asesoramiento legal sobre ningún tema.
