Settlement FAQs

how much can you get from a concussion settlement

by Prof. Nakia Batz Published 3 years ago Updated 2 years ago
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How Much Compensation Will I Get For A Concussion Case? The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (those involving continuing complications) may have an average settlement value of $125,000 or more.

Concussion settlement amounts can be for as little as around $20,000 or as much as more than $500,000. The amount will mainly depend on the severity of the concussion. Those that cause traumatic brain injuries (TBIs) require far more compensation than those that have few complications.Jun 11, 2022

Full Answer

What is the value of a concussion settlement?

A CONCUSSION SETTLEMENT AMOUNT DEPENDS ON THE FACTS OF THE CASE. A concussion settlement amount can vary widely from several thousand dollars to hundreds of thousands of dollars, depending on the unique facts of the case. There is no one universal answer to this question.

What is the average concussion settlement?

There is no average settlement value for a concussion in a car accident, as these cases can be quite different in terms of how they affect an accident victim’s health and their wallet. However, the total cost of treating your injuries will be a major consideration when your case’s value is established. Other factors that help determine your case’s worth are the ways they’ve affected your life, such as your ability to work in the short and long term.

What is the average personal injury settlement amount?

The average settlement amount for personal injury cases is anywhere between $3,000-$75,000. You must also consider the quality and skill of the attorney you use to ensure they have the legal qualifications and skills necessary to represent your case. While there are outliers to this average, with some cases earning millions of dollars, the bulk ...

Is there a minimum personal injury settlement amount?

Q: Is there a minimum personal injury settlement amount? A: No, there is no minimum or maximum settlement amount in personal injury cases (although some state laws limit the amount of damages you can be awarded by a judge or jury in certain kinds of lawsuits). Every case depends on its own unique set of facts.

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What is the average payout for a concussion?

between $20,000 to $80,000How Much Compensation Will I Get For A Concussion Case? The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (those involving continuing complications) may have an average settlement value of $125,000 or more.

How much money can you get from a head injury?

A general estimate is that most brain injury cases generally settle for around $100,000 at the minimum. Due to the brain's highly sensitive nature and how impactful injuries to it are, it is not uncommon to see TBI claims settle in excess of several million dollars.

Can you claim for post-concussion syndrome?

Can You Sue for Post-Concussion Syndrome? Yes, you can sue for post-concussion syndrome. People most often seek legal assistance from an attorney when the culpable party's insurance company isn't forthcoming with the help they need.

How do you prove a concussion in court?

A traumatic brain injury is most often proven in court with (1) medical documentation, (2) testimony of witnesses, and (3) expert witness testimony. Medical documentation might include x-rays, cat scans of the brain, and MRI scans.

How much is a mild TBI worth?

Brain Injury Severity & Average Settlement Amounts Even concussion mild-traumatic brain injury settlements can exceed $1,000,000. And cases involving severe Traumatic Brain Injury (TBI) can exceed $10,000,000 under circumstances where the injured party has extensive life care and medical treatment needs.

How much is a mild traumatic brain injury worth?

The California-based Centre for Neuro Skills tells us that over a lifetime, a mild brain injury may cost over $85,000, a moderate TBI can cost $900,000, and a severe brain injury can cost $3 million.

Is a concussion a disability?

Generally, a mild concussion does not qualify a person for disability benefits, but some people who suffer mild concussions (traumatic brain injuries, or TBIs) are approved for disability under a medical-vocational allowance.

Can I claim compensation for concussion?

concussion can lead to long-term suffering. Anyone who has sustained concussion injuries that were caused by a third person's mistake or negligence may be entitled to compensation for their injuries.

What is a long-term concussion?

Persistent post-concussive symptoms, also called post-concussion syndrome, occurs when concussion symptoms last beyond the expected recovery period after the initial injury. The usual recovery period is weeks to months. These symptoms may include headaches, dizziness, and problems with concentration and memory.

How do you prove a head injury?

Medical Tests to Prove a TBI Happened A computerized tomography scan (CT scan) uses X-rays to create a complete picture of your brain. It could show bleeding, bruised tissue, and other damage. Magnetic resonance imaging (MRI) uses powerful magnets and radio waves to create images more detailed than CT scans.

Can you sue if you get a concussion at work?

Now you're asking, “Can I sue for a concussion?” The answer to the question is yes, you can sue for damages provided you can show proof of injury and that the blow to your head was the result of negligence, even if the concussion was mild.

How much is the payout for a head injury workers Comp California?

Recovering Compensation for a Workplace Concussion The average workers compensation concussion settlement ranges between $50,000 to $105,000. Even higher compensation amounts may be available for long term symptoms and related effects on the affected worker's life.

How much is a skull fracture worth?

Skull fractures are severe injuries. The statistics on skull fracture settlements and verdicts support this. In my experience, the average settlement amount for a skull fracture injury is more than $100,000.00, with fractures resulting in permanent brain damage being worth up to $1 million or more.

Can I sue my employer for a head injury?

In the state of California, if you have suffered a head injury as a result of employer negligence or other work-related factors, you are entitled to seek workers' compensation which provides wage loss and medical coverage.

What should you do if you hit your head at work?

For Employers. If an employee gets a head injury at work, it's important to get them immediate concussion treatment and work with them to file a workers compensation claim. Refer to The Occupational Safety and Health Administration (OSHA) for specific standards you must follow to ensure workers' safety.

How Much Compensation Will I Get For A Concussion Case?

The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (thos...

Can You Sue For A Concussion?

Yes. A concussion is a serious injury to the brain and if it was caused by someone else’s negligence you can bring a personal injury suit . Concus...

How Do You Prove You Have A Concussion?

Unlike other types of injuries, such as bone fractures, there is no single definitive test used to diagnose whether someone has suffered a concussi...

Are Concussions Common In Car Accidents?

Yes. A concussion is one of the most common of all injuries that frequently result from car accidents. It is the most common brain injury in a mo...

What is a Concussion?

A concussion is another term for a type of traumatic brain injury. Concussions can range from mild to severe, with symptoms that include headaches, dizziness, loss of consciousness, memory loss, nausea, vomiting, mood swings, personality changes, confusion, and clumsiness.

How Our Office Can Help

The skilled injury attorneys at Kapuza Lighty start building the best possible case for compensation the moment we are hired by a client. Our lawyers review all of the evidence of the accident and our investigators speak with everyone who witnessed what occurred.

Call or Contact Us Today

There is no need for you to suffer through a concussion injury any try to handle your personal injury case at the same time. Call the office or contact us today at Kapuza Lighty in Yakima to speak with an experienced personal injury attorney about your claims and learn more about your legal options after suffering a concussion injury.

What is a concussion settlement?

A concussion is a type of traumatic brain injury that frequently occurs during a car crash. The concussion settlement value depends on a number of factors. Concussions vary from mild to severe, impacting the cost of treatment and how long it takes to get well. If another driver is at fault for your concussion, you have the right to pursue ...

How to recover from a concussion?

For most people with a concussion, rest is the best medicine. It gives the brain time to recover. During the period of treatment, you will need to avoid activities that increase your symptoms. You may be unable to return to normal activities, including those that you do at your job, for weeks or months.

When Should I File a Personal Injury Lawsuit?

There are two ways that you can do this; by filing a personal injury claim with the other driver’s insurance company, or by filing a personal injury lawsuit against the other driver. The latter is usually considered the last resort unless the policy isn’t adequate to cover your damages.

What happens if another driver is at fault for a concussion?

If another driver is at fault for your concussion, you have the right to pursue compensation through a personal injury claim. The seriousness of your concussion and the types of damages you claim will determine how much compensation you get from your claim.

What tests are done to check for concussion?

They will check your reflexes, balance, hearing, and vision. Since concussion often impacts memory and concentration, they may perform tests to evaluate these cognitive skills. MRI or CT scans provide images for those with severe symptoms to indicate swelling or bleeding inside the skull.

How are concussions graded?

Concussions are graded according to loss of consciousness and the loss of memory. Grade I: Grade I is a mild concussion. With a Grade I concussion, you won’t lose consciousness or have amnesia at all, or for less than thirty minutes. Grade I: Grade II is a moderate concussion.

How long does post concussion syndrome last?

The condition can last anywhere from weeks to months. It doesn’t occur in everyone who gets a concussion and it’s often more severe in those with previous head trauma.

How to get a settlement for a concussion?

Like any accident that is another person’s fault, getting a car accident concussion settlement depends on your ability to prove the other person is responsible. Depending on your state, you may not have to be 100% at fault to collect compensation. Sometimes this makes it even more difficult to prove fault. You can expect the lawyer representing the other driver to argue that you are at least partially at fault for the car accident. You can definitely expect the insurance adjuster from the other driver’s insurance company to point the finger at you. In fact, insurance companies often resort to all kinds of tactics to pay less or not to pay at all.

What is a concussion settlement?

Car accidents are a common cause of concussions, a type of opens in a new window traumatic brain injury (TBI). A number of factors come into play when you begin to negotiate a car accident concussion settlement. Concussions vary a great deal in severity. The cost of treatment and the length of time it takes to heal will affect your settlement.

Who Can Get a Car Accident Concussion Settlement?

When you receive an injury that is another person’s fault, it is called a personal injury. It is an injury to your body, and it is separate from property damage claims. If someone else was at fault for the car accident that caused your concussion, you have the right to collect compensation.

What is the goal of a car accident settlement?

The goal of your car accident concussion settlement is to get enough to achieve as near the same quality of life as possible that you had prior to the accident. Now that research has proven the connection between concussion and the development of dementia later in life, there’s even more potential damage to worry about.

How does a concussion affect the brain?

The damage occurs when the motion causes the brain to move quickly back and forth inside the skull. The movement causes chemical changes in the brain and it sometimes damages brain cells. Although a doctor might diagnose a concussion as mild initially, it can have lasting and serious effects. The impact of a car accident can cause a concussion ...

How long does a concussion last?

Medical treatment that lasts for months or even years can be substantial. Once you are diagnosed with a concussion, the next step is to hire a personal injury attorney.

How long does it take to recover from a concussion?

Some people recover from a concussion after a few weeks or months. Others take a year or more. For some, the effects are broad and long-lasting. You may have chronic pain and continual suffering. Your outward symptoms may cause you humiliation and embarrassment and have a negative impact on your reputation. If your relationships suffer as a result, you or your loved ones might have the right to sue for loss of consortium.

South Carolina Compensation for a Concussion

The amount of compensation you could get in a concussion case will depend on the other party’s negligence and your losses. If your concussion could have been prevented and happened due to someone else’s negligence, you are entitled to compensation.

How to Win a Concussion Case

When you are suing for compensation for a concussion or filing a claim, you may find some resistance in the legal community on the other side of your claim. That is because a concussion is rarely an open wound that can be proven in court.

Contact an Experienced Concussion Attorney

Contact an experienced South Carolina concussion attorney right away when considering a concussion claim or lawsuit. We will fight for your rights to the damages you’ve experienced as a result of this trauma.

What happens when you get a settlement for a head injury?

In an accident injury settlement, we add the value of all of your injuries from the wreck together to reach a lump sum case value. If you sustained injuries in addition to the concussion, they may increase the expected settlement amount of your claim.

How long does a concussion last?

Post-concussion syndrome is not limited to football players. Sometimes the brain injury symptoms that usually last only a few days in a typical concussion may linger for weeks, months, or longer — a condition known as post-concussion syndrome. Your risk of developing post-concussion syndrome is the same, whether you sustain a mild or severe concussion.

What is a concussion?

A concussion is a traumatic brain injury that may prevent your brain from being able to function normally. Usually, the impaired function is temporary, but sometimes people experience long-term consequences from this type of head injury.

How long does it take for a head injury to cause headaches?

Depending on the severity of your traumatic head injury, you might experience headaches for weeks or months after the accident. This result may be more likely if you have sustained previous head injuries. Noise and light sensitivity from the brain injury can inflict pain on the victim as well. A person who suffers chronic headaches or other pain may have a higher claim settlement value than someone who does not have those symptoms.

What happens to the brain after a concussion?

Although medical science still has a great deal to learn about this devastating condition, experts speculate that post-concussion syndrome happens when the concussion damages the structure of the brain or disrupts the messaging system within the nerves.

Do concussions cause you to lose consciousness?

Contrary to popular belief, most concussions do not cause the victim to lose consciousness. The typical effects of a concussion include headaches and difficulty with:

Is it a medical emergency to have a concussion?

Every head injury should receive prompt medical attention. Even if you already had a medical evaluation for your concussion, it is a medical emergency if you develop any of these symptoms, whether right away or days after a concussion from a car accident:

How do you know if you deserve compensation for a concussion?

The severity of the victim’s concussion symptoms and the prognosis for recovery. The more severe and long-lasting the concussion symptoms, and the more profound their impact on the victim’s life, the more money a victim ought to receive as compensation. Concussions, however, can be tricky to evaluate and predict. Symptoms can come-and-go, or can evolve. Lawyers for car accident concussion victims will often rely on expert assessments of a client’s progress to determine when and whether to recommend settling a case for a given amount of money.

How much should a lawyer accept for a settlement?

These factors can influence a lawyer to recommend accepting a settlement offer of, say, $100,000 in one case, while recommending rejecting an offer for $1 million in another.

What is a settlement agreement?

A settlement is an agreement between the car accident concussion victim and the party with legal liability for the victim’s injuries and losses. In a typical car accident settlement agreement, the victim will agree to release the party from liability in exchange for the party paying the victim an agreed amount of money in a lump-sum or over time.

Why do insurance companies offer quick cash for concussion victims?

Defense lawyers and insurance companies often make these offers in hopes of catching a car accident concussion victim in an emotionally, physically, and financially vulnerable moment when the idea of some quick cash sounds appealing. These offers are commonly designed to entice victims to jump at the payment before realizing just how much money they should receive for their injuries and losses.

What are the damages for a car accident?

Every lawsuit has its own unique features, but in general, the lawsuit may seek recovery of damages from the legally liable parties and their insurance companies for: 1 Medical expenses related to the treatment of the victim’s car accident concussion, including emergency care, hospitalizations, long-term therapy, doctor visits, medication, and medical equipment; 2 Non-medical expenses the car accident concussion victim incurred as a result of the concussion, such as the cost of hiring someone to help out around the house or with transportation while the victim recovers; 3 Lost income, both past and future, that the victim did not or will not earn because of the concussion, such as when the victim has to miss work or reduce work hours because of concussion symptoms; 4 Pain, suffering, and diminished quality of life and relationships caused by the concussion symptoms; and 5 In some cases, punitive damages that punish the party at-fault for extremely reckless or dangerous conduct.

How long do concussion symptoms last?

These symptoms can last months ...

Is a concussion considered a mild injury?

Concussions have an unwarranted reputation as “minor” or “mild” injuries. In fact, doctors sometimes refer to a concussion as a mild traumatic brain injury, or mTBI, which can mislead some people into thinking a concussion is no big deal. But, concussions can be a very big deal.

How much is a concussion lawsuit worth?

A qualified attorney who has experience in concussion injury cases will be able to give you some kind of number. A concussion lawsuit can be worth over $100,000 if you are out of work for some time or if the injury leads to other problems, such as a high sensitivity to light and sound and memory troubles.

How can a concussion lawsuit be valued differently?

How else can a concussion lawsuit be valued differently? Through the lens of different insurance companies. Insurance companies like AAA Insurance, Progressive Insurance, Geico Insurance, Mercury Insurance, CHUBB Insurance, Farmers Insurance, State Farm Insurance, and AllState Insurance all have different values for injuries. For example, AAA insurance might value a concussion head lawsuit differently from Mercury Insurance. If you interview a progressive insurance agent and ask them about the settlement value of a head concussion lawsuit and if you do the same for State Farm and Allstate insurance regarding the case worth of concussion injury lawsuits, you will get widely different answers. It depends on the company and sometimes even on the insurance adjuster with whom you’re speaking. An insurance adjuster from the same company may award different settlement amounts than his coworkers.

What happens if you have a concussion?

Repeated concussions can result in chronic traumatic encephalopathy, or CTE. This is a deterioration of the brain, leading to intense mood swings, instability, dementia, depression, and more. CTE is most common in athletes in full contact sports, such as boxers and football players. However, those who hold more streamlined jobs may develop the condition as well. Post-concussion syndrome can also rise up; victims of this condition suffer the symptoms of a concussion weeks or months after the injury. If you need to be recommended to a doctor for your concussion symptoms, contact our expert attorneys with experience handling concussion claims.

What are the different types of lawsuits?

In these three types of situations, three different types of lawsuits can be filed with differing types of compensation. A settlement value for one may be entirely different from the payout of another. All of them can pay out the costs of medical expenses, for instance, but a personal injury claim based on negligence in a car accident may allow you to receive pain and suffering damages and punitive damages as well. Worker’s compensation, on the other hand, does not cover pain and suffering. A medical malpractice suit may not get you as much money as the other two, as many hospitals and healthcare facilities have caps on the amount of compensation that can be given out.

What is the brain injury that causes a rattling sensation?

Concussion Information. A concussion is a type of brain injury that occurs from blunt force trauma, resulting in the brain rattling around inside the skull, even if just for a moment.

How to tell if you have a concussion?

Some symptoms of a concussion include: 1 Difficulty thinking, concentrating, or remembering 2 Headache and dizziness 3 Increase sensitivity to light and sound 4 Blurry vision 5 Nausea 6 Fatigue 7 Mood swings 8 Sleep troubles

How are settlement amounts determined?

Settlement amounts are determined by courts, judges, juries, attorneys, and insurance agents; as a result, no two cases are presided over by the same set of people. Further, no two cases are exactly the same, and should not be treated as such.

How much money can you get for a concussion?

The financial compensation you may receive from the at-fault party as part of your concussion settlement could be around $20,000 to $30,000.

How Are Injury Settlements Calculated?

Your insurance adjuster or personal injury attorney won't have an exact formula to calculate what your car accident claim could be worth.

How Much Does A Whiplash Injury Pay?

A whiplash injury is the result of a rapid, forceful movement of your head and neck.

How much does a car accident victim get paid?

In an "average" car accident case involving relatively minor soft tissue injuries like a neck or back injury, accident victims can expect to receive a settlement between $2,500 and $10,000 from the at-fault driver or their insurance policy.

What happens if you are injured in a personal injury settlement?

If you are injured, any medical costs will be added to your personal injury settlement.

How many people are injured in car accidents?

The World Health Organization estimates that up to 50 million people suffer car accident injuries every year, so you're not alone.

What to do if you have a physical injury in an automobile accident?

If you've suffered physical injuries in an automobile accident, make sure you move quickly after the accident.

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