Settlement FAQs

what is a fair settlement for a concussion

by Vernice McGlynn 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.

Full Answer

What is a car accident concussion settlement?

They can help you get the amount of compensation that you deserve. 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.

How do I look at concussion accident settlements?

Our car accident attorneys have handles scores of cases for clients with concussion injuries. This page looks at concussion accident settlements by looking at average compensation payout for these head injuries and look at verdict and settlement amounts in previous lawsuits where the victim had a concussion.

How much is a settlement for post concussion syndrome?

Maximizing the Value of Post Concussion Syndrome Settlement in Your Personal Injury or Motor Vehicle Accident Case. Settlements and verdicts in post-concussion syndrome cases involving headaches, cognitive deficits, and depression, anxiety, and PTSD can exceed one million dollars.

What is the average value of a concussion lawsuit?

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 a settlement value of $125,000 or more.

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Can you get 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.

How much does a concussion cost?

The total cost of concussion care in the study population was $115,214.40, resulting in an average cost of $800.10 per concussion. The ED or an urgent care clinic was utilized by over a quarter of the cohort (27.8%) at $687.86 per use, and 80.5% of these visits occurred within 1 day of the initial injury.

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.

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 does a CT scan cost concussion?

The costs of diagnosis and treatment can be expensive. An MRI can cost around $3,500 and a CT scan can cost about $1,500. Visiting the emergency room can also cost several thousand dollars.

How long does it take to settle a brain injury case?

How long does it take to settle a brain injury lawsuit (TBI claim) Brain Damage lawsuit? The average TBI lawsuit will settle in 2 years timeframe, but can be slightly longer with someone who has a permanent disability.

What is the compensation for a TBI?

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.

How much disability do you get for TBI?

If the Veteran's TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating. If the highest level of severity is a 3, then the disability rating will be 70 percent. If the highest level of severity is a 2, then 40 percent will be assigned.

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.

What can a neurologist do for post-concussion syndrome?

A neurologist can rule out alternative causes of your symptoms. They can order imaging to see if there's evidence of any other undiagnosed problem within the brain. A CT scan could detect evidence of a previously undiagnosed skull fracture, bleeding, a brain tumor, or evidence of a stroke.

How serious is post-concussion syndrome?

PCS refers to symptoms that begin minutes, hours, or days after a concussion and don't resolve within a few months. PCS gets better with time and treatment, and in most cases eventually resolves completely. CTE is a progressive degenerative brain disease caused by head impacts.

How long does a concussion last?

Each concussion in each person is somewhat unique and so is their recovery timetable. In general though, most concussion symptoms resolve within 14 to 21 days. However, undiagnosed, unrecognized or poorly treated concussions can delay your recovery – increasing it from the typical two weeks to months or even longer.

How much is a TBI 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. Most victims are going to need the maximum compensation amount that's available.

Can a minor car accident cause a concussion?

A head injury in a minor car accident can lead to post-concussion syndrome (PCS), a “set of complaints that a person experiences for weeks, months, or sometimes years after a concussion.” PCS symptoms can include: headaches, dizziness, fatigue, irritability, insomnia, cognitive issues, noise sensitivity, ringing in ...

How long does it take to get over a mild concussion?

How long does it take to recover from a mild concussion? The average recovery time after a concussion has been estimated to be between 16 and 29 days. Most people recover in 2-4 weeks. An estimated 20% of people need more than 6 weeks to recover from persistent symptoms of concussion.

How Much Is the Average Settlement for a Concussion Stemming from a Car Accident?

On the low end, the financial compensation you may receive as part of your concussion settlement is around $20,000 to $30,000. That’s assuming your injuries are relatively minor, and you’re not suffering any adverse effects from the concussion long-term.

How much compensation can you get for a concussion?

Compensation for plaintiffs who are suffering from the more serious effects of a concussion can easily surpass $100,000. Consult with a doctor and a lawyer after your accident to ensure that you get the proper amount of compensation.

What Are the Symptoms of a Concussion?

According to the Mayo Clinic, the symptoms of a concussion include headaches, fatigue, dizziness, and blurry vision. Those are symptoms that can also be indicators that you had a long day at work.

How Is Compensation Calculated?

The monetary awards given to plaintiffs in civil cases are known as damages, and there are two kinds of them.

How long does a concussion last?

The dizziness and headaches that are closely associated with concussions only last for a few weeks or around three months at most. Unfortunately, some individuals diagnosed with a concussion must deal with those symptoms way longer.

What happens if you have a concussion and still have headaches?

If you’re still experiencing headaches and bouts of dizziness from time to time, even though it’s been a long time since the accident, you must account for that. You likely have post-concussion syndrome, and the compensation you seek must cover that diagnosis.

Why should you settle a car accident?

One of the main reasons why you should do everything in your power to secure a fair car accident concussion settlement is because the effects of your brain injury could linger for months and years. Listed below are some of the more common complications caused by concussions.

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.

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.

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.

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.

What are the rights of a car accident victim?

Like any victim of a car accident, a crash victim who suffered a concussion will often have the right to take legal action for damages against anyone whose unreasonably dangerous decisions or actions caused the crash.

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.

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.

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.

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.

How much does a concussion lawsuit cost?

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. Looking at sample concussion settlements and verdicts, you will see that the ranges of settlement values and verdicts range wildly.

What is a concussion?

A concussion is a type of traumatic brain injury (TBI) that results from a sudden, forceful impact, hit or jolt directly to the head. In addition to direct head impacts, concussions can also result from a sudden collision to the body triggering reactive movement of the head and brain in a rapid back and forth motion.

What happens if you have a concussion?

Although a concussion is not a dangerous or life threatening injury, complications can arise in some cases and potentially lead to a hematoma. A hematoma is buildup or pooling of blood in the head just outside the brain. Hematomas can sometimes occur after a concussion when blood vessels are ruptured. The blood pool can put internal pressure on the brain and cause serious injury. Potential signs of a hematoma and other serious complications resulting from a concussion include: 1 The pupil in one eye is noticeably larger than the other eye 2 Not able to stay awake or difficulty waking up 3 A persistent headache that seems to get worse or more intense over time 4 Shaking or involuntary convulsions with continuous nausea and vomiting

What is the most common brain injury in a car accident?

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 motor vehicle crash. The sudden impact of an auto accident can cause the brain to bounce around inside the skull resulting in a concussion. Settlements & Verdicts for Concussions.

What is the most common type of brain injury?

Brain injuries can range from mild to severe. The most common type of mild brain injury is a concussion. Concussions can be caused in car accidents by an impact to the head. But you can also suffer a concussion from the whiplash motion that makes your brain bounce or twist inside your skull.

What is the best way to evaluate a concussion?

At a hospital, doctors can perform a CT scan and other diagnostic imaging tests to evaluate the extent of your concussion and check for other damage to the brain.

How long does it take to feel concussion symptoms?

In some cases, the person will feel perfectly fine at first and not experience any physical symptoms until hours or even days later . Listed below are the symptoms commonly associated with concussions, appearing in order of frequency:

How Do I Calculate My Concussion Settlement Amount?

Here's the truth: there is no way to calculate your concussion settlement amount accurately. There is no fancy calculator to determine the settlement offer value for any type of accident or car crash.

How are Concussions Caused?

Any physical assault to the head and brain has the potential to cause a concussion. Motor vehicle accidents. Falls at work. Contact sports, most familiarly. Concussions are typically the result of some sort of accident — often an auto accident or car accident.

What are the Common Signs and Symptoms of a Concussion Injury?

A concussion is one of the most common types of brain injury; this type of head injury is categorized as a traumatic brain injury (TBI). The severity of a concussion can range from mild to severe.

What Kinds of Damages Can I Receive for a Car Accident Concussion?

Compensation for concussions usually takes the form of a single lump settlement. Still, in some cases, punitive damage s may be awarded. If you're an accident victim and have suffered a concussion or severe head injury, you stand to receive compensation for economic and non-economic damages, including:

What are the most common brain injuries?

Common Types of Brain Injuries Suffered in Car Accidents 1 Concussion – This is the most common type of brain injury, often caused by whiplash. 2 Contusion - Contusions are bruises that form on the brain itself, often caused by violent impact to the back of the head. Extensive contusions may need to be surgically removed. 3 Coup-Contrecoup — A coup injury occurs under the site of impact with an object. A contrecoup injury occurs on the side opposite the area of impact. Both are types of brain contusions. 4 Diffuse-Axonal Injury — This injury may be caused by strong rotation of the head and causes extensive tearing of nerve tissue throughout the brain. 5 Penetration — Often the result of a violent crash, penetration refers to any foreign objects (broken glass, metal fragments, etc.) that forcefully penetrate the skull and into the brain.

How long does it take to recover from a concussion?

Typically, the recovery period lasts two to four weeks. Left untreated, injuries tend to get worse, and symptoms increase in severity over time. The same is true for concussions.

What is the most common type of injury that can happen in a car accident?

You see, head injuries are among the most common and most dangerous types of injuries that can happen during a crash or accident. Accidents happen every day, but if you suffer a concussion due to someone else's negligence, then it's in your best interest as an injured person to fight for your right to seek compensation for your damages and losses.

What is a concussion?

Often referred to as concussions, a traumatic brain injury is defined as an injury to the head and brain that is usually caused by a violent blow, jolt, or penetration of the brain tissue. Injuries from concussions range from mild to severe and can affect the victim temporarily or result in long-term complications and death. Symptoms of concussions include psychological, cognitive, physical, and behavioral changes that you should look for after an accident.

What are noneconomic damages?

Noneconomic damages include payment for the intangible harms caused by a concussion injury, such as loss of enjoyment of life, disability, disfigurement, pain and suffering, and emotional distress caused by the effects and complications of the injury .

What is the Average Settlement Amount for Post-Concussive Syndrome?

Determining the average settlement amount for post-concussive syndrome cases is difficult. Some of you may have to deal with its symptoms long-term, while others will experience the resolution of symptoms within a few months or a year.

When is the Best Time to Settle a Post-Concussion Syndrome Case?

Post-concussion syndrome may affect your ability to work and enjoy life for a long time. That’s why I recommend waiting at least one year to settle your brain injury case. You can – and should – file a claim for workers comp benefits or a civil action within the applicable statute of personal injury limitations. But don’t settle that quickly.

What is Post-Concussion Syndrome?

Most concussion symptoms resolve completely within two to three weeks of the accident, with the rest going away within one to two months with proper treatment.

How Common is Post-Concussion Syndrome after a Work-Related Accident or Car Crash?

Unfortunately, post-concussion syndrome is a common result of cerebral concussion.

How Long Does Post-Concussion Syndrome Last?

There is no rule for how long post-concussion syndrome symptoms will last after your auto accident or work-related injury.

What are Common Defenses Raised by Insurance Companies in Post-Concussion Syndrome Cases?

Winning a personal injury or workers comp case involving post-concussion syndrome and post-traumatic headaches is complicated, but possible. The claim adjuster or defense attorney for the insurer or claim administrators, such as Sedgwick or Gallagher Bassett, will argue that you are not entitled to the benefits or money you seek because the injuries aren’t visible. But you can overcome this.

Why do doctors disagree about post-concussion syndrome?

Medical may disagree about whether you have post-concussion syndrome because the symptoms of this medical condition are similar to symptoms of other medical conditions.

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