Getting Compensation for Traumatic Brain Injuries: Step-by-Step Guide

A hand pointing to a laptop screen showing an anatomical illustration of a human head

Imagine waking up inside a hospital experiencing serious headaches, being paralyzed, having difficulty speaking, or even having trouble remembering who you are. These are just some of the impacts of traumatic brain injuries.

Statistics revealed that TBIs are among the main causes of deaths and disabilities in the U.S. Families of patients who are in a coma or can no longer move their entire bodies are left to deal with medical bills, long-term medical care needs, and lost wages—if they’re dependent on the TBI victims.

TBI is very challenging to deal with. But, if you understand your options, things could get a little easier. In this blog, we will discuss the common causes of TBIs, what you or your family can recover, the average compensation you can get, and other important details. Let’s begin.

What are Traumatic Brain Injuries?

Car accidents, slips & falls, workplace accidents, and other incidents can lead to head injuries. If overlooked, these injuries could get worse and lead to traumatic brain injuries. TBIs happen when an external force affects the brain’s normal function. Knowing what commonly causes these head injuries can help you avoid them.

How Do TBIs Happen?

These severe brain injuries usually happen because of sudden strong impacts. Among the main causes are the following.

Car Accidents

When a vehicle crashes, the head may hit the steering wheel, dashboard, windshield, or other hard parts of the car. Even a strong jolt can lead to serious brain injuries.

Slip & Fall

Aside from car collisions, sudden falls can also lead to TBIs. Serious slips and falls in public places, at work, or even at home can significantly damage your head, possibly causing trauma to the brain.

Extreme Sports

Extreme sports, such as hockey, football, boxing, and wrestling can also lead to TBIs. Why? Because they usually involve repeated impacts on different body parts—intentional or unintentional—such as the head. Some athletes suffer from concussions and other serious head injuries.

Assault or Violence

Violence or assault is among the leading causes of TBIs. If another person intentionally hits your head with a bat or elbows you in the face, they can cause serious damage to your brain.

What Damages Should You Recover for TBIs?

Having traumatic brain injuries can lead to financial crises. Fortunately, you and your family can recover damages to help ease the burden.

Medical Costs for Treatment and Recovery

Treatment and recovery for TBI are very expensive. Among the expenses you can recover are:

  • Emergency services, such as ER visits and ambulances
  • Diagnostic tests, including CT scans and MRIs
  • Procedures for swelling and bleeding and other surgeries
  • Speech, occupational, physical therapy, and other rehabilitation therapies
  • Assistive devices and prescription medications

If your TBIs are severe, these expenses can last for years.

Pain, Suffering, and Emotional Distress

Aside from expenses, you can also recover damages for emotional challenges that your TBI caused. These include anxiety, depression, emotional distress, etc. Your family can also get compensation for losses related to support or companionship.

Long-Term Care and Daily Living Expenses

Some victims suffer from TBIs for the rest of their lives. Because of this, the law allows victims to seek compensation for long-term medical care and daily living costs. These include home modifications, fees for live-in caregivers, medical visits, and therapies.

Lost Wages and Future Earnings

Victims recovering from TBIs need to leave their work for weeks or months. Others who are unlucky may even need to give up on their jobs because of coma or paralysis. TBI victims and their families can receive additional payments as compensation for lost wages and future earnings.

How Much Compensation Can You Claim?

The average traumatic brain injury compensation ranges between $700,000 and $1.2 million. However, the amount of compensation you can receive will depend on the severity of your TBIs.

  • Mild TBIs: $20,000 to $100,000 – expenses include short-term medical care and minor lost wages
  • Moderate TBIs: $100,000 to $1 million – expenses include extended medical care, therapy, and lost earnings
  • Severe TBIs: $1 million or more – expenses include lifelong medical care, assistance, and inability to work

When seeking compensation for traumatic brain injuries, many factors can affect how much you’ll recover. These factors include the types of brain injuries, whether daily activities or work are permanently affected, and how much your ongoing care is.

How To Get Compensation for Traumatic Brain Injuries?

It’s true that you can get tens, hundreds of thousands, or even a million dollars for TBI compensation. But, before filing a claim or a lawsuit, you or your family need to know the right steps to take before making any decision.

Get Medical Care

First, you need to check the severity of your TBIs. Seek medical care and have a thorough evaluation to document the injury. Follow all treatment recommendations of your doctor to show you’re taking recovery seriously. Missing any appointment or ignoring advice could affect your case. Need proper neurotrauma care? You can seek help from our trusted partner Neuro Trauma Centers.

Get a Brain Injury Lawyer

Hire a lawyer who specializes in TBIs. These legal experts can handle complicated claims, protect your rights, and guide you through the legal process. You can call 1-800-ASK-GARY® to match with the right attorney or lawyer.

Prove Who’s Responsible

If you want to get fair compensation, you need to prove who’s at fault. This could be a driver or the property owner. Gather evidence, such as police reports, witness statements, photos, videos, and doctors’ statements to strengthen your claim.

Seek Help From a Lawyer to File Your Claim

Once you’ve gathered enough evidence for your case, you can now file a claim with the other party’s insurance company. But, you’ll need help from a lawyer to do this. Once you find the right lawyer, give them all the medical records, police reports, proof of lost wages, and other needed documents.

Ask Your Lawyer if Lawsuit is Needed

First, try to negotiate with the other party to encourage their insurer to settle the damages. If they can’t agree or offer less than what you deserve, ask your lawyer if you need to file a lawsuit and take the case to court.

Need Help With Your TBIs and Claim?

If you’re a TBI victim or one of their families, you don’t have to experience the burden alone. Here at ASK-GARY®, we can refer you so you can receive proper medical care and legal assistance you need. Our helpline is available 24/7, making sure you’re accommodated any time of the day.

When dealing with TBIs, you need the right doctors, therapists, and brain specialists. 1-800-ASK-GARY® can connect you with medical experts experienced in traumatic brain injuries. Our team will also give you free legal referrals so you can find the right lawyer for your case. We will listen to your TBI case and make sure that everything is taken into account.Our network of skilled legal professionals will ensure that you get the compensation you deserve. Contact us today or visit our website so we can support you in your recovery.

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