Suffered a traumatic brain injury? Call Fadduol, Cluff, Hardy & Conaway, P.C. today for a free case review: (806) 763-9377
Quite often, a traumatic brain injury (TBI) causes life-altering disabilities that make daily living difficult. Sometimes, the full impact of these injuries doesn’t become apparent for months or even years after the accident.
If you or a loved one has sustained a traumatic brain injury, you’re probably comparing your case to other TBI lawsuit settlement amounts in Texas.
Since every case has unique circumstances, you shouldn’t rely on estimates you find online. Instead, you should hire a personal injury attorney who knows how to value the individual aspects of your claim.
Accidents that Often Lead to Traumatic Brain Injury
While car accidents are one of the most common causes of traumatic brain injuries, other situations may lead to similar injuries. This includes medical malpractice, workplace incidents, and slip and fall accidents.
Unfortunately, victims of TBI usually develop neurological issues which require constant care, either at home or at patient centers. Currently, there is no cure for traumatic brain injuries, making them some of the most serious personal injuries.
What Is the Average Settlement for a Traumatic Brain Injury?
Every brain injury comes with unique challenges for the victim. Whether it’s permanent disability or moderate difficulties with day-to-day tasks, brain injuries range from minor to severe.
For this reason, it’s nearly impossible to calculate an average for TBI car accident settlements. Numerous considerations go into determining the value of a TBI case.
In addition, many TBI lawsuit settlement amounts in Texas are confidential, making any average estimate unreliable. Ultimately, the best way to determine the true value of your TBI case is to speak with an experienced personal injury attorney.
Is a TBI Settlement Calculator Accurate?
Despite their prevalence, online calculators for potential TBI settlements aren’t accurate. One of the biggest limitations of an online calculator is the inability to calculate non-economic damages. These damages are incredibly subjective and vary widely from case to case.
For example, if your injury prevents you from enjoying previous hobbies or makes basic physical movement difficult, a TBI settlement calculator won’t be able to properly take that into consideration.
Factors that Influence TBI Lawsuit Settlements
In Texas, victims of traumatic brain injuries may pursue both compensatory and punitive damages.
Compensatory damages are the most common and include both economic and non-economic losses. These losses are one of the most important factors in determining TBI lawsuit settlements amounts in Texas.
TBI Settlement Damages
Economic damages, also known as special damages, are the financial losses incurred by the victim due to their brain injury. While this most often includes bills for medical treatment, it also covers other losses such as:
- In-patient care,
- At-home care,
- Property damage,
- Lost wages, and
- Lost earning capacity.
These damages are somewhat easier to calculate than non-economic damages since they often have set costs. For example, many attorneys determine economic damages by adding all receipts and bills related to the injury.
Non-economic damages are the intangible losses sustained by a victim. These types of damages don’t have an assigned dollar figure. In other words, these losses don’t necessarily have an economic cost, but a physical or emotional one. This typically includes things like:
- Mental anguish,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium for a spouse, and
- Pain and suffering.
There are a few different ways an attorney may calculate non-economic damages, and this is the reason it’s not advisable to rely on an online calculator to reach an estimate.
While individual attorneys may have their own specific formula, they usually assign a multiplier to the economic damages or determine a per-day cost to calculate non-economic damages.
Punitive damages are relatively rare in personal injury cases, but they do affect the overall settlement.
The court reserves these damages for cases where the defendant acted with gross misconduct, whether negligently or intentionally. The purpose of punitive damages is to punish the defendant for their behavior and deter similarly egregious conduct in the future.
How Long Do I Have to File a Claim?
In Texas, victims have a limited amount of time to file a traumatic brain injury lawsuit. According to CPRC § 16.003 (Texas Civil Practice and Remedies Code), victims have two years from the date of injury to bring a personal injury claim.
However, this only applies to lawsuits against private parties. If a government employee or agency causes your injury, you may only have six months to file a claim.
If you fail to file your claim within the statute of limitations, chances are the court won’t hear your case. This is why it’s important to retain an experienced Texas personal injury attorney who can ensure that deadlines are met.
Benefits of Hiring a Lawyer for Brain Injury Settlements
Texas allows victims to pursue a personal injury claim with or without the help of an attorney. However, having a skilled attorney representing you for your case is ideal if you sustain a traumatic brain injury.
At FCHC, our attorneys have more than 35 years of experience fighting for victims of life-changing personal injuries. When it comes to traumatic brain injuries, there is a lot at stake, especially if the injury results in permanent disability.
To receive brain injury settlements compensation, a victim must successfully demonstrate the defendant’s negligence. This often requires an extensive investigation into the incident.
Our attorneys help gather the evidence you need for your case, whether it be photographs, video, witness testimonies, accident reports, or medical records. We also negotiate with the insurance company and always plan for the case to go to trial if the at-fault party doesn’t want to cooperate.
Call FCHC Today to Speak with a Traumatic Brain Injury Lawyer
Traumatic brain injuries are some of the most devastating and severe injuries a person can sustain. As a result, many individuals and families struggle physically, emotionally, and financially when it happens.
Our attorneys will stand up for your rights and help pursue the compensation you need to recover. We offer free consultations and proudly serve clients throughout Texas from our offices in Odessa and Lubbock.