This article explains how to pursue compensation for traumatic brain injuries (TBIs) in California. It details the types of damages you can recover, the importance of expert testimony, and the dangers of accepting low insurance settlements.

GJEL Accident Attorneys have extensive experience with TBI cases, securing substantial client settlements. If you or a loved one has suffered a TBI, contact GJEL for a free consultation to understand your legal options.

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A brain injury can severely impact a person’s life. Simply put, life may never be the same again. If you were in an accident where you were not at fault and sustained a brain injury, California law provides that you can be awarded damages to compensate you for your injuries. Your compensation will be tied to the extent of your injuries as well as to what your life was like before the accident.

Here is a recent $500,000 settlement GJEL received for our client, who suffered a brain injury. GJEL has recovered over 10 Million Dollars for brain-related injuries.

California traumatic brain injury settlement amounts can vary widely. Some mild traumatic brain injury cases may settle in the tens or hundreds of thousands of dollars, while severe or catastrophic cases involving permanent disability, lifelong care, or major lost earning capacity can reach several million dollars or more.

Understanding TBI Case Settlements

Proving what money damages you are entitled to can be complicated and is best handled by a lawyer who understands the different types of damages and the sophisticated methods used to determine an appropriate damage award. Damages must be proven in very specific ways. A judge or jury does not simply hear your case and assign a number it thinks is fair. Rather, evidence must be presented on a variety of topics. Even if you settle, you still must consider these types of damages.

In many California TBI claims, settlement value is shaped by the severity of the injury. Mild TBIs may involve concussion symptoms, short-term memory problems, therapy, and missed work. Moderate injuries often require longer recovery, cognitive rehabilitation, and may force a career change. Severe and catastrophic brain injuries can involve permanent neurological impairment, inability to live independently, 24/7 care needs, and a lifetime loss of earnings.

These are typical types of damages you may be entitled to:

  • Past and future medical expenses. Receipts can prove any related medical expenses you have paid for and are awardable. An expert will also estimate future medical expenses, which are also awardable. In a serious TBI case, these costs may include emergency care, hospitalization, neurological treatment, rehabilitation, cognitive therapy, prescription medication, assistive devices, in-home support, and even home modifications.
  • Past and future loss of income. Any income you lost because you could not work due to your brain injury can be awarded. An expert will testify to how much money you will lose in the future due to your inability to work. These calculations will vary based on your job and education. In higher-value cases, this may include a lifetime reduction in earning capacity if the injury prevents you from returning to the same job or from working at all.
  • Loss of consortium. If you are seriously injured and married, your spouse can bring a lawsuit for loss of consortium. This award is meant to compensate for the spouse’s loss of affection, companionship, and love after your accident.
  • Pain and suffering. This award is meant to address physical and, in some cases, mental or emotional pain. One factor that heavily informs the pain and suffering award is the amount of medical bills you have. Also, the nature of the injury is important. A pain and suffering award is usually higher if the injury involved disfigurement or was to a sensitive part of the body.

In California personal injury cases, pain and suffering damages are generally not capped in TBI claims, although different rules may apply in medical malpractice cases. Lawyers and insurers also often evaluate these damages in relation to the economic losses in the case, though every claim must still be supported by evidence.

In some rare cases, a judge or jury may award punitive damages. While the damages discussed above are meant to compensate a victim for his or her losses, punitive damages are meant to punish the defendant. Punitive damages are not always available.

Remember that any damage award could be reduced if you are found partially at fault. In California, if you are found to be partially liable, a judge or jury will assign a percentage of fault to you, and that amount will reduce your damage award.

California follows a pure comparative negligence rule. That means you may still recover compensation even if you were partially at fault for the accident, but your recovery will be reduced by your percentage of responsibility.

It is crucial to consult with the best brain and spine injury lawyer to ensure that you get all the monetary damages to which you are entitled. You need a lawyer to understand what such an injury will cost you decades to get an award that fully compensates you.

Why You Need an Attorney Before You Accept a Settlement Offer

As a TBI victim, it is critical to understand that the insurance company you are dealing with wants to settle the case for as little as possible. Insurance companies are in the business of making money and will pay out the minimum amount they can on claims in order to comply with their contractual obligations. The insurance company is not on your side and does not have to make you a reasonable settlement offer.

As a victim who has never been through this process, you are at a distinct disadvantage compared to the insurance company. They handle accidental injury claims daily and know how to get victims to admit partial fault or engage in tactics designed to stretch the process out so that claimants settle for less.

In addition, as a victim, you probably have little idea of what your case is actually worth. These combined factors can put you at risk of accepting a settlement offer far below what your case is worth.

Another issue is insurance policy limits. In some cases, the amount available in a settlement may be limited by the at-fault party’s insurance coverage, even when the injury is severe. When that happens, an attorney may look for additional sources of recovery, including your own uninsured or underinsured motorist coverage if it applies.

When you retain an attorney, he or she will thoroughly evaluate your case, determine what it may be worth at trial, and ensure that the insurance company treats you fairly. If it refuses, your lawyer can file a lawsuit and ensure you receive the full and fair value of your TBI claim.

Understanding the complexities of traumatic brain injury (TBI) cases is crucial for victims seeking fair compensation. This article highlights the various types of damages recoverable under California law, emphasizing the need for expert testimony and meticulous evidence gathering.

GJEL Accident Attorneys’ experience in securing substantial settlements for TBI victims underscores the importance of having skilled legal representation. By recognizing the long-term impact of TBIs and advocating for comprehensive compensation, GJEL ensures that clients receive the necessary support to navigate their recovery and rebuild their lives.

Navigating the insurance claims process after a TBI can be overwhelming, especially when faced with aggressive insurance tactics and low settlement offers. This article stresses the importance of understanding your rights and seeking legal counsel before accepting any settlement.

GJEL Accident Attorneys’ commitment to thoroughly evaluating each case and fighting for maximum compensation demonstrates their dedication to protecting TBI victims. Their ability to counter insurance company strategies and secure favorable outcomes highlights their expertise in handling these complex cases.

If you or a loved one has suffered a traumatic brain injury in California, don’t hesitate to seek legal assistance. Contact GJEL Accident Attorneys today for a free, no-obligation consultation.

Our experienced team will thoroughly evaluate your case, answer your questions, and fight for your rights. We understand TBI victims’ unique challenges and are committed to helping you secure the compensation you deserve. Let us help you navigate the legal process and ensure your future is protected.

Traumatic Brain Injury (TBI) Settlement Amounts

GJEL has recovered millions of dollars for clients injured by TBIs. We have recovered over $950 Million for our clients.

While there is no true “average” settlement that fits every case, California TBI claims are often valued based on injury severity, treatment needs, and the long-term impact on daily life and employment.

General settlement ranges often discussed in brain injury claims include:

  • Mild TBI: roughly $70,000 to $1,200,000
  • Moderate TBI: roughly $1,200,000 to $2,000,000
  • Severe TBI: roughly $2,000,000 to $3,000,000 or more
  • Catastrophic TBI: roughly $3,000,000 to $10,000,000 or more

These are not guaranteed values. They are broad estimates that depend on the facts of the case, the available insurance coverage, the strength of the evidence, and the victim’s long-term medical and financial losses.

It is also important to understand that workers’ compensation claims involving head injuries are often valued much differently than third-party personal injury cases. In general, workers’ compensation settlements tend to be far lower because the system limits the types of damages available.

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