What Damages Am I Entitled to for a Traumatic Brain Injury Caused by a Car Accident?

A traumatic brain injury, or TBI, can affect your life in many ways. You may have lingering pain or difficulties, including permanent disability. Your injuries could have prevented you from working while you were recovering, or you might not be able to return to work. A TBI can cause physical and mental pain and suffering; in some cases, it can affect your relationships and enjoyment of life. The specifics of your injury will tell us more about exactly what damages you’re entitled to.

What Is the Average Traumatic Brain Injury Settlement From a Car Accident?

It’s hard to give an average because these settlements vary widely depending on the injury’s severity and other damages included in the final award. Some people with TBIs recover fully after a few weeks, while others with more severe injuries may need round-the-clock care for life. In general, the more severe your injuries, the more damages you will have. If your injury caused a permanent disability or other effects on your life, you would likely qualify for a larger settlement.

Other Considerations That Affect Your Settlement

The amount of compensation for damages received can also vary due to other factors besides the plaintiff’s damages. In many car accident cases, the at-fault party and their insurance company claim the injured party caused or contributed to the accident. Georgia’s modified comparative fault laws allow for a distribution of fault between the two parties, with the lesser-responsible party being eligible to collect damages from a party that is primarily (more than 50 percent) at fault. But the award is reduced by the injured party’s percentage of responsibility, so if the insurance company can convince a jury that you were 20 percent responsible, you would lose 20 percent of the damages you were entitled to. (Most car accident cases do not go to trial, but the injured party’s perceived level of fault can still impact negotiations with the insurance carrier.)

This is why we recommend contacting an experienced Georgia car accident attorney as soon as you’re able after your accident. Our team will immediately go to work collecting evidence to prove the other driver was at fault and refute the other party’s claims.

Damages to Recover After a Car Accident

The specifics of your injury will tell us more about exactly what damages you’re entitled to, but here are some categories of damages your brain injury lawyer will discuss with you:

Medical Costs

Getting medical attention is crucial after a head injury, even if it seems mild. Some people may feel fine at first but develop severe complications later on. A doctor can run tests to screen you for a brain bleed or other potentially life-threatening complications so you can get treatment if necessary.

Unfortunately, medical care can also be expensive. An MRI or CT scan alone can cost thousands of dollars if your health insurance carrier decides it’s “out of network” or “unnecessary.” Treatment costs can quickly add up, too, especially if your injury caused you to spend time in the hospital. Medications, surgery, outpatient treatment or care, physical or occupational therapy – even with the best health insurance policy, your copays might be tens of thousands or more.

Your Georgia car accident lawyer will inquire about your current medical bills (it helps to have them handy) and ask if you’re still in treatment or receiving care. This is important because we don’t want to settle your claim without ensuring that your future care needs are also covered. We will estimate the amount needed if you have permanent injuries requiring continued treatment.

Lost Income or Earning Potential

In addition to mounting medical bills, you may also have suffered financial setbacks if your injury caused you to be out of work for days, weeks, or even months. Some people with TBIs develop permanent difficulties that prevent them from going back to work, such as language, speech, or movement challenges that would interfere with doing their job. If your TBI has caused you to lose time at work, either temporarily or permanently, you deserve compensation for your lost income. If you’re unable to return to work or to do the same job or work at the same pace as before, you’re also entitled to compensation for your lost earning potential.

Pain and Suffering

A TBI can cause intense physical pain and discomfort, with about 30 percent of patients suffering from headaches that persist long after their initial injury. Physical challenges such as difficulty with walking, talking, or movement may also be stressful.

Additionally, a TBI increases the risk of mental health challenges like depression or anxiety. One study found that Major Depressive Disorder (MDD) is much more common in people with a history of TBI than those without and that 33 percent of TBI sufferers were later diagnosed with MDD. Many also had co-occurring anxiety. These risks were higher for patients with a history of mental health issues before their head injury, but anyone can develop depression after a TBI. PTSD is also common after car accidents, with or without a TBI.

Both physical and mental health effects fall under pain and suffering, and your lawyer will consider them when determining your damages.

Permanent Disability

TBIs sometimes permanently damage one or more areas of the brain. Because the brain affects every part of the body, the effects can vary widely depending on the location of the damage. Some people may have difficulty walking, moving one side of the body, picking up items, or doing other everyday tasks. Others might have problems with their eyesight or may develop cognitive difficulties, like issues with memory or decision-making. In some cases, occupational, physical, or other types of therapy can help the patient regain lost function. However, some effects may be permanent if there are significant permanent damages.

If your doctor believes you’ve reached maximum medical improvement (MMI) and you have a permanent disability from your TBI, you have a right to compensation for your loss, regardless of whether it affects your ability to work. Disabilities can impact your life in many ways, including your leisure time and relationships.

Other Damages

Your attorney will ask questions to determine if you have other damages that should be included. These may include medical bills from other injuries besides your TBI, the cost of mobility aids or accommodations for a disability caused by the TBI, in-home care or assistance with tasks you can no longer do, loss of enjoyment of life, and property damage for car repairs after the accident.

What Should You Do Before Contacting the CEO Lawyer Personal Injury Law Firm?

It’s helpful to gather your current medical bills, records of your time missed at work, and a copy of the police report from your accident. (The responding law enforcement agency should be able to provide you with one, sometimes for a small fee.) However, if you have difficulty obtaining these documents, it’s better to contact us sooner rather than later, as some types of evidence may not last long. If necessary, we can investigate your case while you find additional paperwork.

The CEO Lawyer Personal Injury Law Firm was founded by attorney Ali Awad and rapidly became one of the fastest-growing law firms in the country. Our goal is to help people get the compensation necessary to recover and provide for their needs following an accident. There is no charge for your initial consultation so you can find out your options with no obligation. If we do take your case, we don’t charge any fees until we win or settle it in your favor.