How Much Will I Get for Pain and Suffering After a TBI?

Written By: The Champion Firm Team

Date Posted: 02.05.24

Category: TBI

Traumatic brain injuries (TBIs) are unfortunate but common in occurrences that result from others’ negligence. These incidents can include motor vehicle collisions, construction accidents, premises accidents, and pedestrian accidents. In some cases, when medical providers commit negligent acts or malpractice, a TBI can also result.

In addition to incurring high medical bills and other consequences, TBI victims frequently experience pain, suffering, and inconvenience that affects every aspect of their lives.

The amount of pain and suffering compensation that an accident victim recovers for a TBI will likely depend upon various circumstances, including the type, nature, and severity of their injury, as well as the accident circumstances themselves. An experienced traumatic brain injury lawyer in your area can file a timely claim or lawsuit on your behalf and pursue the monetary compensation you need to obtain the justice you deserve for your TBI.

What are the Consequences of Suffering a TBI in an Occurrence Due to Negligence?

A TBI resulting from a motor vehicle accident caused by someone else’s negligence can lead to profound and life-altering consequences for the affected individuals. An accident victim’s physical, cognitive, and emotional well-being can be extensive, creating challenges that persist long after the accident itself.

Physically, individuals who suffer a TBI in such accidents may experience a range of symptoms. These can include impaired motor function, coordination difficulties, and even paralysis. The severity of these physical consequences often depends on the extent of the brain injury sustained during the accident. Rehabilitation and physical therapy become essential components of the recovery process, but the road to restoring physical abilities is often arduous.

A doctor piecing together puzzles of the brain, symbolizing the treatment of a patient's psyche.

Cognitively, TBIs can result in impaired memory, attention deficits, and difficulties with problem-solving. These cognitive challenges can interfere with daily activities, work responsibilities, and personal relationships. Simple tasks may become overwhelming, leading to frustration and a sense of helplessness. Adjusting to these cognitive changes requires patience, adaptive strategies, and ongoing support.

Emotionally, individuals who have suffered a TBI may grapple with mood swings, depression, and anxiety. Coping with the emotional aftermath of such an injury is complex, as it often involves grieving the loss of pre-accident capabilities and adjusting to a new normal. Relationships with family and friends may strain under the weight of emotional challenges, further complicating the recovery process.

The financial consequences of a TBI resulting from someone else’s negligence can also be substantial. Medical expenses, rehabilitation costs, and ongoing care requirements can significantly burden the individual and their family. The inability to work or pursue previous employment due to physical or cognitive limitations further exacerbates the financial strain, potentially leading to long-term economic hardship.

Beyond the personal effect, societal consequences of TBIs frequently include increased healthcare costs and demands on social services. The ripple effect extends to family members, caregivers, and the broader community as they navigate the challenges of supporting individuals affected by TBIs.

Suffering a TBI in an occurrence caused by someone else’s negligence goes far beyond the immediate physical harm. The consequences permeate every aspect of the individual’s life, affecting their physical abilities, cognitive function, emotional well-being, and financial stability.

If you or someone you love suffered a TBI in a recent accident, your top priority should be getting medical treatment. Next, you should consult with an experienced personal injury lawyer as soon as possible about your legal options.

What Types of Accidents Cause TBIs?

TBIs can result from various accidents, each presenting a unique set of circumstances that can have profound consequences. Motor vehicle accidents, with their high-speed collisions and abrupt stops, are a major contributor to TBIs. The sudden deceleration or impact can cause the brain to forcefully collide with the skull, leading to bruising, bleeding, or tearing of brain tissue. Even seemingly minor accidents can result in significant head injuries, emphasizing the vulnerability of the brain in vehicular incidents.

Pedestrian accidents represent another avenue for TBIs, especially in urban environments where foot traffic intersects with vehicles. When a moving vehicle strikes a pedestrian, the forces involved can cause the accident victim’s head to strike the ground or the vehicle itself. This can lead to TBIs ranging from concussions to brain damage that induces an immediate coma. The lack of protection for pedestrians makes them particularly susceptible to head trauma in such incidents.

Premises accidents occurring within buildings or on private property also pose a risk for TBIs. Slip and fall incidents, for example, can result in head injuries when individuals land forcefully on hard surfaces. Poorly maintained premises, inadequate warning signs, or negligent property management can contribute to these accidents. The unpredictability of such incidents underscores the need for diligence in maintaining safe environments to prevent TBIs.

In each of these scenarios, the common thread is the potential for sudden, forceful impacts that can result in traumatic brain injuries. The intricate nature of the brain makes it susceptible to damage even in situations that may initially appear less severe. Recognizing the diverse ways in which accidents can lead to TBIs emphasizes the importance of preventive measures by others, responsible conduct, and timely intervention to mitigate the risk and effect of such injuries.

Successfully Proving the Elements of a TBI Case

Successfully proving the legal elements of a TBI case involving motor vehicle accidents, pedestrian accidents, premises accidents, or medical malpractice requires a thorough and strategic approach.

In motor vehicle accident cases, establishing negligence is crucial. This involves demonstrating that the responsible party breached their duty of care, directly causing the accident and subsequent TBI. Evidence such as eyewitness accounts, traffic camera footage, and expert testimony can strengthen the case. Medical records linking the TBI to the accident play a pivotal role, showcasing the direct consequence of the negligent party’s actions.

For pedestrian accidents, the focus shifts to proving the negligence of the involved driver. Eyewitness accounts, surveillance footage, and accident reconstruction analyses become vital in establishing the sequence of events. Medical documentation connecting the TBI to the accident helps solidify the link between the incident and the injury, supporting the legal claim.

In premises accident cases, demonstrating negligence on the part of the property owner or manager is essential. This involves proving that they were aware or should have been aware of hazardous conditions on the premises and failed to address them adequately. Documentation such as maintenance records, incident reports, and expert testimonies can strengthen the case. Additionally, medical evidence must establish a clear connection between the accident on the premises and the resulting traumatic brain injury.

In medical malpractice cases, establishing the elements of duty, breach, causation, and damages is critical. Expert witnesses, often medical professionals specializing in the relevant field, play a pivotal role in demonstrating how the healthcare provider’s actions deviated from the standard of care, directly causing the TBI. Detailed medical records, expert testimonies, and a clear chronology of events are essential to convincingly prove the medical malpractice claim.

Throughout these cases, a cohesive and well-documented narrative is crucial. An experienced personal injury attorney can carefully compile and present evidence that persuasively links the incident to the TBI, showcasing how the responsible party’s actions directly resulted in the injury.

Factors that Affect Financial Compensation for a TBI after an Accident Occurs

The types and amounts of financial compensation an accident victim may recover for a TBI stemming from a motor vehicle accident, pedestrian accident, premises accident, or medical malpractice can vary significantly based on several factors, including the following.

A person holding a note with the word 'Compensation' written on it.

  • Severity of the Injury – The extent of the TBI is a pivotal factor. Severe TBIs often result in more significant compensation due to the long-term effect on the victim’s life, including medical treatment, rehabilitation, and potential loss of earning capacity.
  • Medical Expenses – The medical costs of treating a TBI can be substantial. Compensation typically includes current medical expenses and estimated future costs for ongoing treatments, therapies, and necessary medical equipment.
  • Lost Income and Earning Capacity – Victims of TBIs often face challenges in returning to work. Compensation may include lost income during recovery and, in cases of permanent impairment, consideration for the diminished ability to earn income in the future.
  • Pain and Suffering – Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective but crucial components of compensation. The severity and duration of physical and emotional suffering play a role in determining this aspect of financial recovery.
  • Insurance Coverage – The insurance policies involved, whether from the at-fault party in a motor vehicle accident, the property owner in a premises accident, or the healthcare provider in a medical malpractice case, can affect the available compensation. Higher insurance coverage limits provide more potential for recovery.
  • Negligence and Liability – Establishing and proving negligence on the part of the responsible party is fundamental. The strength of the evidence demonstrating the other party’s fault influences the amount of recoverable compensation.
  • Pre-existing ConditionsPre-existing medical conditions may complicate the assessment of damages. However, if the TBI can be clearly linked to the accident and exacerbated the pre-existing condition, compensation may still be available.
  • Legal Representation – The quality of legal representation can significantly affect the outcome of a TBI case. Skilled attorneys can navigate complex legal processes, negotiate effectively, and build a compelling case, potentially maximizing the compensation recovery for the victim.

Considering these factors, recovering financial compensation for a TBI involves a comprehensive evaluation of the specific circumstances surrounding the accident and the resulting injury. Hiring car accident lawyer can help accident victims navigate these complexities to seek fair and just compensation for the damages they have suffered due to someone else’s negligence.

What Happens at a Personal Injury Trial that Involves a TBI?

A personal injury trial involving a TBI arising from a motor vehicle accident, pedestrian accident, premises accident, or medical malpractice is a multifaceted legal proceeding where the parties involved present their cases to determine liability and seek appropriate compensation. A trial may be necessary if the at-fault party’s insurance company denies fault for the occurrence – or simply refuses to offer the accident victim sufficient monetary compensation for their injuries. Here’s a breakdown of what typically happens at such trials:

  • Pretrial Preparation – Both parties engage in extensive pretrial preparation before the trial. This involves discovery, where each side gathers and exchanges relevant information, documents, and evidence. Depositions may also take place, involving sworn statements from witnesses and experts.
  • Jury Selection – A jury is selected if the case proceeds to trial. Attorneys from both sides question potential jurors to ensure a fair and impartial panel. The chosen jury will evaluate the evidence presented during the trial and decide the outcome.
  • Opening Statements – The trial begins with opening statements from both the accident victim (plaintiff) and at-fault party (defendant) attorneys. These statements outline the key points of their respective cases, providing a roadmap for the jury to follow.
  • Presentation of Evidence – Each side presents evidence to support its claims. This includes witness testimonies, medical records, accident reconstructions, expert opinions, and any other relevant documentation. In TBI cases, medical experts play a crucial role in explaining the nature and consequences of the brain injury.
  • Cross-Examination – Attorneys can cross-examine the opposing party’s witnesses, challenging the credibility of their testimony and bringing out any inconsistencies.
  • Expert Testimonies – Medical experts may testify about the TBI, its causes, and its effect on the victim’s life. Their opinions help the jury understand the medical aspects of the case and establish a clear connection between the injury and the incident in question.
  • Closing Arguments – After presenting all the evidence, both parties make closing arguments. Attorneys summarize the key points, reiterating why their client should prevail. This is the final opportunity to persuade the jury before deliberations.
  • Jury Deliberations – The jury then deliberates, considering the evidence and arguments presented. They reach a verdict by determining whether the defendant is liable for the TBI and, if so, the appropriate amount of compensation to award the accident victim.
  • Verdict – Once the jury reaches a decision, the verdict is announced in court. If the plaintiff prevails, the court may award financial compensation for medical expenses, pain and suffering, lost income, and other damages.

The outcome of a TBI trial depends on the strength of the evidence presented, the persuasiveness of legal arguments, and the jury’s assessment of liability and damages. The process is complex and involves collaboration between legal teams, medical experts, and other professionals to build a compelling case.

Call a Knowledgeable Personal Injury Lawyer about Your TBI Case Right Away

Darl Champion

Darl Champion, TBI Lawyer

If you or a person you love suffered a TBI in an accident due to someone else’s negligence, you need to consult with an experienced personal injury attorney right away. Your attorney can pursue the maximum amount of settlement or litigation compensation available to you by aggressively negotiating with the insurance company on your behalf, highlighting the strengths of your case, and, if necessary, pursuing a lawsuit in the court system.

About the Author

The Champion Firm, Personal Injury Attorneys, P.C. is a full-service personal injury law firm serving the greater Metro Atlanta area. Our award-winning team of attorneys specializes in car accidents, wrongful death, premises liability, and slip-and-fall cases. Learn more about our team here.