What is the average TBI settlement?

Traumatic Brain Injury - November 21, 2024

Estimating an “average” settlement amount for TBI cases is challenging because each case is unique, depending heavily on the severity of the injury, medical expenses, and the lasting impact on the victim’s life. However, knowing the factors that typically influence settlement amounts can help victims and their families understand what to expect in a TBI claim.

At Horwitz, Horwitz & Associates, our Chicago brain injury lawyers are committed to helping TBI victims in Illinois pursue the compensation they need to rebuild their lives.

Is there an average TBI settlement value?

Because traumatic brain injuries can vary significantly in severity and impact, there is no single “average” settlement amount for TBI cases. Settlement amounts can range from $100,000 for less severe injuries to over $1 million for cases involving permanent disability or long-term care needs.

In Illinois, the severity of the TBI, medical and rehabilitation costs, lost income, and emotional distress all play essential roles in determining settlement values. Additionally, the state’s comparative negligence rules can affect compensation if multiple parties are at fault (735 ILCS 5/2-1116).

Key factors influencing TBI settlement amounts

While each TBI case is unique, here are the main factors that often affect settlement values:

1. Severity of the injury

The severity of the TBI is a crucial determinant in settlement amounts:

• Mild TBIs (concussions) generally lead to lower settlements, ranging from $30,000 to $150,000, depending on lingering symptoms.
• Moderate TBIs may involve longer-term cognitive issues, with settlements reaching between $150,000 and $500,000.
• Severe TBIs often involve life-changing consequences and can result in settlements exceeding $1 million, particularly when the victim requires long-term care.

2. Medical expenses and future care needs

Medical bills—including emergency care, hospitalization, surgeries, rehabilitation, and future treatment—are major components of a TBI settlement. TBIs often require continuous care, and severe cases may necessitate lifelong support, significantly increasing settlement amounts.

3. Lost income and diminished earning capacity

A TBI can limit a person’s ability to work or reduce their capacity to earn at the same level as before the injury. Settlements generally consider lost wages and reduced earning potential, especially if the injury prevents the victim from returning to their former occupation. In cases of severe disability, settlements often cover the victim’s anticipated lifetime earnings.

4. Pain and suffering

Beyond physical harm, TBIs can cause immense emotional and psychological strain. Compensation for pain and suffering and emotional distress covers the mental and emotional toll of the injury. Illinois has no cap on pain and suffering damages, allowing for substantial awards based on the hardship endured.

5. Long-term impact on quality of life

TBIs can drastically alter a victim’s quality of life. Cases involving severe disabilities that prevent the individual from enjoying daily activities or caring for themselves often see higher settlements. Compensation accounts for the victim’s loss of independence, enjoyment of life, and increased reliance on family or caregivers.

Illinois-specific considerations in TBI settlements

In Illinois, personal injury cases like TBIs benefit from certain legal rules that support fair compensation:

• No caps on damages: Illinois does not impose limits on non-economic damages like pain and suffering, allowing TBI victims to pursue full compensation for both economic and non-economic losses.
• Comparative negligence: Illinois applies a modified comparative negligence rule, which allows plaintiffs to recover damages even if they are partly at fault, as long as they are not more than 50% responsible. However, the final settlement amount is reduced by the plaintiff’s percentage of fault.

How a personal injury attorney can increase your TBI settlement value

Working with an experienced attorney is critical for maximizing a TBI settlement. At Horwitz, Horwitz & Associates, we provide the following support to help clients achieve fair compensation:

• Proving liability: We gather evidence to establish the defendant’s negligence, a key factor in securing compensation.
• Demonstrating the extent of injuries: We compile detailed medical records, expert testimony, and documentation of the injury’s impact on daily life.
• Negotiating with insurers: Insurance companies often aim to settle quickly at low amounts. Our attorneys use their knowledge of TBI cases to negotiate for a fair amount based on the true cost of your losses.
• Pursuing litigation if necessary: If insurers don’t offer a reasonable settlement, we are prepared to take your case to court, where a judge or jury can evaluate the damages fully.

Have you suffered a brain injury? We can help.

There is no precise “average TBI settlement” because each case varies widely based on factors such as injury severity, medical expenses, lost income, and the overall impact on quality of life. Understanding these factors and working with a skilled attorney can significantly increase the likelihood of a fair settlement for Illinois TBI victims.

If you or a loved one has suffered a TBI due to someone else’s negligence, contact Horwitz, Horwitz & Associates for a free consultation. We’re dedicated to advocating for your rights and ensuring you receive the compensation needed to move forward.