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Average Settlements for Severe Brain Injuries in Texas

Posted on December 15, 2022
According to the Centers for Disease Control and Prevention (CDC), 2.2 million people visit the emergency room annually for traumatic brain injuries (TBI). In fact, severe brain injuries are one of the most common public health issues facing Texans. If you or a loved one suffered a severe brain injury, you know the serious emotional and financial toll a TBI takes. And you may wonder what an average settlement for traumatic brain injury is worth. Because numerous considerations go into determining a TBI’s case value, and because every case is different, it is essential to speak with an experienced TBI attorney. If you’re interested in determining the average settlement for traumatic brain injury, Texas Board of Legal Specialization certified attorney Aaron Herbert can walk you through how a TBI case is brought, explain your legal options, and help calculate your TBI case value. At the Law Office of Aaron Herbert, we pride ourselves on providing clients with tireless advocacy and are committed to helping you fight for the compensation you deserve.

What Is Traumatic Brain Injury?

A TBI is an injury that affects how the brain works. Most TBIs are mild injuries or concussions that cause the brain to bounce around or twist in the skull, which can stretch and damage brain cells. Mild TBIs are not usually life-threatening. However, a mild TBI or concussion’s effects can be serious. The CDC defines severe TBI as a disruption in the brain’s normal function caused by a bump, blow, or jolt to the head that can lead to long-term or life-long health problems that may affect all aspects of a person’s life. A person with a moderate or severe TBI may need ongoing care to help them recover and perform daily activities. 

What Is the Average Settlement for Traumatic Brain Injury?

TBIs occur more frequently in the Lonestar state than you might imagine. According to the Brain Injury Association of America—Texas Division:
  • 144,000 Texans sustain a TBI yearly;
  • TBIs permanently disable 5,700 Texans yearly; and
  • 381,000 Texans, or about 2% of the population, live with a TBI-related disability. 
The good news is that TBI sufferers are often eligible for compensation. However, because each case is unique, and factors such as the severity and type of injury vary from person to person, the average TBI settlement amount varies from case to case. Generally, though, the severity of the TBI injury and the circumstances surrounding the accident determine how much compensation a victim is entitled to. To better calculate what a TBI case is worth, an attorney will consider facts such as:
  • The severity of your injury; 
  • Your long-term TBI prognosis,
  • Current and future medical costs,
  • The costs of preventative care should other related brain conditions develop in the future,
  • Your TBI’s impact on your ability to earn a living,
  • Your TBI’s effect on your personal life,
  • Other current and future financial losses, and
  • Costs of mental health counseling.
Every TBI presents unique challenges. From permanent disability to occasional issues with day-to-day tasks, TBI effects range from minor to severe. An experienced personal injury attorney will review your TBI prognosis and the challenges it presents and help you determine your claim’s value.

What Kinds of Costs Can I Recover for a Traumatic Brain Injury?

Though the values of TBI cases vary, Texas TBI victims may generally pursue damages for the following:
  • Emergency care,
  • Surgery and hospitalization,
  • Current and future medical expenses, 
  • Prescriptions,
  • Physical therapy,
  • Rehabilitative care,
  • Ongoing in-home care,
  • Past and future lost wages, 
  • Diminished earning capacity,
  • Disfigurement,
  • Pain and suffering,
  • Depression, 
  • Post-traumatic stress, and
  • Loss of enjoyment of life.
A skilled TBI attorney can give you a better idea of what your brain injury claim is worth and help you receive the best possible TBI settlement.

Contact the Law Office of Aaron Herbert Today

If you’re interested in learning more about the average settlement for brain injury, the Law Office of Aaron Herbert will take the time to review the facts of your case and provide you with one-on-one attention. As a client-centered law practice focused solely on personal injury law, the passionate team at the Law Office of Aaron Herbert will work tirelessly to hold the parties responsible for your TBI accountable. The fact that our team has achieved the highest possible AVVO ratings says it all—the Law Office of Aaron Herbert is committed to our TBI clients and will fight for you to get justice. Contact us today by phone or online to schedule a free consultation. We never take a fee unless we win.