There is no good injury that comes from an accident, but a traumatic brain injury (TBI) can be especially devastating for both the injured person and their loved ones.
If you are someone you know has experienced TBI due to the negligent actions of another party, it is important to know your rights.
The average settlement for traumatic brain injury is difficult to determine because each case is unique.
The experienced team at the Cottrell Law Office has been serving the needs of injury victims in Arkansas for over 32 years.
Our practice focuses on personal injury, and we can help you determine a fair value for your traumatic brain injury settlement. Contact us for your free case evaluation.
What Is a Traumatic Brain Injury?
The Centers for Disease Control and Prevention (CDC) defines a traumatic brain injury (TBI) as a disruption in the normal function of the brain.
The injury can be caused by impact to the head such as a blow or jolt, or penetration of the skull with an object. Over 2.8 million Americans experience a brain injury each year.
The leading causes of traumatic brain injury are falls, impact with an object, and motor vehicle accidents.
Traumatic Brain Injury in Arkansas
According to the Arkansas Brain Injury Task Force, the state has a disproportionate number of TBI-related deaths when compared to the national average.
As of 2020, there were 2,300 people living with a traumatic brain injury in Arkansas as documented by the state TBI registry.
There were 3,014 cases of significant head trauma with a 22% readmission rate to Arkansas hospitals from 2010 to 2014.
Symptoms of a Traumatic Brain Injury
Only a medical professional can diagnose whether you or a loved one has received a traumatic brain injury.
This official diagnosis is important when calculating brain injury settlement amounts. TBIs can be difficult to identify and may have delayed onset.
Here are some signs to look out for:
- Difficulty thinking or reasoning,
- Headaches,
- Speech impairment,
- Lightheadedness,
- Behavioral changes,
- Attention deficit,
- Sensitivity to light or sound,
- Memory problems, and
- Vertigo.
If you have any of these symptoms, you should see a physician to be evaluated. Keep a detailed record of all expenses related to your injury, including doctor visits and diagnostic costs.
Average Settlement for Traumatic Brain Injury
There are a number of factors that determine the amount of compensation owed for personal injury. The severity of the brain injury is the most important factor. TBIs range from mild to debilitating.
Some victims may never be able to return to work or function the way that they used to, relying on others for simple tasks.
Economic damages cover costs such as medical expenses, physical therapy, lost wages, cost of care, and other tangible expenses.
But just covering costs is not enough for a fair traumatic brain injury settlement.
When quality of life is impacted, your attorney should also assert your entitlement to noneconomic damages such as pain and suffering, depression, post-traumatic stress, and loss of enjoyment of life.
The circumstances of your accident will also have an impact on brain injury settlement amounts, which is why there is no way to define an average settlement for traumatic brain injury.
Hiring an Arkansas TBI Attorney
Whether you are negotiating with insurance companies or considering litigation, knowledge and experience are crucial to obtain the compensation you deserve.
Traumatic brain injuries are lifelong, and compensation should cover more than today’s medical expenses.
Let the team at the Cottrell Law Office help you determine the best strategy to achieve the highest settlement amount possible. You’ve suffered enough. Our goal is to make the legal process as painless as possible.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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