What Is a Typical Traumatic Brain Injury Car Accident Settlement in Oklahoma?

Since a traumatic brain injury (TBI) is typically a life-altering injury, settlements tend to be higher than the average settlement for car accidents.

With that in mind, the actual settlement is highly dependent on the severity of the TBI. And even if you have a severe traumatic brain injury, your settlement could be drastically reduced if you are found partially at fault for the accident, or if the at-fault driver has the bare minimum insurance policy limits.

For clear-cut cases, the average settlement for a traumatic brain injury lawsuit is over 7 figures[TL1] , so it is more accurate to use the median settlement number: about $350,000. In this situation, the median amount is much closer to the typical payout you can expect for a traumatic brain injury settlement.

Talking to an experienced personal injury attorney can give you a much better idea of what your specific traumatic brain injury case may be worth.

RELATED: Is It Worth Getting a Lawyer for a Car Accident in Oklahoma City?

How Damages are Calculated for TBIs

A traumatic brain injury can cause prolonged unconsciousness and permanent damage like loss of cognitive function. The effects of a TBI can vary greatly. Someone who suffers a TBI could only miss a bit of work, or they might never be able to return to work again. Since these injuries can have a dramatic effect on a person’s livelihood and quality of life, the damages in these cases must ensure that victims are compensated for that economic impact.

Severity of injury

The severity of the injury is one of the primary factors used to determine a fair settlement for a TBI.

• Mild traumatic brain injury: Usually involves a brief loss of consciousness. This may also be called a mild concussion. It is typically characterized by dizziness and headaches, and symptoms usually resolve in a few weeks or months.
• Moderate traumatic brain injury: Usually involves loss of consciousness for less than a day. This can cause longer term problems with memory, including issues with physical, cognitive and behavioral deterioration. Physical therapy can improve symptoms, but long-term or permanent impairment is possible.
• Severe traumatic brain injury: Unconsciousness is prolonged and often results in permanent brain damage. Victims often experience significant cognitive decline, physical impairment, and emotional instability. Rehabilitation and long-term care are necessary, with the expectation of only mild to moderate improvement.

Medical expenses

Brain injury cases often have significant medical bills, including expensive diagnostic tests, ongoing therapy, and long-term nursing. Fair compensation for a TBI case should include all ongoing medical care and the cost of future medical expenses.

Lost wages

Lost income can also be significant for traumatic brain injury victims. It may take intensive therapy for one’s condition to improve enough to return to work (leading to lost wages) or find a job that better fits their reduced cognitive capacity (leading to loss of earning potential). Many TBI victims are unable to work at all.

Pain and suffering

Traumatic brain injury victims often experience long-term problems with pain, plus other ongoing symptoms like memory loss and emotional distress. Car accidents with severe injuries can cause serious post-traumatic stress disorder, which can also significantly impact a person’s day-to-day life. Financial compensation can help the victim try to recover from the pain and suffering caused by the accident.

Liability

Liability plays a big role in a traumatic brain injury settlement. Oklahoma uses comparative negligence to determine who can collect compensation. Under comparative negligence, if a person is at fault for an accident by 50% or more, they cannot collect insurance money from the other driver. If a person is less than 50% at fault for the accident, the amount of settlement money is reduced by the percentage of fault they bear.

For example, if a driver is 20% at fault for the accident that caused their traumatic brain injury, their TBI settlement values are reduced by 20%.

RELATED: What to Do If You’ve Been Blamed for a Crash That Wasn’t Your Fault

Challenges with Traumatic Brain Injury Claims

While severe brain injuries may be obvious, it can still be very difficult to pursue a personal injury claim. One of the best steps a person can take is to find a skilled traumatic brain injury lawyer who can help prove the facts of the case and negotiate with the insurance companies on their behalf. An experienced personal injury attorney can help navigate these TBI claim challenges:

Late diagnoses

Head injuries may not be immediately apparent following an accident. A concussion may take hours or days to show up, and any delay in medical treatment gives the insurance companies an outlet to argue that your injuries were not caused by the car crash. In addition, victims may ignore symptoms like mild memory loss when they could be signs of a more serious injury.

If you hit your head in a car accident, it’s important to see a doctor right away. Understand that even a doctor may miss the signs of a mild traumatic brain injury, so keep watching your symptoms and don’t hesitate to get a second opinion.

RELATED: I Didn’t Go to the Doctor After My Car Accident. Do I Still Have a Case?

Objective medical evidence

TBIs can act like “invisible injuries,” meaning they don’t always show up on diagnostic scans. A doctor won’t notice mild changes in your behavior or personality, but friends and family may be able to help identify these changes. If you are able to track your symptoms, it can help provide evidence for your traumatic brain injury settlement.

When diagnostic scans aren’t enough, an experienced personal injury lawyer understands how to build a persuasive case with testimony from therapists, personal witnesses, and medical experts.

Predicting long-term impacts

Many brain injury victims experience long-term consequences from their injury. Even mild brain injuries can change a victim’s life, despite the prevailing belief that a person who doesn’t lose consciousness should heal quickly and completely.

It is nearly impossible to predict how or when a person may heal, or the extent of the recovery they may experience. This can make it extraordinarily challenging to assess their future earning potential. A knowledgeable personal injury attorney can help account for this uncertainty when seeking fair compensation for your future medical bills, employability, and changes in quality of life.

Cognitive challenges

A victim who has suffered severe injuries might not have the cognitive power to advocate for themselves.

For example, someone who is in a coma following a car crash is not likely to remember the facts of how the accident occurred. Many traumatic brain injuries also can result in cognitive difficulties that create challenges with a victim’s ability to reason or make sound decisions. This can prevent them from pursuing a TBI settlement or understanding when an offer from an insurance company is unfair.

Victims may need a representative to act in their best interests and provide skilled legal representation when dealing with insurance companies.

The Average Brain Injury Settlement Could Change Your Life

If you’ve suffered a TBI because of someone else’s negligence, you need an experienced TBI lawyer who can advocate for you. A traumatic brain injury lawsuit can help you get the money you need to aid your recovery and compensate for the long-term changes caused by your injury.

With The Wolf Pack™ on your side, you can be confident that an experienced personal injury lawyer will fight for your rights, including fair treatment and compensation for the injuries you have suffered. While you focus on recovery, our team will put together the documentation and evidence needed to create a compelling case for a fair and comprehensive settlement.

For a free consultation to discuss the facts of your case and your legal rights, please call 405-218-9200 or fill out our online form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.