A traumatic brain injury (TBI) is a damage to the brain itself. A TBI differs from a head injury, and this damages the head and not the brain. Most TBIs fall into one of two main groups:
- Closed Brain Injury: This is when a person gets a blow to the head that doesn’t break the skull but still hurts the brain. Most of the time, closed brain injuries happen in vehicle crashes, falls, and sports-related mishaps.
- Penetrating Brain Injury: A person’s head is broken, and they get hurt in the brain. Penetrating brain injuries can happen to people hurt in car crashes, fights, or other violent acts.
Average Compensation In California For Traumatic Brain Injury
The Center for Disease Control (CDC) says that about 3 million people go to the emergency room every year with traumatic brain injuries, and that number is growing every year. Even though many people who get a brain injury get better, approximately one-third of all injury-related deaths in the U.S. each year are caused by traumatic brain injuries.
If you just got a traumatic brain injury, you might want to find out what the average compensation is for cases like yours.The truth is that every traumatic brain injury case is different, which makes it hard to figure out what the average jury decision is. Also, cases involving brain injuries are often settled secretly, and the results are kept secret.
What Factors Can Affect My Compensation In A TBI Claim?
Some people with TBI get minor injuries that require less time in the hospital and less care outside of the hospital than people with mild to severe brain injuries. More serious TBIs can result in temporary or lasting disabilities that sometimes need medical and therapeutic care for the rest of a person’s life. In general, the higher the value of your case, the worse your brain injury was. One reason settlement numbers can be so different is because of this.
Your TBI claim’s value is contingent on a number of factors, including:
- Medical record
- Number of injuries
- Conduct of the accused
- The number of accused
To be eligible for compensation in a traumatic brain injury (TBI) or personal injury case, you must demonstrate to the court that your injuries were a consequence of someone else’s carelessness and have a monetary value. In California, plaintiffs must prove at least three factors of negligence:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached this duty.
- The breach of this duty was the cause of the plaintiff’s injury.
- The careless defendant should have known their action or inaction.
- The harm caused tangible damage.
Typically, claims for damages in TBI cases exceed $100,000. Due to the severity of brain injuries, settlements in the millions of dollars are common.
Contact 2H Law Today
If you or someone you know has suffered a head injury due to an accident, please contact our California attorney at 2H Law Firm for a free consultation. You may reach us via our online contact form or by dialing (619) 374-9320.