TBI settlement values vary dramatically based on injury severity, proof quality, and long-term impact. Understanding what drives TBI case values helps victims and families evaluate offers and make informed decisions.
Factors Affecting TBI Settlement Value
Injury Severity
- Mild TBI with recovery – Lower values due to limited long-term impact
- Mild TBI with persistent symptoms – Moderate values if well-documented
- Moderate TBI – Significant values for lasting impairments
- Severe TBI – Highest values for permanent disability/lifetime care needs
Proof Quality
- Positive imaging findings strengthen cases
- Neuropsychological testing documenting deficits
- Consistent medical treatment records
- Strong before-and-after evidence
Impact on Life
- Inability to return to previous work
- Need for ongoing care
- Effect on relationships and activities
Available Insurance
Settlement realistically depends on available coverage. High damages mean little if defendants lack resources to pay.
General Settlement Ranges
These are rough illustrations only—actual values depend on case-specific facts:
- Mild TBI, full recovery: $50,000 - $200,000
- Mild TBI, post-concussion syndrome: $200,000 - $750,000
- Moderate TBI with lasting effects: $500,000 - $3 million
- Severe TBI, permanent disability: $3 million - $20+ million
What Increases Value
- Clear liability on defendant
- Objective evidence of brain damage
- Young victim with long life expectancy
- High pre-injury earnings
- Significant care needs
- Well-funded defendant
- Plaintiff-friendly jurisdiction
What Decreases Value
- Normal imaging with subjective symptoms only
- Gaps in treatment
- Pre-existing conditions or prior head injuries
- Disputed liability
- Limited insurance coverage
- Damage caps (in medical malpractice cases)
Settlement vs. Trial
Most TBI cases settle, but some warrant trial when:
- Settlement offers are unreasonably low
- Liability is strong
- Damages are substantial and provable
Conclusion
TBI settlement values depend on multiple case-specific factors. An experienced TBI attorney can evaluate your case, identify its strengths and challenges, and advise whether settlement offers fairly reflect your claim's value.