Types Of TBIs
There are two types of TBIs. One is a blunt TBI, it’s a non-penetrating injury to the head. This occurs when an outside force is powerful enough to move the brain inside the skull. Car accidents can cause this type of TBI.
An open TBI is when you receive a penetrating injury. Penetrating TBIs happens when a foreign item penetrates the brain and harms the brain tissue. These are one of the most life-threatening types of injuries and can mean immediate death for the personal injury victim.
A mild traumatic brain injury that results in a non-penetrating TBI won’t be compensated the same amount as a catastrophic penetrating TBI.
Concussion
Concussions can result in loss of consciousness in brain injury victims, alter a person’s mental state, and interfere with the brain’s function. You can still experience a concussion even if you don’t hit your head. You may have a no-head-impact concussion which is caused by your brain rocking hard and hitting the wall of your skull because of the harsh impact that hit your body but not your head.
Hematoma
An accumulation of blood inside the skull is known as intracranial hematoma and is a more severe traumatic brain injury. It typically results when cerebral blood vessel starts bursting. This can be caused by a harsh accident, such as a slip and fall injury or a car crash. Blood may build up in the skull’s cavity and create pressure within the brain.
Hemorrhaging
A brain hemorrhage is considered to be a stroke. This happens when an artery in the brain bursts and creates bleeding in the tissues around the site of the injury. Brain cells can be killed by hemorrhage brain injuries.
How Are TBI Settlement Values Determined?
A TBI is described as a physical head injury that disrupts the brain’s natural function. Long-term side effects include crippling cognitive, psychological, and behavioral issues. After suffering a TBI, you may never recover your independence and life again. This is why settlements can be very high. However, every TBI settlement is unique, which means that the amount can range from small to large based on factors surrounding your particular personal injury case. Based on the long-term implications of a severe TBI, the cost can be incredibly high. Here are factors that can impact your TBI settlement:
Level Of Injury
How severe your injury was will be the most important aspect of your injury claim. If your injury was incredibly dangerous and could have resulted in a loss of life, resulting in debilitating consequences, your settlement can be higher. If you only had a bump on your head and a few scratches, the settlement would be less. Your expenses will be more costly for a more severe injury.
Partial Or Total Disability
TBIs can cause a disability that impacts your entire way of living. You may be partially or totally disabled after your personal injury. A partial disability could mean that you have memory loss or mood swings that negatively affect your life. However, a total disability could mean that you permanently have hearing or vision loss because of the deep injury to your temporal or occipital lobes of the brain. This has life-altering consequences that create higher pain and suffering damages, in addition to greater medical costs required to overcome these injuries.
Permanent Or Temporary Injury
When your injury is temporary, expect to eventually recover and return to your normal life. If the injuries are permanent, this means that you’ll never go back to the way life was. You may be unable to participate in the activities you love. A permanent injury also means you never fully recover. You will probably require ongoing medical care and additional healthcare treatments to help cope with wounds. This means that a permanent injury will require a much larger settlement.
Percentage Of Liability
Every personal injury case is different, you may be partially liable for your own injuries. You may have contributed to the personal injury accident by anywhere between 1% to 99%. In California, even if you are liable for 99% of your personal injury, you can still claim a settlement for the 1% you’re not liable for, according to the law of comparative negligence. The less you are liable for, the higher your settlement amount. An attorney can help estimate how much your percentage of liability is based on how much you contributed to your own accident. This is based on your degree of negligence.
Life Circumstances
What you are experiencing personally will also influence your settlement award. For example, your age, gender, income level, and other factors can impact how much you receive. Any dependents and how old they are may also play a part.
