A traumatic brain injury (TBI) is one of the most severe injuries a person can suffer due to another’s negligence.
Brain injury cases are also some of the most complex, mainly due to the nature of the injury.
The brain is perhaps the most complicated and intricate organ in the human body, and any injury can be challenging to diagnose and treat.
Depending on the nature of the injury, the victim may be permanently and severely injured.
At The Law Office of Aaron Herbert, P.C., our traumatic brain injury lawyer will fight to get you and your family the financial compensation you deserve.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) usually results from a violent blow or jolt to the head or body or from an object that pierces the skull and enters the brain.
Some types of TBI cause temporary or short-term problems with normal brain function, including problems with how the person thinks, understands, moves, communicates, and acts.
However, a more serious TBI can lead to severe and permanent disability and even death. Some TBI injuries are immediate, while others occur gradually over time.
TBIs are generally classified into two different categories: penetrating and non-penetrating TBI. A penetrating TBI is what it sounds like and happens when an object pierces the skull and penetrates the brain (e.g., shrapnel, knife, or bullet).
Non-penetrating TBI is caused by a strong external force that moves the brain within the skull. (e.g., fall, blast injury, or motor vehicle accident).
5 Common Causes of Traumatic Brain Injuries
The truth is a brain injury can be caused by many things, but some are more common than others. Five common causes of traumatic brain injuries are as follows:
- Car accidents,
- Sports injuries,
- Slip and falls,
- Violence, and
- Blasts.
Whether one of these caused your TBI or something else, you deserve compensation for your life-changing injuries.
The causes listed above can result in several different types of traumatic brain injuries:
- Concussions,
- Edema (swelling),
- Hematoma, and
- Skull fracture.
It is also possible to experience more than one type of TBI from a single accident.
Average Settlement for Traumatic Brain Injury
While it is difficult to quantify an average settlement amount for a TBI, these settlements tend to be larger than those for other injuries because the severity tends to be greater.
Because many TBIs are permanent and require lifelong medical attention and adaptation, the sheer costs can quickly add up. Depending on the severity of the injury, the victim may require around-the-clock care and lose the ability to earn a living.
TBI cases often settle for at least six figures, but many pay in the millions.
Types of Damages Factored into a Settlement
There are generally three types of damages available to a Texas plaintiff.
Economic Damages
Economic damages are easy to quantify because they are based on a plaintiff’s loss. These include:
- Medical expenses (e.g., hospital, surgical, rehabilitation, pharmaceutical),
- Property damage, and
- Lost wages and future earning ability.
Each plaintiff’s actual loss will vary and will directly influence their settlement.
Noneconomic Damages
Non-economic damages are more challenging to quantify because they are subjective and personal to you. These damages include the following:
- Pain and suffering,
- Emotional anguish,
- Loss of enjoyment of life, and
- Loss of consortium.
Non-economic damages resulting from a TBI will be unique to each individual.
Punitive Damages
Lastly, depending on the facts and circumstances that led to your TBI, you may be entitled to punitive damages. However, it is unlikely that these will be factored into a settlement agreement.
Instead, they might be awarded by a court to punish a grossly negligent defendant.
Contact a Traumatic Brain Injury Lawyer at The Law Office of Aaron Herbert
Contact a traumatic brain injury lawyer today. At The Law Office of Aaron Herbert, P.C., we have been providing top-notch representation to victims of traumatic brain injuries for over a decade.
We are experienced in negotiating fair and just settlements for our clients. Should your case not settle, we are board-certified in personal injury trial law.
If you or a loved one has suffered a TBI at someone else’s hands, your focus should be on recovering. Let us handle the rest. Contact us to schedule a free consultation today.