The average settlement amount for a traumatic brain injury in Georgia ranges from $100,000 to well over $1 million, depending on factors like injury severity, medical costs, and long-term care needs.
The amount you can get in a traumatic brain injury case depends on a few key things:
- How serious the injury is
- Pain and suffering
- Financial losses
- Settlements for minor accidents tend to be lower, while severe or fatal accidents result in larger payouts.
- If the injury caused death, the settlement can be much higher.
Each TBI case is unique, and the final settlement depends on the specifics of the accident and the long-term effects on the victim’s life.
Average TBI settlements in Georgia
Here are examples of severe and mild traumatic brain injury settlements in Georgia:
- $16.66 million: A Georgia man sustained a traumatic brain injury in a 2021 trucking accident. Jurors found the trucking company 60% responsible for the crash and awarded this substantial sum due to the long-term effects of the injury.
- $30 million: For a Paulding County student who suffered a traumatic brain injury. The injury drastically impacted the student’s life, necessitating lifelong care.
- $11 million was awarded to a woman in DeKalb County who suffered long-term brain damage after a collision with a Papa John’s Pizza delivery driver. The impact of the injury on her life, along with the company’s liability, led to this large payout.
- $10 million was awarded in a multi-vehicle crash involving a Brown Trucking Company vehicle on I-285. The accident victim suffered a traumatic brain injury and permanent neurological issues, which contributed to the size of the settlement, despite the jury finding him 40% responsible for the crash.
Find out how a Savannah traumatic brain injury attorney at Jamie Casino Injury Attorneys can get you more than the average settlement for a traumatic brain injury
Factors that influence TBI settlement amounts in Georgia
Several things can affect how much someone might get in a traumatic brain injury (TBI) settlement in Georgia. These factors can have a big impact on the final amount of compensation a victim receives.
Severity
More severe injuries typically lead to higher settlement amounts due to several key reasons.
Severe TBIs often require extensive medical treatment, such as:
- Emergency surgeries
- Hospital stays
- Long-term rehabilitation
- Home health aides
- Specialized therapies
- Permanent assisted living arrangements
A serious TBI can stop someone from going back to work, which means they lose out on wages and the chance to earn in the future. Settlements take these financial losses into account. TBIs can also cause long-term physical and mental problems. This will make it harder for a person to perform daily tasks or enjoy life as they once did.
Settlements try to make up for this loss in quality of life. Because severe TBIs have such lasting effects, the settlements are usually higher to make sure victims are properly compensated for everything they’ve gone through.
Liability
In traumatic brain injury (TBI) cases, establishing who is at fault—or liability—is one of the most important factors in determining the settlement amount. If liability is clear and it’s obvious one party caused the injury, the settlement is likely to be higher because the responsible party (or their insurance) is fully accountable.
However, if fault is shared or unclear, things can get complicated:
- Shared fault: In some cases, both the victim and another party might share responsibility for the injury. For example, if a car accident caused the TBI but the victim was partly to blame (e.g., not wearing a seatbelt), the settlement might be reduced based on the percentage of fault.
- Disputes over fault: If the parties involved disagree about who is to blame, it can delay the settlement process and may require further investigation or you may even go to trial, potentially lowering the settlement if liability can’t be fully proven. The stronger the case for clear liability, the better the chances of securing a higher settlement for the victim.
Comparative negligence
Comparative negligence can play a significant role in traumatic brain injury (TBI) cases. This rule means that if the victim is partly responsible for causing their injury, the settlement amount they receive may be reduced based on their share of the fault.
Here’s how it works:
The court or insurance company assigns a percentage of blame to each party involved. For example, if the victim is found to be 20% at fault for the accident that caused their TBI, their settlement would be reduced by 20%.
In Georgia, if the victim is found to be 51% or more at fault (O.C.G.A. 51-12-23), they are barred from recovering any compensation. Understanding comparative negligence is important because even a small percentage of fault can lead to lower settlement.
Working with a brain injury lawyer can help ensure that fault is fairly assigned and that the victim still receives the compensation they deserve.
Insurance coverage
Insurance coverage is a big factor when figuring out how much someone might get in a traumatic brain injury (TBI) settlement. Both the at-fault party’s insurance and the victim’s own insurance matter.
The amount of compensation you can receive often depends on the at-fault party’s insurance policy. If their liability coverage has low limits, it may not be enough to cover all of your medical bills, lost wages, and long-term care needs, especially in severe TBI cases.
If the at-fault party has no insurance or insufficient coverage, your own insurance might step in. Uninsured motorist (UM) coverage helps when the responsible party has no insurance, while underinsured motorist (UIM) coverage applies when their insurance isn’t enough to cover all your damages.
Both parties’ insurance policies will have limits, and the insurance company will only pay up to those amounts. If the costs of your injury go beyond these limits, it might be necessary to explore legal action against the at-fault party personally.
Location
Different areas within the state may lead to different outcomes due to factors like:
- Local court systems
- Jury attitudes
- Legal practices
Some courts handle cases faster, while others might be slower due to backlogs. This can impact how quickly you get a settlement and how much you end up receiving.
Also, juries in different parts of Georgia might see cases differently. In some areas, they might be more understanding and give higher awards to injury victims. In other places, they could be more cautious and conservative with their decisions.
Local laws, customs, and the usual practices of judges and lawyers can also change from one region to another, which can affect your final settlement.
What damages can be recovered in Georgia?
If you’ve suffered a traumatic brain injury (TBI), you can seek various types of damages to help cover your losses. Here’s a simple breakdown of what you might be able to recover.
- Medical expenses: You can claim damages for all medical costs, including emergency care, hospital stays, surgeries, medications, rehabilitation, and any ongoing medical treatments. This also covers costs for future medical care that may be needed due to the injury.
- Lost wages: This includes not just the income you’ve already lost, but also future earnings if you’re unable to work as much or at all due to your injury.
- Pain and suffering: This type of compensation addresses the impact on your quality of life, including any ongoing discomfort, anxiety, depression, or loss of enjoyment of life.
- Punitive damages: In cases where the at-fault party’s actions were particularly reckless or intentional, you might be awarded punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future, though they are not awarded in every case and are subject to specific criteria under Georgia law.
Georgia does not impose caps on economic damages but does have limits on non-economic damages in certain types of cases, such as medical malpractice. However, these caps do not typically apply to personal injury cases like TBI claims.
Should you accept the settlement offer?
Here’s how you can evaluate if the offer is fair and in your best interest:
- Anticipate Your Future Medical Needs: Make sure the settlement covers not just your current medical bills but also any future care you might need. TBIs can cause long-term problems that might need ongoing treatment or therapy. It’s important that the offer is enough to cover those future costs.
- Plan Your Ongoing Care Costs: Consider whether you’ll need long-term care, like rehab or home health services. These costs can add up over time, especially if your TBI leads to a permanent disability. The settlement should reflect those ongoing expenses.
- The Injury’s Impact on Your Life: Think about how the injury has changed your daily routine and overall happiness. If the settlement doesn’t fully account for the pain, suffering, and loss of enjoyment of life, it might not be enough.
It’s important to talk to a lawyer before accepting any settlement for a traumatic brain injury. We can make sure you’re not missing out on any compensation and negotiate to get you a better deal.
By taking the time to evaluate the offer and working with a legal team, you can make sure you’re getting the right compensation for what you’ve been through.
An experienced Augusta brain injury lawyer from our law firm can help you figure out if the offer is fair for your situation.
Why hiring a lawyer is important for your TBI settlement in Georgia
When you’re dealing with a Georgia traumatic brain injury (TBI) claim, having a lawyer can make a difference. These kinds of cases are complicated, and trying to manage everything by yourself can cause you to miss out on the compensation you deserve.
Here’s why getting a lawyer involved is so important:
- Proving liability: We will gather evidence, interview witnesses, and work with experts to establish fault. In Georgia, partial fault can reduce the amount you recover, so proving liability is key to maximizing your settlement.
- Negotiating with insurance companies: Insurance companies often try to settle for less by downplaying your injury or delaying payments. An experienced TBI lawyer knows these tactics and can fight to get you a fair settlement that covers your medical bills, lost wages, and long-term needs.
- Handling Georgia’s legal system: Georgia has specific laws that affect TBI claims, such as comparative negligence and statutes of limitation. An experienced brain injury attorney from our firm knows how to navigate these laws to protect your rights. They’ll also be familiar with local courts and judges, which can make a big difference in the outcome of your brain injury lawsuit.
Here’s a hypothetical example of how legal representation can significantly affect the outcome of a TBI claim:
- In one case, a personal injury attorney secured an average traumatic brain injury settlement of nearly $1,000,000 for a client who sustained a traumatic brain injury in a car accident in Georgia.
- Initially, the insurance company only offered $100,000, which was the policy limit. However, with the lawyer’s expertise, they were able to negotiate a much higher amount, ensuring the client received fair compensation for their injuries.
- Getting a personal injury lawyer for your TBI case in Georgia means you have someone looking out for your best interests, making sure you get the compensation you need for both now and the future.
- Without an injury attorney, you could end up accepting a settlement that’s much less than what you deserve.
What is a traumatic brain injury?
A traumatic brain injury (TBI) happens when something hits or jolts the brain, interrupting its normal function. TBIs can range from mild to severe, depending on how much the brain is affected.
It’s important to understand what causes TBIs and their impact so you can decide whether to take legal action and get the compensation you need.
Types of TBIs
Concussions
Concussions are the most common type of TBI and are often considered a mild traumatic brain injury. They occur when a jolt to the head or a violent shaking causes the brain to move rapidly within the skull.
Symptoms can include:
- Headaches
- Dizziness
- Confusion
- Temporary loss of consciousness.
While many people recover from concussions with rest, repeated concussions can lead to long-term issues.
Contusions
A contusion is a bruise on the brain that happens from a direct hit, causing bleeding and swelling in the area. This kind of injury can lead to serious problems, like damage to brain tissue and lasting issues with things like movement, speech, or thinking.
Diffuse Axonal Injuries (DAI)
Diffuse axonal injury occurs when the brain is subjected to rapid acceleration or deceleration forces, causing widespread damage to the brain’s axons (nerve fibers).
This type of injury can result in severe and long-lasting effects, including:
- Coma
- Seizures
- Persistent vegetative state
- Profound cognitive impairments
- Severe motor impairments
- Speech and language disorders
- Altered emotional responses and behaviors
- Difficulty with daily activities
Penetrating Injuries
These injuries occur when an object, such as a bullet or sharp fragment, penetrates the skull and damages brain tissue directly. Penetrating injuries can be extremely severe, leading to significant neurological deficits and complications.
No matter the severity of the injury, our team is here to fight for justice. Contact us today for a free consultation
Causes of TBI
Traumatic brain injuries (TBIs) can happen because of different kinds of incidents. Here are some of the most common causes of TBIs, especially in Georgia:
- Falls are the leading cause of TBIs, especially among young children and the elderly. In Georgia, slipS and falls are a significant cause of TBI, particularly in older adults.
- Car accidents, including collisions, rollovers, and crashes, are major contributors to TBIs. The force of impact can cause the brain to collide with the skull or result in severe jolting.
- Sports-related TBIs often happen from head impacts or quick movements in activities like football, soccer, and hockey. These head injuries are common among young athletes in Georgia, with growing concern about concussions in high school and college sports programs.
- Violence, such as assaults and gunshot wounds, can cause severe TBIs through direct trauma. While less common than falls or auto accidents, violent incidents still contribute to TBI cases in Georgia.
- Occupational injuries, especially in construction and manufacturing, can cause TBIs due to falls or equipment accidents. In Georgia, workplace accidents, particularly in construction, contribute to TBI cases.
If you or someone you know has suffered a brain injury due to one of these causes, seeking professional advice from a Georgia brain injury attorney can help ensure proper treatment and compensation.
Read Also: average slip and fall settlement amounts
TBI effects
Traumatic brain injuries (TBIs) can affect people in many different ways. These effects can be short-term or last a lifetime, and they can change the lives of both the person injured and their family.
- Physical effects: Concussions often cause headaches, dizziness, and fatigue, which usually improve over time. More severe TBIs can lead to lasting issues like impaired motor skills, paralysis, balance, speech, or difficulty walking.
- Cognitive effects: TBI victims often face problems with short-term memory, focus, and language skills, impacting daily tasks and work. They may struggle with conversations, expressing thoughts, and problem-solving, affecting their ability to plan and make decisions.
- Emotional and psychological effects: TBIs can lead to emotional instability, where victims may experience sudden mood swings, anxiety, or depression. In severe cases, personality shifts may occur, causing distress both for the individual and their family.
- Financial and emotional toll: Ongoing medical treatment, therapy, and rehab can be expensive, creating a heavy financial burden. The emotional strain of caregiving and adjusting to new limitations also takes a toll on both the victim and their family.
Traumatic brain injuries can seriously impact a person’s physical, mental, and emotional well-being. Taking legal action can help victims get compensation for medical bills, lost wages, and other expenses.
Seek expert legal advice for your TBI claim
If you or someone you care about has suffered a traumatic brain injury, getting expert legal advice is important. Handling TBI claims can be tricky, but our skilled injury lawyer can make a big difference in your case.
At Jamie Casino Injury Attorneys, we get how tough a TBI can be and we’re here to help you get the compensation you need. Our law firm has the knowledge of the law and makes sure all the details of your injury are taken into account.
You don’t have to go through this alone. We’re here to offer the support and guidance you need to secure the best possible outcome for your TBI claim.
Please get in touch with our law firm today to talk about your situation and see what your legal options are.