Suffering a traumatic brain injury (TBI) can change life in an instant, not only for the injured but also for their family. When someone else’s negligence causes your injury, you may be entitled to compensation. Most of our clients typically ask about the potential value of their case, and that is a fair question, especially when medical bills are piling up quickly, yet work is impossible. We understand how having a rough figure can be helpful, but the truth is that there is not a single average settlement number you can rely on. Understanding how cases are valued is essential to gaining a clearer sense of what to expect.
Why Settlement Amounts Vary So Widely
If you have searched for TBI settlement averages in Kansas or Missouri, you have probably come across figures that seem all over the place. The “typical” numbers you have encountered rarely paint an accurate picture, because settlements depend on the facts of each case. One settlement can be in thousands, while another is in the range of several million dollars.
Below, we discuss some of the factors that drive these differences:
1. The Severity of the Injury
The most significant factor is the severity of the brain injury. A mild concussion that heals with rest may have a very different value from a severe TBI that causes lifelong issues such as memory loss or mobility issues. The more severe/ permanent the impact, the higher the settlement tends to be.
2. Medical Expenses
TBI care is expensive. As such, the final settlement may include both past, current, and future medical costs for ER visits, hospital stays, surgery, rehabilitation, medications, and, if you need lifelong in-home care, this must also be accounted for. Thus, the total compensation can increase significantly.
3. Lost Wages & Loss of Earning Capacity
Someone who misses work during recovery and another who completely loses the ability to work will have different settlement amounts. For the latter, the settlement must account for both current lost income and what the person would have earned over the course of their career.
4. Pain and Suffering
In addition to monetary damages, you may also have suffered non-monetary damages like depression, mood swings, and memory problems. These damages must also be factored in during settlement negotiations, especially when the symptoms are permanent.
5. Multiple Defendants
Where several parties contributed to the accident, you may recover compensation from each responsible party. This can increase overall settlement, although the resolution may take longer due to conflicts over who should pay what.
6. Liability and Insurance Coverage
Clear liability often leads to higher settlements. However, when the fault is disputed or the at-fault party is underinsured, the numbers shift. Also worth noting is that Missouri and Kansas both apply comparative negligence rules. So, if the injured person shares some of the blame, their compensation is reduced by the percentage of fault. In Kansas, specifically, you cannot recover anything if you are 50% more at fault.
Contact Us for Legal Help
If you or a loved one has suffered a traumatic brain injury, contact our experienced brain injury counsel at Griggs Injury Law for clear guidance on your options and how you can maximize your settlement.
