A traumatic brain injury (TBI) is one of the most serious types of injuries anyone can suffer. Whether caused by a car accident, a slip and fall accident, or another type of accident, a TBI can result in lasting cognitive impairment, emotional changes, and a lifetime of medical needs. On the brighter side, however, if someone else’s negligence caused your TBI in Kansas or Missouri, you may have the legal right to pursue compensation through a personal injury claim. But how much is a Kansas or Missouri TBI case worth? In this article, we tackle this question.
The Myth of the Average TBI Settlement
If you have already looked up the average settlement amount for TBI cases in Kansas or Missouri, you may have encountered some sites with general figures or “averages.” It is crucial to note that while these numbers can appear helpful, they can be misleading. There isn’t a general figure or average that you can reliably assume is accurate for your case. All traumatic brain injury cases are different. The factors surrounding a case are what determine the final outcome. Even an insurance company cannot offer a claimant an amount that they claim is average for their type of case without first understanding the circumstances surrounding the case.
Instead of asking what the average TBI settlement is, a more helpful question is: What factors influence the value of a TBI case?
What Factors Determine the Value of a TBI Case?
The following are some of the factors that can impact the value of your Kansas or Missouri traumatic brain injury case;
1. Severity of the Injury
The severity of a traumatic brain injury plays a major role in determining the value of a claim. Generally, the more serious the injury, the higher the potential compensation. A case involving severe, lasting symptoms, such as memory loss, problems with concentration, speech problems, slow thinking, and persistent headaches, will typically result in higher compensation. On the other hand, a TBI case involving mild symptoms will likely result in lower compensation because the medical costs, lost income, and non-economic damages are less substantial.
2. Economic and Non-Economic Damages
The value of a Kansas or Missouri TBI claim is determined by the damages suffered, both economic and non-economic. Economic damages include past and future medical expenses, lost wages, loss of future earning capacity, whereas non-economic damages include emotional distress, and pain and suffering.
3. Liability and Comparative Fault
Both Kansas and Missouri follow the comparative negligence rule. Under this rule, a claimant may recover compensation even if they contributed to their injury. However, their recovery will be affected by their percentage of fault.
Note: In Kansas, the law bars you from recovering compensation if you are more than 49% to blame for your TBI.
4. Available Insurance Coverage
Even if a TBI claim is worth a lot, the defendant’s insurance policy limits may cap how much the plaintiff can recover. However, in such cases, there may be other sources of compensation, including the plaintiff’s uninsured/underinsured motorist coverage, umbrella policies, and third-party liability.
Contact Us for Legal Help
If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, our experienced brain injury counsel at Griggs Injury Law can help you pursue fair compensation. Contact us today via 816-474-0202 to discuss your case.
