Brain injuries can be devastating and life-altering. Whether caused by a motor vehicle accident, workplace incident, or slip and fall, a traumatic brain injury (TBI) often results in long-term medical care, emotional distress, and significant financial losses. One of the most common questions we hear at Ted Law Firm is: “What is the average settlement for a brain injury?” While there is no universal answer, understanding the key factors involved can help you pursue a fair settlement and get the compensation you deserve.
Understanding Brain Injuries
Brain injuries fall into two main categories:
- Traumatic Brain Injury (TBI) – Caused by external force, such as a car crash, motorcycle accident, or sports injuries.
- Acquired Brain Injury (ABI) – Caused by internal factors like stroke, oxygen deprivation, or medical malpractice.
Severity ranges from a mild concussion to a severe brain injury involving permanent disability or even long-term care needs.
Common Causes of Brain Injuries
- Car and truck accidents
- Motorcycle accidents
- Workplace injuries
- Assault
- Falls, particularly among the elderly or construction workers
- Medical negligence
Each case is unique and must be carefully evaluated to determine fault and estimate the true value of your personal injury claims.
Factors That Impact Brain Injury Settlements
1. Severity of Injury
- A mild brain injury with full recovery might result in smaller settlement amounts.
- A traumatic brain injury lawsuit involving ongoing cognitive impairment or loss of enjoyment of life will typically demand more.
2. Medical Expenses
Your claim should cover all medical bills, including:
- Emergency care
- Medical treatment and rehabilitation
- Physical therapy
- Cognitive therapy
- Medications
- Future medical costs (via a life care plan)
3. Loss of Income
If your injury limits your ability to work or results in long-term disability, compensation for lost wages and reduced earning capacity will be essential.
4. Non-Economic Damages
These include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Quality of life reduction
These non-economic damages can often exceed the value of your medical costs.
5. Long-Term or Permanent Disability
For victims requiring 24/7 care, millions of dollars in compensation may be necessary to cover:
- Home modifications
- Long-term nursing
- Loss of companionship
6. Liability and Insurance
Proving negligence is critical. If the fault party is clearly liable and carries substantial insurance coverage, you’re more likely to receive fair compensation.
In comparative negligence states like South Carolina, your compensation may be reduced based on your share of fault.
What Is the Average Settlement for a Brain Injury?
Settlement ranges vary widely based on circumstances. General estimates include:
| Type of Injury | Estimated Settlement Range |
| Mild TBI (full recovery) | $20,000 – $100,000 |
| Moderate TBI (cognitive issues, missed work) | $100,000 – $500,000 |
| Severe TBI (permanent disability ) | $500,000 – $3 million+ |
| Catastrophic injury | $3 million – $10 million+ |
Real Case Examples
- Mild TBI from car crash – $80,000 settlement covering medical bills and loss of income
- Moderate TBI from workplace fall – $300,000
- Severe brain injury from truck accident – $2.8 million, due to lifelong care needs
Importance of Insurance Coverage
Even a strong case can be limited by available insurance policy limits. This is why it’s vital to evaluate:
- Auto insurance
- Commercial insurance
- Homeowner’s insurance
- Workers’ compensation
- Underinsured motorist coverage
Your experienced attorney can identify all avenues for recovery.
The Role of Medical Documentation and Experts
Solid medical records, including CT scans, MRIs, and evaluations from medical experts, are crucial for linking the head injury to the accident. A strong legal team will also use life care plans to project future medical expenses, long-term disability, and other financial burdens.
Punitive Damages
In cases of gross negligence, such as drunk driving, you may also be awarded punitive damages. These are meant to punish the wrongdoer and can increase settlement amounts significantly.
Filing a Traumatic Brain Injury Lawsuit in South Carolina
Under South Carolina law, you typically have three years to file a personal injury lawsuit, but exceptions apply. Failing to act in time can cost you the chance to recover damages.
Why You Need Legal Representation
Navigating a traumatic brain injury settlement without an experienced attorney can result in a lower offer from insurance companies. At Ted Law Firm, we:
- Thoroughly investigate every case
- Work with top medical professionals
- Handle aggressive negotiations
- Prepare for trial if necessary
How Ted Law Firm Can Help
At Ted Law Firm, we fight for brain injury victims across South Carolina. We understand the physical, emotional, and financial burdens you face and are committed to securing the fair settlement you need.
Our services include:
- Detailed case evaluation
- Expert consultations
- Accurate damage calculations
- Handling all legal procedures
Ready to Take the Next Step?
If you or a loved one has suffered a traumatic brain injury, don’t wait. Contact the Ted Law Firm for a free, confidential consultation. Let our personal injury lawyers handle the legal process so you can focus on healing. We proudly serve injury victims in Aiken, Anderson, Columbia, Greenville, North Augusta and Orangeburg. If you’ve been injured due to someone else, our experienced attorneys are here to help you seek justice and recover the compensation you deserve. Contact us today for a free consultation.
