Multi-Million Dollar TBI Verdicts: What Factors Influence Compensation?

Multi-Million Dollar TBI Verdicts: What Factors Influence Compensation?

A traumatic brain injury (TBI) can be a life-altering event, leading to significant physical, cognitive, and emotional challenges. When a TBI results from someone else’s negligence, victims may be entitled to substantial compensation. While the average TBI settlement is $540,000, multi-million dollar verdicts are possible in severe cases. What factors contribute to these high-value outcomes? Understanding these elements is crucial for anyone navigating the complexities of a TBI claim.

Understanding Traumatic Brain Injuries

A TBI is an injury to the brain caused by an external force, such as a blow, jolt, or penetrating injury. TBIs can range from mild concussions to severe injuries with permanent disabilities. According to the CDC, TBI is a major cause of death and disability, with over 69,000 TBI-related deaths recorded in the United States in 2021.

Key Factors Influencing Multi-Million Dollar TBI Verdicts

Several factors can significantly impact the compensation awarded in a TBI case:

  1. Severity of the Injury: The severity of the TBI is the most critical factor. Severe TBIs often result in long-term or permanent disabilities, requiring extensive medical care and significantly impacting the victim’s quality of life. Settlements for moderate TBIs typically account for ongoing therapy, psychological support, reduced earning capacity, and diminished quality of life. In contrast, severe TBIs may lead to settlements reaching millions due to the extensive medical, psychological, and financial toll.

  2. Economic Damages: These are tangible financial losses resulting from the injury.

    • Medical Expenses: This includes all healthcare costs, such as emergency services, surgeries, treatments, therapy, rehabilitation, medications, and assistive devices. Compensation includes reimbursement for all related medical care, past, current, and anticipated in the future.
    • Lost Wages: This covers income lost from being unable to work during recovery, including overtime, sick pay, vacation time, tips, commissions, and bonuses.
    • Diminished Earning Capacity: This accounts for the loss of future income due to the injury, especially when the victim can no longer work in their current job or pursue future career goals. Attorneys often work with economists and vocational experts to calculate the loss of future income.
    • Future or Long-Term Medical Care: The anticipated ongoing medical needs, such as future treatments, procedures, rehabilitations, and prescription medications, can significantly influence TBI settlements. Lawyers may work with life care planners to project long-term care needs and associated expenses.

  3. Non-Economic Damages: These are intangible losses that are more challenging to quantify.

    • Pain and Suffering: This includes physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life. Emotional suffering is also significant, as it can greatly influence settlement calculations, especially in cases involving severe TBIs.
    • Loss of Consortium: This refers to the impairment or loss of the intangible benefits of a relationship, such as companionship, affection, emotional support, and guidance. Spouses and domestic partners may file for loss of consortium when there is a loss of physical intimacy due to changes in the TBI victim’s behavior, personality, and cognitive abilities.

  4. Liability and Negligence: Clear liability significantly impacts the settlement amount. If the fault for the underlying accident is evident, the settlement sum would be higher. To establish negligence, it must be proven that the defendant owed a duty of care, breached that duty, and that the breach directly caused the injury, resulting in damages.

  5. Expert Testimony: Expert witnesses play a crucial role in TBI cases by providing specialized knowledge and explaining complex medical concepts to the court.

    • Neurologists: Provide medical evidence regarding the nature and severity of the brain injury.
    • Neuropsychologists: Evaluate the cognitive, psychological, and emotional impact of the injury, showing how the TBI affects the victim’s daily life.
    • Life Care Planners: Develop detailed plans outlining the victim’s needs for the rest of their lives and estimate the costs of ongoing care.
    • Accident Reconstruction Experts: Provide insight into how the accident happened and how it may have caused the TBI, proving liability and causation.

  6. Age of the Victim: The victim’s age is a significant consideration, as younger individuals typically have a greater earning capacity and longer life expectancy, leading to higher settlements. Similarly, if a child or teenager suffers a TBI that leaves them seriously disabled, lifelong care costs are included in the claim.

  7. Egregiousness of the Negligence: The more egregious the negligent party’s conduct, the greater the value of the case. This factor can significantly influence the settlement amount, as the threat of a large verdict drives the at-fault defendant or their insurance carrier to pay more.

Calculating a Fair Settlement Amount

Calculating a fair TBI settlement involves adding up economic and non-economic damages. Economic damages are tangible, calculable financial losses, while non-economic damages are more subjective but critical components of a fair TBI settlement. There are a few different ways to calculate non-economic damages with the Multiplier Method being one of them. In some cases, attorneys will estimate non-economic damages by multiplying the amount of economic damages by a certain number ranging from 5 to 10.

Challenges in TBI Cases

Proving damages in a TBI case can be complex, requiring an attorney who understands the nuances of these cases. Complications that may arise include:

  • Invisible Injuries: The severe effects of a TBI are often not visible, making the damages harder to quantify.
  • Pre-Existing Conditions: Insurance companies may argue that the symptoms stem from an earlier injury or unrelated medical issue.
  • Causation Disputes: The defendant may suggest that the accident wasn’t the direct cause of the TBI.

Recent TBI Settlements and Verdicts

  • \$32,756,156: Jury verdict for a Vietnam veteran who sustained massive brain damage after being hit by a car.
  • \$13,500,000: Settlement for a 24-year-old woman who suffered a TBI after being hit by a car while walking home at night.
  • \$8,800,000: Settlement for a 53-year-old woman who suffered a TBI after being hit by a van that jumped the sidewalk.
  • \$60,260,000: Jury award for a man injured when a train derailed and crashed into the gas station where he was working, causing a mild TBI.
  • \$10,000,000: Settlement for a 16-year-old teenager who suffered a TBI during a private school physical education golf class when struck in the head by a golf ball.

The Role of a TBI Lawyer

Given the complexities of TBI cases, it’s crucial to work with an experienced attorney who can:

  • Evaluate the case and explain the victim’s rights.
  • Gather comprehensive evidence, including medical records, expert testimony, and eyewitness accounts.
  • Negotiate with insurance companies to reach a fair settlement.
  • Represent the victim in court if a settlement cannot be reached.

Advice

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, seeking legal assistance is essential to protect your rights and secure the compensation you deserve. A skilled TBI lawyer can help you navigate the legal process, build a strong case, and advocate for your best interests. Remember, the long-term costs of a TBI can be substantial, and a fair settlement is crucial for ensuring the victim’s future financial security and well-being.