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Should I Accept a Traumatic Brain Injury Settlement?
Brain injury victims should accept a settlement only after understanding the full extent of the injury and costs involved. Deciding whether to accept a TBI settlement should not be taken lightly, especially if an insurance company is pressuring the victim to take it. TBI settlement amounts can range from tens of thousands to several million dollars, depending on medical expenses, lost wages, and future care needs. Below we share when to accept a TBI settlement, how settlements are determined, and steps to take to maximize compensation. More about our TBI lawyers in D.C. here.
When Should You Accept a Traumatic Brain Injury (TBI) Settlement?
A victim may accept a TBI settlement if it covers all past and future medical expenses, lost wages, and other costs (legally termed “damages”) associated with their injury. Additionally, a victim should only settle if their medical condition has stabilized and they fully understand the impact of their injuries. If an insurance company is applying pressure to accept some offer, it is wise to have an attorney review the terms and negotiate a fair and appropriate settlement based on similar cases.
When Should You NOT Accept a TBI Settlement?
If a victim is still undergoing medical treatment and the long-term effects of the injury remain unclear, they should not accept a TBI settlement yet. They need to confirm that the settlement adequately covers future medical care, loss of earning capacity, and non-economic damages such as pain and suffering. Additionally, if the insurance company presses the victim to settle quickly, often with a lowball offer, they should not give in.
What Determines a TBI Settlement?
A TBI settlement is determined based on the severity of the injury, with more severe impairments leading to higher compensation, and medical expenses, which include immediate and long-term care costs. Additional considerations include loss of income and reduced earning capacity, pain and suffering. But shared fault laws and insurance policy caps may limit the compensation.
1. Severity of the Injury
The more severe the brain injury, the higher the potential settlement. TBIs that cause long-term cognitive, emotional, or physical impairments — such as memory loss, motor dysfunction, or personality changes — can significantly affect a person’s quality of life, thus resulting in higher compensation.
2. Medical Expenses
A settlement should cover both immediate and future medical costs, including:
- Hospitalization & emergency care
- Surgery & rehabilitation therapy
- Ongoing treatments, medications, and assistive devices
- Psychological counseling & cognitive therapy
Since a brain injury may require long-term or even lifelong medical care, the estimated cost of future treatment is included in the settlement value.
3. Loss of Income & Reduced Earning Capacity
If the brain injury affects the victim’s ability to work, either temporarily or permanently, the settlement should compensate for lost wages and diminished earning potential. This includes time off work during recovery, reduced work hours due to cognitive impairments, and the inability to return to the same career path or perform previous job duties
4. Pain and Suffering
Unlike economic damages (like medical bills), pain and suffering account for emotional distress, mental anguish, and reduced quality of life. A TBI can lead to:
- Depression, anxiety, PTSD, and personality changes
- Chronic pain or headaches
- Loss of enjoyment of life
Since the cost of these pains is subjective, settlements can vary widely based on legal arguments and expert testimony.
5. Shared Fault & Contributory Negligence
Some jurisdictions reduce or deny compensation if the injured person is found partially at fault for the accident. For example, in Washington, D.C., strict contributory negligence limitation means that even slight fault on the victim’s part could eliminate their ability to recover damages. In such a state, it may be better to keep the case out of court if the victim had some provable fault in the accident.
6. Legal Representation & Negotiation
An experienced brain injury attorney can significantly influence settlement value by maximizing all damages — both immediate and future.
Skilled legal representation can also negotiate aggressively with insurance companies, present strong medical evidence, and advocate for non-economic damages like pain and suffering
7. Insurance Policy Limits
Even if a case is worth millions, an insurance company’s settlement is limited to the policy’s cap. If the at-fault party’s insurance policy has a low coverage limit, it may restrict the amount a victim can recover unless additional assets are available. The victim may pursue the at-fault party’s personal assets or other insurers of the liable party.
Reasons Why Settling Too Soon After a TBI Can Be Risky
Settling too soon after a TBI can leave a victim without the compensation needed for recovery. Since a brain injury may have delayed or evolving symptoms, it’s better for the victim to wait until the long-term impact is fully understood before accepting an offer. Insurance companies do not prioritize the victim’s best interests, and once a settlement is accepted, there is no opportunity to request additional compensation.
Below are key reasons why waiting and carefully evaluating a settlement is essential.
1. Brain Injuries Are Hard to Diagnose and Some Injuries Evolve Over Time
Unlike other injuries like broken bones, TBIs don’t always show up on standard medical scans right away. Even advanced imaging like MRIs and CT scans might not detect subtle brain damage; some symptoms take weeks to become fully evident.
Immediately after a Traumatic Brain Injury (TBI), a victim may experience headaches, confusion, dizziness, and fatigue, which can appear temporary and may initially improve. However, emotional and cognitive symptoms — such as frustration, irritability, and mood swings — often develop gradually during the recovery process. This delay can make it difficult to fully grasp the severity of the injury, leading victims to underestimate their long-term medical and financial needs. A thorough medical evaluation over time is essential to understanding the full impact of the injury before agreeing to a settlement.
2. Insurance Companies Don’t Have Your Best Interests at Heart
If an insurance company pressures a victim to accept an offer quickly, it is often because they know the claim is worth more than what they are offering. They rely on injured victims feeling financial strain, hoping they will accept a quick payout instead of pursuing full compensation.
Insurance companies prioritize profits over fairness and often:
- Pressure victims to settle quickly before they fully understand their injuries
- Offer lowball settlements that fail to cover long-term damages
- Use delay tactics to frustrate claimants into accepting less
- Discourage victims from seeking legal representation
A victim may work with an attorney to counter the insurer’s arguments and negotiate a better settlement.
3. Settlements Are Final – You Waive the Right to Further Legal Action
Once a victim accepts a TBI settlement, they cannot seek additional compensation in the future, even if the symptoms worsen over time, unexpected medical treatments become necessary, or a long-term disability develops.
If the settlement amount is insufficient, the victim is legally barred from pursuing further compensation, regardless of how their condition evolves.
What To Do Before Accepting a Traumatic Brain Injury Settlement
Before accepting a TBI settlement, a victim should obtain a comprehensive medical evaluation and consider both current and future medical expenses. The settlement should cover all potential damages, including lost wages, pain and suffering, and long-term care needs. If feeling undecided, a victim may have an attorney review the settlement to validate it is fair and adequate.
1. Fully Understand The Injuries and Medical Costs
A TBI can have delayed or evolving symptoms, so it’s safer to complete all necessary medical evaluations before considering a settlement. A brain injury victim should consult with neurologists, rehabilitation specialists, and mental health professionals to assess:
- Cognitive impairments (memory loss, brain fog, difficulty concentrating)
- Emotional and psychological effects (anxiety, depression, personality changes)
- Physical limitations (headaches, dizziness, chronic pain)
- Long-term medical needs (therapy, medications, assistive devices)
TBI victims should not settle before they have a complete diagnosis and prognosis from medical professionals. It will help determine future expenses such as ongoing therapy (physical, occupational, speech), cognitive rehabilitation, medications for chronic pain, depression, or anxiety, and future surgeries or specialized care
2. Have a Brain Injury Attorney Review the Offer
Insurance companies often offer settlements far below the actual value of a TBI claim. A personal injury attorney with experience in TBI cases can evaluate whether the offer is fair and comprehensive, negotiate for maximum compensation, ensure all economic and non-economic damages are included, and protect the victim from insurance tactics that pressure quick settlements.
3. Negotiate Aggressively to Reach the True Case Value
Before accepting a TBI settlement from an insurance company, a victim should compare their case with similar settlements to determine a fair compensation amount. It is crucial to ensure that all medical costs—past, present, and future—are covered, along with pain and suffering, lost wages, and diminished earning capacity.
To evaluate the settlement, consider:
- Does the offer cover all financial losses?
- Has the victim reached Maximum Medical Improvement (MMI), so their condition is stable?
- Will ongoing medical treatment, therapy, or adaptive assistance be required?
- Does the settlement include compensation for emotional distress and loss of quality of life?
If the settlement fails to address future needs fully, the victim should reject the offer and continue negotiations.
Possible Damages That Can Be Compensated in a TBI Settlement
A victim can pursue compensation for all relevant damage in these categories to ensure the settlement fully covers the extent of their losses.
- Lost Wages – Past and future earnings lost due to the injury
- Medical Expenses – Both current and anticipated costs
- Physical Pain and Suffering – Ongoing discomfort, headaches, and nerve pain
- Emotional or Mental Anguish – Psychological distress, anxiety, PTSD
- Loss of Consortium – Impact on marriage or relationships
- Loss of Companionship and Society – Social and family impact
- Disfigurement – Permanent scars or visible injuries
- Impairment – Reduced mobility, cognitive function, or overall ability
- Loss of Enjoyment of Life – Impact on daily activities and hobbies
What Happens If I Don’t Accept The Offer?
A victim can pursue fair compensation for a Traumatic Brain Injury (TBI) by exploring several legal options if the initial settlement offer is insufficient. Declining an offer does not mean compensation is unavailable — it simply indicates that the proposed amount does not fully cover the victim’s damages.
Here’s what happens next:
- Continued Negotiation – A victim’s attorney can negotiate for a higher settlement, using medical evidence, expert opinions, and financial assessments to justify an increased payout.
- Filing a Lawsuit – If negotiations fail, the victim may file a personal injury lawsuit against the at-fault party, often prompting the insurance company to offer a fairer settlement to avoid trial.
- Discovery and mediation – Both sides exchange evidence and expert testimony, and mediation may be required to facilitate a settlement agreement without going to court.
- Going to Trial – If a fair settlement isn’t reached, the case may proceed to trial, where a judge or jury determines the outcome. Severe TBI cases often result in higher compensation when litigated.
Note that a victim must act within the legal time limit to pursue compensation. For example, in Washington, D.C., the statute of limitations for personal injury claims is three years from the date of injury, meaning victims have a three-year window to file a lawsuit.
Only Accept a Traumatic Brain Injury Settlement When You Feel Fully Content
Patience is key in brain injury cases. Traumatic Brain Injury (TBI) victims should only accept a settlement when they are fully confident it covers all medical expenses, lost wages, future care, and non-economic damages such as pain and suffering. Before settling, victims must ensure their condition is stable, understand the long-term impact, and have an attorney review the offer. Since settlements are final, victims should take the time to negotiate fair compensation before accepting. But not too long because personal injury claims must be filed within the statute of limitations (e.g., three years in Washington, D.C.).
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