We base our expectations for a good settlement in a traumatic brain injury (TBI) case on the plaintiff’s economic and non-economic damages. Our lawyers can add up all medical expenses, lost wages, and damages from pain and suffering to see what you deserve.
While a good settlement covers all damages, including current and future losses, a bad settlement leaves out compensation, typically for non-economic damages. To obtain a good settlement, we need evidence of the defendant’s negligence and the plaintiff’s damages. If we cannot reach a fair settlement out of court, we may take your case to trial.
For a confidential and free case review from our Austin, TX personal injury lawyers at Cap City Injury Attorneys, call us today at (512) 612-3110.
What Damages Are Covered in a Good Traumatic Brain Injury Settlement in Texas?
We can explain which damages should be covered in a settlement so that you don’t accept an offer that’s too low.
Medical Bills
A TBI settlement should cover all medical expenses, current and future. We can add up all hospital bills to date and include the estimated cost of upcoming procedures or treatments. Traumatic brain injuries often require ongoing care, mobility aids, physical therapy, and even in-house medical assistance, so you should also seek future damages in a settlement.
Lost Wages
A good settlement should also cover lost wages, as victims often cannot return to work after sustaining TBIs. You may never work again or at the same earning level, entitling you to future lost wages as well.
Other Out-of-Pocket Expenses
You may be unable to drive because of a TBI, resulting in transportation expenses. Victims with children may need to hire childcare services because of a devastating traumatic brain injury, which an out-of-court settlement should also cover.
Non-Economic Damages
Traumatic brain injuries have long-lasting, often permanent effects. They can impair cognitive function and physical movement and generally reduce victims’ quality of life. Defendants often lowball initial settlement offers, leaving out enough for non-economic damages. Let us advocate for more compensation for pain and suffering in a settlement so you don’t accept a bad offer.
What Evidence Do You Need to Get a Good Settlement for a Traumatic Brain Injury?
We need evidence of the defendant’s negligence and the victim’s damages to get a good settlement in a Texas traumatic brain injury case.
Proof of the Defendant’s Negligence
We can prove the defendant’s negligent conduct injured you using eyewitness statements, surveillance footage, accident reconstruction, and photos. Having this evidence gives us leverage during settlement negotiations, convincing the defendant that they will be found liable in court if the case goes to trial.
You can help our Temple, TX personal injury lawyers by providing any evidence you obtained at the scene, such as eyewitnesses’ names and contact information or photographs.
Proof of the Plaintiff’s Damages
We also need proof of all your damages from a TBI, starting with medical bills. We can organize bills from hospitals, specialists, and any physicians you see for your recovery. We can also get paychecks and tax returns to prove your lost wages, along with physician statements confirming your TBI prevents you from working.
Victims provide valuable proof of non-economic damages by providing statements, confiding in mental health professionals, and documenting their pain and suffering in journals. Victims who testify in court may compel larger awards and favorable verdicts from juries, and defendants may try to avoid this by settling out of court.
FAQs About Traumatic Brain Injury Settlements
What’s the Average TBI Settlement Amount?
Brain injuries vary in severity and impact on the victim’s life, so settlement amounts also vary. For example, compensation for a severe, disabling TBI may be greater than damages awarded for a concussion or moderate TBI that temporarily affects your ability to work.
Does Texas Limit TBI Settlements?
In TBI lawsuits arising from car accidents, slip and fall incidents, and other general personal injury claims, Texas does not limit damages in settlements or jury awards. For TBI cases against doctors or healthcare facilities, Texas limits non-economic damages in medical malpractice claims, and compensation in lawsuits against governmental entities is limited.
Can You Get Exemplary Damages from a TBI Settlement?
Exemplary damages are only awarded at trials in Texas, so you cannot get them by settling a case. If we see clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence, we may advise you to go to trial and seek exemplary damages.
What Medical Records Do You Need to Get a Good TBI Settlement?
To get a good TBI settlement, our lawyers can get and use MRIs, CT scans, neurological assessment results, physician notes and statements, and any other relevant medical records.
How Long Does it Take to Get a Good Settlement for a Traumatic Brain Injury?
How long it takes to get a good TBI settlement depends on the case. Be careful of accepting initial settlement offers, as they may be very low. Be patient during settlement conversations, and let our attorneys negotiate on your behalf.
What if You Can’t Get a Good TBI Settlement?
If a stubborn defendant refuses to give a good TBI settlement, we can take your case to trial. We can present our evidence in court to obtain a large jury award, which may exceed any settlement the stubborn defendant would have offered.
Do You Need an Attorney to Get a Good Settlement for a TBI in Texas?
If you don’t have an attorney to represent you during settlement negotiations for a traumatic brain injury, you risk undervaluing your claim and accepting a lowball offer. You also risk having insufficient evidence if your case goes to trial.
Call Our Texas Lawyers About Your TBI Case Today
Call the Kyle, TX personal injury lawyers of Cap City Injury Attorneys at (512) 612-3110 for a free case assessment.