Should I Accept a Traumatic Brain Injury Settlement?

Traumatic brain injuries (TBIs) often require extensive medical treatment and long-term care, and accepting a settlement too soon can leave victims without the compensation needed to cover future expenses. A fair settlement for a TBI should account for immediate and ongoing costs, ensuring financial security for the injured person and their family.

An Indianapolis traumatic brain injury lawyer from our team can evaluate whether an offer is reasonable based on your medical prognosis, lost income, and overall damages. In this article, we’ll cover the factors affecting TBI settlements, common legal challenges, and how we can help maximize compensation.

How Common Are Traumatic Brain Injuries in Indiana?

Each year, an estimated 11,880 people in Indiana visit the emergency room for TBI-related injuries, with national data suggesting around 44,000 cases statewide, according to CICOA. The most common causes include:

• Car accidents
• Falls
• Sports injuries
• Workplace incidents

TBIs can cause lasting effects, including memory loss, cognitive impairment, emotional distress, and permanent disability. Securing compensation is essential to afford medical treatments and other related costs, ensuring your future needs are met without overwhelming financial strain.

Factors That Impact a Traumatic Brain Injury Settlement

Several factors influence the value of a TBI settlement, including:

• Medical expenses: Emergency care, hospital stays, surgeries, and long-term rehabilitation increase settlement amounts.
• Lost wages: If a TBI affects employment, compensation should include lost income and future earning potential.
• Pain and suffering: TBIs often cause chronic headaches, mood disorders, and reduced quality of life, impacting the final settlement value.
• Comparative fault in Indiana: Under Indiana’s modified comparative fault rule (Indiana Code § 34-51-2), an injured party’s compensation may be reduced if they’re found partially at fault.
• Insurance policy limits: If the at-fault party has low insurance coverage, the final settlement will be limited.

Our legal team thoroughly evaluates each case to maximize compensation, gathering medical records, consulting experts, and negotiating aggressively with insurers. If policy limits or comparative fault impact your claim, we explore alternative compensation options to ensure you receive a settlement that fully reflects the long-term impact of your injury.

How Much Can You Expect to Recover in a TBI Case?

The value of a TBI settlement depends on injury severity, ongoing medical care, and legal strategy. While past case results don’t guarantee future outcomes, they can illustrate the potential compensation in similar cases. Here are some settlements we’ve secured for TBI victims in Indiana:

Notable TBI Case Results

• $18,500,000 settlement – The client suffered a traumatic brain injury in a truck accident.
• $5,250,000 settlement – Oxygen deprivation in a healthcare setting led to a significant brain injury.
• $1,800,000 settlement – Improper care resulted in a severe brain injury.

Every TBI case is different, but our case results show the potential for substantial compensation. Christie Farrell Lee & Bell leverages decades of experience to maximize compensation for brain injury victims across Indiana, and we can do the same on your behalf. Plus, there are no fees unless we win your case.

Factors That Influence Settlement Value

• Severity of injury: A mild concussion results in lower compensation than a life-altering brain injury with permanent disabilities.
• Future medical costs: Lifelong rehabilitation, home modifications, and in-home care raise settlement amounts.
• Impact on daily life: The inability to work, loss of independence, and emotional distress contribute to the overall case value.
• Insurance negotiation and legal representation: Our experienced attorneys can increase settlement value by building strong cases and negotiating effectively.

Should You Accept the First Settlement Offer?

Insurance companies often propose low initial settlement offers to limit payouts. The problem is that these offers may not fully cover all your costs, including:

• Future medical costs: TBIs can worsen over time, requiring ongoing treatments and therapies.
• Lost earning potential: Many TBI victims struggle to return to their previous occupations or maintain employment.
• Non-economic damages: A fair settlement must include emotional suffering, cognitive impairment, and diminished quality of life.

A personal injury attorney can assess the offer and negotiate for maximum compensation. You should also consider taking the right steps after a car accident in Indiana to strengthen your claim.

What to Do If an Insurance Company Undervalues Your TBI Case

If an insurer undervalues your claim, here’s what you should do:

• Gather medical documentation: Collect hospital records, rehabilitation reports, and diagnostic tests to demonstrate the severity of your injury and support your compensation claim.
• Consult an expert witness: Medical and financial experts can provide testimony on the long-term effects of your TBI, strengthening your case for fair compensation.
• Consider litigation: If settlement negotiations don’t result in a fair offer, filing a lawsuit may be necessary to recover the full damages you deserve.
• Document lifestyle changes: Keep a journal tracking pain levels, cognitive struggles, emotional distress, and any limitations in daily activities to illustrate the impact of your injury.
• Work with an experienced attorney: A lawyer can negotiate with insurers, build a strong case, and fight for a settlement that accurately reflects your long-term needs.

Contact an Indiana Traumatic Brain Injury Lawyer for a Free Consultation

A traumatic brain injury can have lasting physical, emotional, and financial consequences, making it essential to pursue a settlement that covers both immediate and long-term damages. Medical expenses, lost wages, ongoing rehabilitation, and pain and suffering should all be accounted for to ensure financial stability and access to necessary care.

For over 30 years, Christie Farrell Lee & Bell has fought for TBI victims, securing compensation that fully accounts for the lasting impact of their injuries. Our attorneys handle every legal aspect of brain injury cases, from negotiating with insurance companies to presenting compelling evidence in court.

Our firm offers an initial screening call, where a lawyer from our team can review your case and explain your options. If a traumatic brain injury has affected you or a loved one, we’re ready to help you fight for the compensation you deserve. Contact us today for a free case review.