If you’ve been in a serious accident you may wonder, what is the average payout for a head injury? Because there is no average head injury, it’s hard to say; but there are common factors that affect the payout amount. Each head injury is unique, but those who are injured in an accident have a shared next step. Everyone who suffers a severe head injury should get legal help so their rights to compensation are protected. If you or a loved one suffered a severe head injury in an accident, contact Wapner Newman. The injury may have a serious and long-term impact on your life. Medical care and rehabilitation may be needed for months or years. Your ability to earn a living may be sharply cut in the near or long-term. Without the help of an attorney, you may settle your case for far less than it’s worth. Many factors go into determining a payout amount for a head injury. Some important ones are:
- Kind of injury
- How severely it affects you
- How long it affects you.
The Average Settlement Amount for a Head Injury Varies, Depending on the Type of Accident
Many accidents can cause a head or traumatic brain injury (TBI). They may or may not cause an open head wound or leave the victim unconscious. They include:- Motor vehicle crashes
- Motorcycle accidents
- ATV accidents
- Bicycle and pedestrian accidents with vehicles
- Falls
- Workplace injuries.
Staying Awake After Suffering a Head Injury Doesn’t Mean It’s Not Serious
Your head injury may be obvious. It’s so severe it knocks you unconscious. How you speak or act may show that your brain is clearly impacted. But that’s not always the case. After your accident, you may not realize you suffered a head injury. You may feel OK for a while, but symptoms will start to affect you. They include:- Headaches
- Losing balance
- Difficulty seeing correctly
- Seizures
- Changes in sensory perception
- Difficulty talking and swallowing
- Personality changes
- Difficulty choosing words, forming sentences, and communicating
- Confusion
- Difficulty with reason, focus, and logic
- Memory problems.
The Payout for Head Injury is Based Partially on How Severe It Is
A critical issue in determining the value of your case is the severity of your injury. If something struck your head and impacted a particular area, that area may suffer severely. But the rest of your brain may be much less impaired. Brain injuries are often caused by the initial force (the primary injuries), then secondary injuries happen to other parts of the brain.- If your head hits the pavement after a bicycle accident, the fall may injure the part of the brain at the point of impact and the opposite side of the brain, too. This is common in vehicle accidents when the victim’s head snaps back and forth. The brain hits the inside of the skull on opposite sides.
- You may suffer a skull fracture, which could lead to an infection.
- Violent stopping may force your neck to twist, tearing connections in the brain tissue.
- The entire brain could also be harmed because of all the force moving inside the skull. It could become bruised and swollen. Brain tissue could be torn. Blood vessels could burst, causing brain damage due to a lack of blood and oxygen.
The Glasgow Coma Scale Measures Brain Injury Severity
Most head injury victims lose consciousness. The length and depth of this unconsciousness is an important sign of the seriousness of the injury. Medical professionals measure brain injury severity by using the Glasgow Coma Scale (GCS). It assigns numbers to eye, verbal, and motor responses. It also adds the numbers for a total GCS score from one to fifteen. An 8 or lower means the victim is at the greatest risk for serious, long-term disability or death. The degree of injury falls into three categories:- Mild TBI: The person stayed conscious or lost it but recovered within 30 minutes. For up to a year, the person may be dizzy, unbalanced, confused, have disturbed sleep patterns, suffer mood swings and depression. The CGS score would be 13-15.
- Moderate TBI: The victim is unconscious for 30 minutes to 24 hours. The person may not be able to communicate, suffer partial paralysis, and have a reduced ability to think. The score would be 9-12.
- Serious TBI: The person is in a coma for more than 24 hours. He or she has a very high risk of permanent disabilities, living in a vegetative state, or dying. The victim’s family is very likely to also suffer difficult physical, emotional, and financial hardships. The CGS score would be 8 or less.
The Payout for Head Injury Cases Has Many Elements
In addition to the length and severity of the injury, the payout for a head injury is based on:- Past and expected future bills for medical care, rehabilitation, and related costs
- Out of pocket losses and bills because of the accident and injuries
- Past lost wages and reduced income expected in the future
- Pain, suffering, and mental anguish
- Impact on relationships
- The strength of the evidence supporting the case
- The limits and exclusions on the insurance policy or policies used.