Traumatic brain injuries tend to be among the most dangerous ones for a person. These often lead to temporal or permanent disability, with severe injuries even leading to the victim's death.
Mild traumatic brain injuries still require extensive medical help, which will lead to more medical bills over time. Paying out of pocket for treatment can become overwhelming fast, especially if the victim is already dealing with the emotional toll of the accident.
Those with a traumatic brain injury case on their hands could seek compensation with the help of an Ohio brain injury lawyer. These people specialize in such injuries, which helps when building a solid case. Of course, the more severe the injury is, the more likely the victim is to get better compensation.
To determine the average settlement for traumatic brain injury, Ohio has certain laws in place, which will be reviewed below.
How Do Traumatic Brain Injuries Happen?
A brain injury, in this case, happens when external trauma affects the brain. People usually confuse them with head injuries.
The main difference between the two is that head injuries only affect the skull, meaning that brain injuries are much more severe.
Unfortunately, TBIs are one of the most common causes of disability and death in adults.
There are two types of traumatic brain injuries. Understanding the difference between them can make the process of personal injury cases easier to navigate:
Closed Brain Injury
It happens when the injury doesn't break the skull but still affects the brain. Usually, these injuries are triggered when there's a sudden shaking movement of the brain inside the skull. This causes the brain tissue and blood vessels to tear and bruise.
Closed brain injuries mostly happen during falls, commercial vehicle accidents, and excessive shaking.
Penetrating Brain Injury
An open brain injury happens when an external force breaks the skull. It may happen when a bullet pierces the skull, for example.
Both types of brain injury can be fatal for the victim, although the closed brain injury may be less invasive to treat in some cases.
What Are the Most Common Symptoms of a Brain Injury?
Due to the severity of a traumatic brain injury, victims can experience a wide range of symptoms. Knowing these symptoms can help the victim determine whether they have a mild, moderate, or severe injury.
Some of the most common symptoms include:
- Confusion
- Slurred speech
- Headaches
- Fatigue
- Nausea/vomiting
- Loss of coordination
- Sensitivity to light or sound
- Consciousness disorders
- Concentration issues
How Dangerous Is a Brain Injury?
All forms of traumatic brain injuries can lead to long-term consequences for a victim. Those with a mild injury, however, may recover with proper rest and the right medical care.
Unfortunately, not all TBIs are easy to treat. Depending on the case, the victim may need life-long rehabilitation or deal with a permanent disability.
Common outcomes of a TBI include:
Sensory deficits
Cognitive deficits
Motor deficits
Functional deficits
Communicational deficits
Personality changes
Traumatic epilepsy
Social difficulties
Regardless of how mild or severe the injury may seem to be, it's crucial to seek medical help immediately. Addressing these issues in time can make all the difference during the person's long-term recovery process.
Most of these conditions are expensive to treat, which is why hiring the best personal injury attorney in Toledo to file a brain injury lawsuit may be the victim's best bet to get justice for what happened.
What's the Average Traumatic Brain Injury Settlement in Ohio?
The median personal injury verdict for such cases is around $700,000. It's complicated to come up with a specific number because of how these injuries vary per case.
TBIs, however, are known for being expensive, so victims can expect considerable settlement amounts if they're able to prove someone else's negligence.
About 3% of Ohio personal injury verdicts go higher than $1,000,000. While this doesn't guarantee the victim will get that amount, getting help from an experienced personal injury attorney will increase their odds. They can also advise on an average settlement for slipped disc Ohio.
Which Factors Affect Traumatic Brain Injury Settlements?
Many factors affect how much compensation someone can earn from their case. As mentioned, hiring a lawyer increases the victim's odds since they will get proper representation against the at-fault party and their insurance company.
The most common factors include:
Liability
Ohio is an "at-fault" state, which means the at-fault driver is responsible for paying for the victim's treatment. The victim, in turn, must prove the defendant was the one who acted recklessly and that said actions led to their injuries.
Number of Defendants
If the case involves several defendants, the settlement negotiations will change, as the victim would have to deal with several insurance companies. It will also be harder to calculate how liable each person is.
Severity of the Injury
In most cases, the more severe the TBIs are, the more the victim can expect to earn in compensation. A person who can recover within a few months from their injury will not earn the same as another who got paralyzed because of an accident, for example.
Decreased Ability to Earn a Living
It's crucial to determine whether the victim can still work after such an accident. If their ability to earn is affected by the injury, they'll be entitled to further compensation for lost wages and future earnings.
Medical Bills
Medical bills will pile up as the injury worsens. If the victim can show proof of all the bills they've had to pay, that will show how severe the problem is, which can lead to more compensation.
Emotional Distress
TBIs cause more than physical issues. Usually, these injuries are emotionally taxing for the victim. They may be able to sue the at-fault party for pain and suffering, which could get them more compensation.
Bottom Line
A traumatic brain injury can change someone's life in a few moments. It's always recommended for victims to start working on their personal injury lawsuit as soon as possible, as this will maximize their chances of earning more money. Schuerger Shunnarah Trial Attorneys can also share information about an average settlement for broken knee cap injury Ohio.
The Schuerger Shunnarah Trial Attorneys are experienced in the field. It's not fair for a car accident victim to lead with financial stress on top of the physical and emotional toll they already have. By leaving the case in these lawyers' hands, victims can rest assured they're getting premium-quality representation.