Suffering from Traumatic brain injury (TBI) is one of the most painful and tragic events for anyone. It comes with a pile of medical expenses and other life-long consequences.
So what if you encountered an accident that caused you traumatic brain injury? Can you sue the person who caused the accident? Or even what is the average settlement for traumatic brain injury?
Let’s find all the answers below.
What is a Traumatic Brain Injury?
Traumatic brain injury (TBI) is a severe brain injury due to a sudden hard strike, blow or trauma on the head. This, in turn, hampers the brain’s normal functionalities by causing some serious damage to the crucial parts.
The symptoms of this brain injury can range from mild to severe. A person with a moderate traumatic brain injury experiences a few seconds to several minutes or hours of unconsciousness.
While for a serious traumatic brain injury, a person can experience little to heavy bleeding, tissue damage, bruises, and other physical brain-related wounds. This eventually leads to either long-term medical issues or, in the worst-case scenario, may result in a tragic and wrongful death.
What are the Types of Traumatic Brain Injury?
All TBIs can be classified into two types, as given below:
Closed brain injury
A closed brain injury is an injury with no sign of any fraction or penetration to the skull area. They mostly happen when there is a sudden and strong attack on the brain’s movement that it cannot handle.
It may result in several bruises or happen to the blood vessels and tissues. Sport falls, and vehicle crashes are common examples of closed brain injury.
Penetrating brain injury
Also known as open brain injury. This penetrating brain injury is a wound that occurs when the brain trauma is coupled with a crack in the skull area. Bullet piercing through the skull portion is an example of penetrating brain injury.
What are the Causes of Traumatic Brain Injury?
Anything can be the reason for traumatic brain injury. For instance, car accidents on the road, slip and fall accidents, fallen objects from construction sites, etc.
Below is a list of some of the common causes of traumatic brain injury:
- Automobile collisions
- Motorbike crashes
- Slip and fall
- Bicycle accidents
- Sports-related incidents
- ATV collisions
- And lots more
What are the Symptoms of Traumatic Brain Injury?
This brain injury can show up several symptoms, depending on the accident’s severity and the degree of the injury. Some people can show signs right after the accident, while others may show mild or no symptoms. They can show signs after several days or weeks, taking a drastic turn.
Here is a list of the most common TBI symptoms that victims tend to face and show after an accident:
- Severe headache
- Always remains confused, even in a simple decision
- Trouble in coordination
- Sensitivity to sound and light
- Memory loss
- Rapid mood swings
- Finding it hard to pay focus on anything
- Fatigue—even the easiest chores tend to make one exhausted
- Seizures attacks
- And many more
If any of the symptoms mentioned above appear, consult a doctor as quickly as possible.
What is the Average Settlement for Traumatic Brain Injury in Canada?
All kinds of traumatic brain injuries fall under the personal injury law. Therefore, any person who receives this injury, especially due to another person’s negligence, is entitled to financial compensation by law.
For serious situations, the compensation will certainly get higher. Similarly, for minor wounds, the settlement will be less and minimal.
The average settlement for traumatic brain injury (TBI) in Canada ranges from $5,000 to $10,000. However, one crucial point to note down as every case is different, so depending on the incident, the settlement amount can range from a few hundred thousand to over a million dollars.
For instance, a person with moderate health conditions can get up to as high as $200,000. In contrast, an individual with severe physical impairments requiring lifetime care and treatment can get compensation ranging from $500,000 or higher. Similarly, for little and milder wounds, the amount can get reduced to as less as $1,000.
Simply put, the settlement has no exact estimation. Rather it depends on the incident and degree of injury level.
This compensation includes both financial and non-financial damages. However, if anything gets added up, punitive damages might also be given to the victim, depending on the situation. Such as the faulty party is showing signs of misbehaviour in their actions.
So, what is covered by these financial and non-financial damages?
Let’s find out:
These damages include the following:
- Healthcare expenses
- Property damages, such as vehicle replacement or repair charges, etc.
- Rehabilitation expenditures
- The cost of any medical or assistive devices needed as per the treatment requirement
- Future medical expenses
- Loss of present and future incomes
- Physical wounds
It is crucial to keep all the bills, receipts, and other documents in financial damages properly. As a result, it will become easier to calculate, and you can show them as part of your evidence while claiming compensation.
Non-financial damages are always challenging to calculate as they have no monetary value. Hence, as the name suggests, a normal person can’t come up with the exact amount, ultimately needing an expert lawyer to do the rough math.
Below is a list of some of the common non-financial damages:
- Emotional distress
- Reduced consortium
- Loss of collective support
- Lack of any sensation or life enjoyment
- Wrongful death
These are the names of some of the common financial and non-financial damages.
What Factors Determine the Compensation for a Traumatic Brain Injury?
There are some common determining factors to determine the compensation for traumatic brain injury. Some of them are discussed below:
If the entire accident happened due to the negligence of the other party where the victim sustained a severe brain injury, the compensation amount would get higher.
In such cases, the other party may not offer reasonable compensation. Hence, Canada has developed comparative and contributory negligence laws to solve this kind of problem.
For comparative negligence, the courts evaluate the victim’s and the accused’s faults and then grant compensation, respectively.
On the other hand, for contributory negligence law, the victim will not receive any compensation even if they are found guilty by just 1%.
If multiple parties are involved in the crash, it will be complex in terms of a single party. From several insurance companies getting involved to tons of different opinions, all these things in combination may drastically impact the settlement amount.
The Victims’ Identity
The victim’s identity plays a big role in determining the compensation, such as the victim’s age, workplace location, gender, medical history, etc.
Location of the Trial
This may not seem a major factor, but the compensation amount plays a big role in the settlement. For example, the compensations are lower in urban areas compared to rural areas. Therefore, lawyers always keep this in mind whenever any case reaches the court.
Any Egregious Conduct by the Defendant
Did the fault show any sign of misbehaviour, and you (the victim) didn’t receive any punitive damages? In this case, you and your lawyer can use this key point as a strong weapon while negotiating with their insurance company.
What Kind of Evidence is Needed in a Traumatic Brain Injury Case?
Strong proof always gives you an upper edge in any case, regardless of the kind of incident that caused your TBI.
Some of the evidence that can help you in making your case stronger consists of the following things:
- Police reports
- Medical reports
- Diagnosis of the brain damage or TBI, conducted by a medical specialist
- Usage of an MRI or CT scanner to inspect the injury
- Any neurophysiologists evaluation report
- Any signs of possible medical treatment in the long run
Hopefully, you have no more queries regarding the average settlement for traumatic brain injury in Canada.
Brain injuries are always bad, especially when they happen after an accident. Instead, they should appeal for compensation as soon as possible.
Dealing with cases and insurance companies may seem like a lot of hassles. That’s why the best call is to hire an experienced injury lawyer. From paperwork to negotiating with the insurance company—they can work as a saviour, taking the burden from your should right from the beginning.
What is the Average Payout for a Head Injury?
It is hard to estimate the exact amount for the average payment for a head injury. This directly depends on how much you have injured and the place you live. However, if you reside in Canada, the average payout for a head injury will range between $5000 to $10,000.
How Much Is My Brain Injury Claim Worth?
The compensation for a brain injury is calculated considering numerous factors, with severe wounds leading to a higher settlement amount and vice-versa. However, the average settlement for traumatic brain injury in Canada ranges from $5,000 to $10,000 or above, based on the accident’s seriousness.
How Long Does it Take to Settle a Brain Injury Case?
There is no precise time on how much time it can take to settle a case. But, as a general estimation, it can take around 2 years or more, depending on the case’s complexity. An experienced lawyer can come quite in handy, making the process faster.