What is the Average Settlement for a Traumatic Brain Injury?

The average settlement for a traumatic brain injury (TBI) is $1,561,066, and the median settlement amount is $350,000, which better represents the typical payout. Factors that influence the settlement amount of a traumatic brain injury case include severity of injuries, total medical expenses, and pain and suffering. This data is based on 165 traumatic brain injury (TBI) cases recorded by Thomson Reuters between 2019 and 2024.

Table of Contents

• Settlement Examples
• Settlement Factors
• Legal Help
• FAQs

Settlement data is as follows:

• Median settlement amount = $350,000: The median more accurately reflects the typical payout for a traumatic brain injury because the calculation is less subject to being skewed by extremely high or low settlement amounts.
• Average settlement amount = $1,561,066: The average settlement amount is the sum of all settlements divided by the number of settlements. It provides a single figure that summarizes the overall level of compensation awarded in auto accident cases within the study.
• Highest settlement amount = $18,000,000: A individual was riding a bicycle in traffic when struck near an intersection by a motor vehicle driven by a delivery driver, an employee of a restaurant and/or a provider of administrative services. The individual suffered a traumatic brain injury and quadriparesis, resulting in total dependence on others for all activities of daily living. The individual contended the defendants were negligent. The defendants argued that the individual was contributorily negligence due to being under the influence of drugs, riding on a high-speed roadway without activated lights or reflectors, wearing dark clothing, not wearing a bicycle helmet, and not paying attention to traffic conditions.
• Lowest settlement amount = $25,000: A minor suffered a traumatic brain injury as a result of a pedestrian accident that also included skull fractures, a pulmonary contusion, fluid in the lungs, facial and shoulder lacerations, and ligamentous injuries to the cervical spine when struck by a vehicle while pushing a bicycle in an intersection. The minor, represented by a parent, contended that the driver of the vehicle acted negligently, leading to the injuries.

Note: Like all average settlement data, this should not be interpreted as a guaranteed settlement amount for a traumatic brain injury case. Each case is unique, and there are many factors that impact settlement value. Settlement data and examples are intended for informational use.

One of the largest factors that influence the settlement amount of a traumatic brain injury case is the severity of injury. Often, traumatic brain injuries are described as mild, moderate, and severe.

Severity	Symptoms	Diagnosis	Recovery
Mild TBI (mTBI)	Brief loss of consciousness (if any, typically < 30 minutes), confusion, disorientation, headaches, dizziness, blurred vision, fatigue, memory or concentration problems	Glasgow Coma Scale (GCS) score of 13-15, normal brain imaging	Symptoms usually resolve within weeks to months, some may experience post-concussion syndrome
Moderate TBI	Loss of consciousness lasting 30 minutes to 24 hours, confusion lasting days to weeks, physical, cognitive, and behavioral impairments	GCS score of 9-12, abnormal brain imaging may show bruising, bleeding, or swelling	Rehabilitation often required, potential for significant but partial recovery, long-term or permanent impairments possible
Severe TBI	Prolonged unconsciousness (lasting > 24 hours), significant cognitive, physical, and/or behavioral impairments, long-term or permanent disability	GCS score of 3-8, brain imaging often reveals severe damage	Intensive rehabilitation and long-term care required, prognosis varies: partial recovery to profound disabilities or persistent vegetative state

Traumatic Brain Injury (TBI) Settlement Examples

TBI settlement examples under $100K

• $35K settlement: A minor suffered a traumatic brain injury and lacerations to the forehead and scalp when the vehicle he was a passenger in collided with another vehicle attempting a left turn. The minor’s mother claimed that the defendant’s negligence caused the injuries. The parties negotiated a settlement.
• $75K settlement: A minor suffered a traumatic brain injury with loss of consciousness, tendon injuries, a tear in the right hip, fluid along the left hip tendon, and bruising with numbness and tingling in the left hip after a head-on collision. The accident occurred when a second driver attempted to pass a police vehicle by crossing the double yellow line, striking the minor’s vehicle.
• $95K settlement: A minor reported being struck by a vehicle while riding a bicycle near an intersection. The vehicle was operated by one defendant and owned by another. The minor suffered a mild traumatic brain injury, concussion, frontal lobe dysfunction, and insomnia.

TBI settlement examples between $100K and $500K

• $125K settlement: A minor reportedly sustained a traumatic brain injury resulting in permanent impairment when, as a passenger in a golf cart, and fell out and sustained permanent damage. The golf cart was operated by another minor and owned by two adults. The injured minor, through legal representation, filed a claim against the defendants for negligence and attractive nuisance. It was contended that the adult defendants were negligent in entrusting the golf cart to the minor, who was known to be an unlicensed driver. It was also argued that the minor driver failed to keep a proper lookout, take evasive action, or apply the brakes to avoid the accident and operated the cart at an unreasonable speed.
• $165K settlement: A minor was reportedly a passenger in a vehicle that failed to stop at a stop sign and entered an intersection, where it was struck broadside by another vehicle. The minor suffered a traumatic brain injury and fractures to the right femoral shaft and neck. The minor asserted that the defendants were negligent. The settlement proceeds included payments from both drivers involved in the accident.
• $200K settlement: A minor reportedly was struck while riding a bicycle by a vehicle. The minor suffered a traumatic brain injury with multiple skull and facial fractures, including fractures to the cranial vault, right orbit, and left frontal sinus, along with a post-traumatic intracranial hemorrhage requiring medical intervention. Additionally, the minor sustained lacerations and abrasions on the face, upper extremities, and lower extremities, as well as damage to teeth.
• $250K settlement: A minor claimed to have suffered a traumatic brain injury with loss of consciousness, fractures to the temporal region, mandible, left femur, and right distal radius requiring surgery when he was a passenger in a vehicle struck by another vehicle. The minor contended the defendant was responsible for the damages. The defendant denied liability. The parties agreed to a structured settlement, and the minor also settled with a nonparty insurer.
• $400K settlement: An individual reportedly sustained multiple severe injuries, including a traumatic brain injury, loss of consciousness, head injury, rib fractures, ear injury, facial fractures, clavicle fracture, spine injury, bilateral pneumothoraces, pulmonary contusions, bifrontal hemorrhagic contusions, intraventricular hemorrhage, subdural hemorrhage, and required multiple surgeries, including two craniotomies, following a collision while riding a bicycle. The accident occurred at an intersection undergoing road construction, where the individual collided with a vehicle. The injured individual and their spouse filed a lawsuit on behalf of their minor children against the vehicle driver and two companies involved in the road construction project. The plaintiffs alleged that the driver failed to yield, maintain a proper lookout, and control the vehicle, while the construction companies negligently designed the intersection area, obstructing the driver’s view.

TBI settlement examples between $500K and $1M

• $503K settlement: An individual operating a company vehicle while performing work duties was involved in a head-on collision caused by another driver failing to maintain their lane. The individual sustained multiple injuries, including the amputation of the left upper extremity below the elbow, a right leg fracture, a traumatic brain injury, facial fractures, deep lacerations on the left leg, spine injuries, and neck pain. The individual claimed to have suffered a permanent disability as a result of the accident.
• $730K settlement: An individual was operating a vehicle with a passenger on a highway near a junction in Oregon. As they slowed to navigate a curve, another vehicle crossed the center line, resulting in a high-speed sideswipe collision. The oncoming driver attempted to swerve back into their lane, while the individual took evasive action by moving left to avoid a head-on collision. Despite these efforts, the other vehicle’s front right passenger side sideswiped the right front of their vehicle. The other driver was cited for the accident. Damages awarded for lost wages and medical bills totaled nearly $200K.
• $925K settlement: An individual reportedly suffered a traumatic brain injury, resulting in impaired memory, reasoning, and language skills, multiple subdural hematomas, subarachnoid hemorrhage, multiple skull fractures, an orbit fracture, loss of sense of smell, significant hearing loss in one ear, positional vertigo, and cerebrospinal fluid leak after slipping and falling on black ice in the driveway of a car dealership where the individual was having a car serviced. The back driveway had not been sanded or salted prior to the accident. The parties negotiated a settlement before the case filing.

TBI settlement examples over $1M

• $1.05M settlement: An individual riding a bicycle was struck by a vehicle that failed to yield the right-of-way. The individual suffered a traumatic brain injury with neurocognitive disorder, subdural hematoma, post-concussive syndrome, trochlear nerve palsy, rib fractures, pneumothorax, facial lacerations, lacerations to both hands, a right thumb fracture, spine injury, and neurogenic bowel with fecal incontinence. The injuries resulted in chronic pain and fatigue. Although surgery was not required, the individual was rated with multiple impairments, including a 3% whole person impairment for the spine injury, 10% whole person impairment for the lumbar spine injury, 10% right digit impairment for the thumb injury, and 6% whole person impairment due to the neurogenic bowel. These injuries significantly affected the individual’s earning capacity. Damages awarded for medical expenses and lost wages totaled nearly $250K.
• $2M settlement: An individual sustained a severe traumatic brain injury when an improperly secured kitchen cabinet fell from the wall and struck the individual on the head in an apartment. The kitchen cabinets were not properly fastened to the wood studs in the wall, with the cabinet that struck the individual having only three incorrect screws instead of the required nine. The plaintiffs alleged that the defendants were negligent in failing to inspect, maintain, and repair the cabinets, despite being notified of the problems when the plaintiffs moved into the apartment.
• $5M settlement: A wrongful death settlement followed the death of an individual while under the care of a health system, a surgeon, and infectious disease specialists. The individual’s estate claimed that the death was due to surgical complications from a past lumbar surgery. After the surgery, the individual endured several invasive procedures over two years to correct a central spinal cord leak, meningitis, and ventriculitis, but developed a traumatic brain injury, sepsis, bowel and bladder incontinence, and skin ulcers. Despite fluctuating levels of responsiveness, the individual succumbed to the injuries in 2016. The plaintiff alleged that the defendants failed to properly evaluate and treat the patient, negligently discharged him after the initial surgery with signs of infection, failed to diagnose and treat the cerebral spinal fluid leak, did not conduct proper diagnostic tests, and did not prescribe proper medications. The hospital was argued to be vicariously liable for the actions of its doctors and staff. The defendants denied liability, claiming the individual received the proper standard of care. The parties reached a settlement totaling $5 million in damages, with the wrongful death and survival apportionment set at 60% and 40%, respectively. The individual was survived by a spouse and two adult children.

Case Factors That Affect Traumatic Brain Injury Settlement Amounts

The settlement amount for an individual who has suffered a traumatic brain injury can be influenced by many factors, each with various impacts on the final settlement amount:

Severity of Injuries: The extent of damage to the brain plays a crucial role in determining the settlement value for a traumatic brain injury (TBI). Severe injuries often lead to prolonged recovery times and significant, sometimes permanent, impacts on the victim’s life. This includes cognitive impairments, physical disabilities, and changes in personality, all of which can increase the settlement amount. The more severe the injury, the more compensation is typically required to cover the long-term consequences and care.

Medical Expenses: Medical costs are a major factor in TBI settlements. This includes immediate expenses such as emergency treatment, hospitalization, and initial medical care, as well as ongoing treatment costs like rehabilitation, physical therapy, and medications. Future medical needs, including potential surgeries or specialized care, are also considered. The total medical expenses can be substantial, significantly impacting the overall settlement value to ensure the victim receives necessary care.

Lost Wages: The inability to work due to a TBI can lead to substantial financial losses. This factor includes current lost wages for the period the victim is unable to work during recovery and the potential loss of future earning capacity if the victim cannot return to their previous occupation or work at all. The impact on future income is often a significant component of the settlement, reflecting the economic losses suffered by the victim due to their reduced ability to earn a living.

Pain and Suffering: Non-economic damages, such as emotional distress, play an important role in TBI settlements. This includes the psychological impact of the injury, such as depression, anxiety, or other mental health issues that arise as a result of the trauma. Loss of consortium, which refers to the impact on the victim’s relationships with family members, is also considered. These non-economic factors are often harder to quantify but are essential in ensuring comprehensive compensation.

Property Damage: In cases where the traumatic brain injury occurred as a result of an accident involving property, such as a vehicle collision, property damage is also a significant factor. The cost to repair or replace damaged property, such as vehicles, can be included in the settlement. This ensures that the victim is compensated not only for personal injuries but also for financial losses related to the destruction or damage of their property. Comprehensive settlements will consider both medical and property-related expenses to provide full compensation to the victim.

Liability: The extent to which the defendant is found liable can heavily influence the settlement amount. Clear evidence of the defendant’s fault or negligence can lead to higher settlements. Conversely, if the victim is found to be partially at fault, the settlement might be reduced accordingly. Establishing liability is crucial in determining the fair compensation amount in TBI cases.

Documentation & Evidence: Detailed and thorough documentation is essential in substantiating TBI claims. This includes comprehensive medical records that outline the extent of the injury and necessary treatments, as well as expert testimony from medical professionals, economists, and vocational rehabilitation specialists. Strong, well-documented evidence can substantiate claims and support higher settlements by clearly demonstrating the impact of the injury.

Insurance Coverage The limits of the defendant’s insurance policy can cap the maximum settlement amount. Additionally, the availability of the victim’s insurance, such as underinsured or uninsured motorist coverage, can also affect the total compensation. The interplay between different insurance policies and their limits is a critical factor in determining the final settlement amount.

Settlement VS Trial: The decision to settle a case out of court or take it to trial can influence the settlement value. The likelihood of success at trial and the potential for a higher award can drive settlement negotiations. However, the costs and time associated with a trial can also be a deterrent. Weighing the potential benefits and drawbacks of a trial versus a settlement is a strategic consideration that can affect the final settlement amount.

Other Legal Factors: The jurisdiction where the case is filed plays a role in the settlement value, as local laws and precedents can influence outcomes. Additionally, the quality of legal representation can significantly impact the settlement. Experienced attorneys who specialize in TBI cases are often able to negotiate higher settlements by effectively presenting evidence and advocating for the victim’s needs.

Combining all factors, a hypothetical settlement calculation might look like this:

• Severity of Injury: $2,500,000
• Medical Expenses: $450,000
• Loss of Income: $1,650,000
• Degree of Liability: $500,000
• Legal Factors: $300,000
• Insurance Coverage: $1,500,000
• Non-Economic Damages: $500,000
• Documentation and Evidence: $200,000
• Property Damage: $30,000
• Total Settlement: $7,630,000

It’s important to note that these are just hypothetical examples and calculations, and the value of traumatic brain injury settlement can vary based on many variables that are unique to your case. Consulting a personal injury attorney can help provide you with a better estimate for how much your case may be worth.

Get Help With Your Traumatic Brain Injury Claim From A Personal Injury Attorney

Each personal injury case is unique, and settlement amounts for individuals who have suffered a traumatic brain injury (TBI) will vary based on many factors. Consulting with an experienced personal injury lawyer can help ensure that you receive a fair settlement.

Getting started with your injury claim is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including those who have suffered a traumatic brain injury as a result of an accident.

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.

Frequently Asked Questions (FAQs)

How long do I have to file a traumatic brain injury claim?

The time limit to file a traumatic brain injury (TBI) claim varies by state, typically ranging from one to six years. The statute of limitations for personal injury claims can sometimes be extended based on the discovery rule or if the injured party is a minor. It’s important to consult with a legal professional to determine the specific deadline applicable to your case.

How are traumatic brain injury settlements calculated?

Traumatic brain injury settlements are calculated based on factors such as the severity of the injury, medical expenses, lost wages, pain and suffering, and long-term care needs. The calculation also considers the impact on the individual’s quality of life and any future financial losses. Each case is unique, and settlement amounts can vary widely. Use our personal injury settlement calculator to estimate that potential value of your claim.

How long will my traumatic brain injury case take?

The duration of a traumatic brain injury case can vary widely, typically taking several months to a few years to resolve. Factors influencing the timeline of a personal injury case include the complexity of the case, the severity of the injury, the legal process, and whether the case is settled out of court