Average Settlement Amount for Traumatic Brain Injury in Oklahoma

Ylla Gosney, Attorneys at Law support victims of traumatic brain injuries (TBI) in Oklahoma. Traumatic brain injuries or head injuries often have tragic consequences, leaving victims with pain, medical bills, and the inability to spend meaningful time with their families. While a settlement is intended to help you recover those losses, the amount of compensation you can receive will be dependent on several factors discussed in this article.

For more information, contact us today for a free consultation.

Determining Settlement Value for a Traumatic Brain Injury in Oklahoma

The aftermath of a traumatic brain injury (TBI) doesn’t just end after an accident. Victims of TBIs tend to accumulate enormous medical bills and are likely to require long-term care. As a result, a traumatic brain injury case often settles amongst the highest figures among all personal injury claims, ranging anywhere from $100,000 to millions of dollars. But with that said, it is difficult to provide an average settlement amount for brain injury cases. However, these key factors can give you a general idea of what your injury is worth:

  • Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.

  • Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.

  • Legal representation:the expertise and negotiation skills of a Personal Injury Attorney will impact the outcome of your case.

  • Contributory negligence:Oklahoma is a modified comparative negligence state, meaning if you (the plaintiff) are found less than 50% at fault for your injury, then you can receive compensation for your damages.

  • Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.

  • Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.

  • Medical history of the victim:  the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.

  • Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.

  • The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.

Calculating Pain and Suffering for a Traumatic Brain Injury Settlement in Oklahoma

Pain and suffering in a traumatic brain injury settlement is considered a non-economic damage. This means there is no specific dollar amount assigned to it because it is not a tangible thing such as physical therapy, surgery, or medication. Physical items such as these have fixed costs and are considered economic damages.

For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Evidence to prove pain and suffering includes:

  • Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
  • Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
  • Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
  • Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.

How a Lawyer Can Maximize Your Settlement

It is a proven fact that motorcycle accident victims were much more likely to receive a fair payout than those who dealt directly with the insurance company without representation. Also, victims with representation have been found to receive twice as much in compensation as those who proceeded unrepresented, even after attorney’s fees. Legal representation offers several advantages, such as:

  • Identification of All Liable Parties: motorcycle accidents can involve multiple parties. An accident attorney will investigate all responsible parties and file a personal injury lawsuit against them, maximizing your chance at full, financial recovery.
  • Management of your claim with the insurance companies: insurance companies can and will attempt to get motorcycle accident victims to agree to a “lowball” settlement, or get you to admit fault. Having your attorney file a lawsuit against the insurance company will let them know you’re aware of your rights and are prepared to exercise them to achieve fair compensation.
  • Adherence to Proper Legal Procedures: An experienced motorcycle accident attorney understands the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them.
  • Preparation for Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
  • Allow you to focus on Recovery: Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case. Not only will this give you a better chance at maximizing your compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.

Traumatic Brain Injury FAQs

Q: What is a 40% TBI Rating?

A: Every TBI receives a percentage ranking. A TBI ranking reveals the impact a TBI will have on an injured victim’s life. A 40% ranking means your TBI will have an effect on your daily life and hinder your work performance, along with your social life.

 

Q: What causes a TBI?

A: TBIs can result from any sort of sudden and aggressive trauma to the brain. Typical causes include car accidents, explosions, sports injuries, or combat injuries.

 

Q: Do I have to be “knocked out” to have a TBI?

A: No, people can have a negative change in brain function without being “knocked out.”

 

Q: Who is affected by TBI?

A: According to the Brain Trauma Foundation, the most affected individuals of TBIs are the youth and elderly people who experience serious falls. 28% of all TBIs result from falls.

Contact a Traumatic Brain Injury Lawyer in Oklahoma

If you’ve suffered a traumatic brain injury, you’re going to need skilled legal support to get the compensation necessary to overcome the difficult physical and emotional struggles ahead. At Ylla Gosney, we have years of experience in reaching successful settlements for our clients and we can do the same for you. Contact us today for a free consultation and see what legal options are available.