There is no single dollar amount for a brain injury claim, as the compensation is uniquely tailored to the specific details of your injury and how it has impacted your life. The final settlement or verdict depends on numerous factors, including the severity of the injury, the total medical costs, and the long-term effects on your ability to work and enjoy life.
If you or a loved one experienced a brain injury after an accident, pursuing a brain injury claim can provide the resources and peace of mind you need during this difficult time.
Key Takeaways about Compensation in a Brain Injury Claim
- Brain injury compensation is calculated based on the individual circumstances of the case; there is no average amount.
- Compensation is typically divided into two categories: economic damages for measurable financial losses and non-economic damages for intangible suffering.
- The severity of the traumatic brain injury (TBI) is a primary factor in determining the value of a claim.
- Missouri’s comparative fault laws can affect the final compensation amount if the injured person is found to be partially at fault.
- Thorough documentation of medical treatment, lost income, and the injury’s daily impact is essential for building a strong case.
- The at-fault party’s insurance policy limits can also play a significant role in the total recovery available.
Brain Injury Compensation in Southeast Missouri
After suffering a TBI in a serious accident in the SEMO region, whether a car wreck on I-55 near Cape Girardeau or a slip and fall in a Poplar Bluff store, you may be eligible to seek compensation for your losses through a traumatic brain injury claim.
In the legal world, compensation is referred to as “damages.” The goal of seeking damages is to “make the person whole” again from a financial standpoint—to restore you, as much as money can, to the position you were in before the injury occurred. These damages are generally broken down into two main types: economic and non-economic.
Calculating Economic Damages: The Tangible Costs of a Brain Injury
Economic damages are the most straightforward part of a personal injury claim because they represent the direct, out-of-pocket financial losses you have suffered. These are the costs that come with a receipt or a bill. A dedicated legal team works to identify and calculate every single expense related to your injury, both now and in the future.
- Medical Expenses: This is often the largest component. It includes everything from the initial ambulance ride and emergency room care at a local hospital like Saint Francis Medical Center to surgeries, hospital stays, doctor’s appointments, prescription medications, and diagnostic imaging like MRIs and CT scans.
- Future Medical Needs: A severe brain injury often requires lifelong care. This category projects the costs of future treatments, such as ongoing physical or occupational therapy, in-home nursing care, future surgeries, and specialized medical equipment.
- Lost Wages: If you missed work while recovering, you can seek compensation for the income you lost. This is calculated using your pay stubs and employment records.
- Loss of Earning Capacity: This is one of the most critical elements. If the brain injury prevents you from returning to your previous job or from working at all, you can be compensated for the income you would have earned over the course of your lifetime. This often requires testimony from vocational and economic professionals.
- Rehabilitation and Therapy: Brain injuries frequently require extensive rehabilitation. This includes costs for physical therapists, occupational therapists who help with daily living skills, speech-language pathologists, and cognitive therapists who help with memory and thinking.
These calculable costs form the foundation of your compensation claim, providing a clear picture of the immense financial burden a brain injury can cause.
Valuing Non-Economic Damages: The Intangible Impact on Your Life
While economic damages cover the bills, non-economic damages acknowledge the profound, personal ways a brain injury changes your life. These losses don’t have a price tag, but their impact is just as real, if not more so. A traumatic brain injury can alter your personality, strain your relationships, and take away the simple joys you once cherished, like fishing at Wappapello Lake or enjoying a walk through the Cape LaCroix Trail.
Putting a dollar value on this type of suffering is challenging but essential for true justice. These damages recognize the human cost of the injury.
- Pain and Suffering: This compensates for the physical pain, discomfort, and general suffering you have endured and will continue to endure because of the injury. This includes chronic headaches, dizziness, and other physical symptoms common with TBIs.
- Emotional Distress and Mental Anguish: A brain injury can lead to significant psychological challenges, including anxiety, depression, frustration, personality changes, and post-traumatic stress disorder (PTSD). This part of the claim acknowledges that mental and emotional recovery is just as important as physical recovery.
- Loss of Enjoyment of Life: This refers to the loss of your ability to participate in and enjoy hobbies, activities, and life experiences that brought you happiness before the accident.
- Loss of Consortium: This is a claim that can sometimes be brought by a spouse. It addresses the negative impact the injury has had on the marital relationship, including the loss of companionship, affection, and intimacy.
Calculating these damages requires a deep understanding of your personal story—who you were before the accident and how your life has been fundamentally changed since.
What Factors Influence Your Brain Injury Settlement Amount?
Every brain injury case is unique, and so is the compensation. Two people in similar accidents could receive vastly different settlements based on a number of key factors. An experienced SEMO car accident lawyer or personal injury attorney will meticulously analyze these elements to build a case that reflects the true value of your claim.
- The Severity of the Brain Injury: This is the most significant factor. A mild TBI (concussion) with a full recovery in a few months will result in a lower compensation amount than a severe TBI that causes permanent cognitive impairment, motor function loss, or the need for 24/7 care. The long-term prognosis from medical professionals is critical here.
- The Impact on Your Daily Life and Ability to Work: The extent to which the injury affects your day-to-day existence heavily influences the value. Can you still care for yourself? Can you drive? Can you return to your job at a local business in Sikeston or Scott City? A person who is left unable to work or requires constant assistance will have a much higher claim value.
- The Strength of Evidence and Proof of Fault: To receive compensation, you must prove that another party’s negligence (carelessness) caused your injury. Strong evidence, such as police reports, witness statements, accident reconstruction analysis, and clear medical records linking the injury to the event, is vital.
- Missouri’s Comparative Fault Rule: Missouri follows a “pure comparative fault” system. This means that your total compensation can be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident, your final award will be reduced by 10%.
- The At-Fault Party’s Insurance Policy Limits: In many cases, the amount of compensation available is limited by the at-fault person’s or company’s insurance policy. While it’s sometimes possible to pursue assets beyond insurance, the policy limits are often the practical ceiling for recovery.
Understanding these variables is crucial, as each one plays an important role in the negotiations with insurance companies and, if necessary, the presentation of your case in court.
The Critical Role of Documentation in a TBI Case
When dealing with an injury as complex as a TBI, a popular saying holds true: “If it isn’t written down, it didn’t happen.” Meticulous documentation is the backbone of a successful brain injury claim. Insurance adjusters will scrutinize every detail, and a lack of records can seriously weaken your case. From the moment you are home and able to do so, keeping organized records is one of the most helpful things you can do.
- Complete Medical Records: Keep a file of every medical-related document. This includes bills, treatment plans, prescriptions, and notes from every doctor, therapist, and specialist you see. Be sure to follow all medical advice and attend all appointments, as this shows you are serious about your recovery.
- A Daily Journal: This can be a powerful piece of evidence. Each day, write down your pain levels, symptoms (headaches, dizziness, memory problems), emotional state, and any challenges you face with daily tasks. This personal account can vividly illustrate your non-economic damages.
- Proof of Lost Income: Keep all pay stubs from before the accident and any communication from your employer regarding your time off work. If you are self-employed, gather tax returns, invoices, and other business records to demonstrate your lost income.
- Photos and Videos: If possible, having photos of the accident scene and your visible injuries can be very helpful. Videos that show your physical limitations or struggles with cognitive tasks after the injury can also provide compelling proof of your condition.
This collection of evidence provides the concrete proof needed to justify the compensation you are seeking and counters attempts by insurance companies to downplay the severity of your injury.
Will My Brain Injury Case Go to Trial?
Many people worry about the prospect of a long, drawn-out court battle. The reality is that the vast majority of personal injury cases, including those for brain injuries, are resolved through a settlement before ever reaching a trial. A settlement is a formal agreement where the at-fault party’s insurance company agrees to pay an agreed-upon amount in exchange for you dropping the lawsuit.
However, the ability and readiness to take a case to trial is what often drives a fair settlement offer. Insurance companies are businesses, and their initial offers are frequently far below what a case is actually worth. They are testing to see if you will accept a quick, low payout.
- Negotiation is Key: The process typically involves your legal team presenting a “demand package” to the insurer, which outlines the facts of the case, details your injuries and damages, and demands a specific amount of compensation. This is followed by a period of negotiation.
- Trial as a Last Resort: If the insurance company refuses to offer a fair settlement that fully covers your damages, filing a lawsuit and proceeding toward trial may be the only way to hold them accountable.
- Preparation Strengthens Your Position: A legal team that thoroughly prepares every case as if it will go to trial is in a much stronger negotiating position. When an insurer knows your attorneys are ready and willing to fight in court, they are more likely to make a serious and fair settlement offer.
The goal is always to achieve the best possible outcome for you, whether that is through a skillfully negotiated settlement or a verdict from a judge or jury.
Brain Injury Compensation FAQs
Here are answers to some common questions we hear from families across Southeast Missouri who are navigating the aftermath of a traumatic brain injury.
What is the average settlement for a mild TBI?
There is no “average” settlement amount because even a mild TBI, or concussion, affects each person differently. The compensation will depend on factors like the cost of your medical evaluation, the amount of time you missed from work, the severity and duration of your symptoms (such as post-concussion syndrome), and the impact it had on your daily life.
How long do I have to file a brain injury claim in Missouri?
In Missouri, the statute of limitations for most personal injury cases is five years from the date of the injury. It is critical to act well before this deadline, as gathering evidence and building a strong case takes time. If you miss the deadline, you will likely lose your right to seek compensation forever.
Can I still get compensation if my brain injury symptoms were delayed?
Yes. It is very common for the symptoms of a brain injury, especially a milder one, to not appear for hours or even days after an accident. This is why it is essential to seek a medical evaluation immediately after any incident involving a blow to the head, even if you feel fine. Documenting when your symptoms began and consistently reporting them to your doctor will be crucial for connecting them to the accident.
What if the person who caused my injury doesn’t have enough insurance?
This is an unfortunate but common situation. If the at-fault party’s insurance policy is not enough to cover your damages, you may be able to turn to your own auto insurance policy for Underinsured Motorist (UIM) coverage. UIM coverage is designed specifically for this scenario, and it is an important protection to have.
A SEMO Personal Injury Attorney Can Help
Brain Injury Attorney, Phillip J. Barkett
Dealing with a brain injury is an immense challenge for any family. While you focus on healing, the legal and financial burdens can feel insurmountable. The compassionate legal team at Cook, Barkett, Ponder & Wolz is here to stand by your side, fighting for the justice and compensation you deserve.
With over 100 years of combined experience, we have seen firsthand the devastating impact these injuries have on the lives of people in our communities. We are dedicated to holding negligent parties accountable and helping our clients rebuild their lives. We begin every relationship with a free, no-obligation case evaluation to listen to your story and explain your options. You won’t pay any fees unless we win your case—that is our promise to you.
If you or a loved one has suffered a brain injury in Southeast Missouri, contact us today. Let us lift the legal burden so you can focus on what matters most: your recovery. Contact us today at (573) 335-6651 or through our online form for a free case consultation.