What is a Concussion Worth in a Lawsuit?
Whether a concussion was your only injury or part of a slew of traumatic injuries sustained in an accident, you may be wondering, “What is a concussion worth in a lawsuit in California?” Every concussion case is unique, so contacting an experienced Los Angeles traumatic brain injury lawyer at Ellis Injury Law is the best way to get an estimate. We never charge for these calls and there is no obligation to seek legal representation thereafter. However, if you do choose to work with an accident lawyer, there are no upfront expenses and you only pay a legal fee if a recovery is made on your behalf. We value your concerns and will get back to you without delay. In the meantime, we can discuss a few points relevant to concussion settlements and jury awards that you may find helpful.
General factors affecting concussion claims
There are a number of factors that will influence how much a concussion claim is worth:
- Severity – A mild concussion involves no loss of consciousness with symptoms lasting up to 15 minutes. Sufferers may have a headache, brain fog, nausea, dizziness, and memory loss, but can return to regular activities within a few days with a good prognosis. A grade 2 moderate concussion involves no loss of consciousness but has symptoms that persist longer than 15 minutes. A person may experience ringing in the ears and irritability, which is best treated with a few days of rest. These cases are valued lower than moderate or severe concussions, which could result in lasting damage. A severe concussion involves loss of consciousness for more than five minutes. Symptoms may include vomiting, vision disturbances, speech difficulty, and amnesia that lasts over 24 hours. Roughly 20 percent of people experience post-concussion syndrome, with symptoms like difficulty concentrating, memory problems, personality changes, light/noise sensitivity, depression, or smell/taste disorders. Sustaining a severe concussion or multiple concussions may also put you at risk for dementia.
- Liability – A civil settlement or jury award becomes relevant when another party’s negligence, recklessness, or intentional malice causes the concussion. We most commonly see concussions in motor vehicle accidents, slip and fall accidents on commercial property, construction site mishaps, boating accidents, or barroom brawls. California allows comparable negligence, meaning the amount you receive can be reduced if the defendant proves you were at least partially to blame for the cause of the accident. The defendant may attempt to dodge and deny liability altogether. Working with a traumatic brain injury attorney can make a big difference in establishing the basis of your claim. Our accident investigators will seek to establish key facts surrounding the case.
- Costs – A concussion settlement should restore your finances as if the injury had never occurred. This means compensating you for all past expenses, such as ambulance fees and emergency room care, doctor’s visit copays, diagnostic imaging, medication, physical rehabilitation, mental health treatment, loss of earnings, and diminished earning capacity. A concussion settlement can also provide additional money – an estimated amount for noneconomic damages, such as mental distress, pain and suffering, permanent cognitive impairment, and loss of enjoyment in life. Ellis Injury Law works with a reputable team of medical experts who can lend credibility to your prognosis, as well as forensic economists who can accurately forecast the long-term costs of traumatic brain injury, so you won’t have to worry about out-of-pocket expenses down the road.
- Local Variables – Every city, every judge, and every jury are different. Average verdicts can range considerably. Local attorneys at Ellis Injury Law have access to databases where we can retrieve records of past settlements and jury awards relevant to particular courthouses and judges. We know which settlements are in the right ballpark and which ones are way undervalued. Some cases may need to move beyond settlement negotiations to a juried trial in order to obtain maximum recovery.
Concussion claims can be worth a lot
Past results are no guarantee, but several jury awards indicate the potential for concussion awards:
- $160,000 – for a bulging disc and concussion-related headaches after a car crash (Case No 37-2011-0054633)
- $394,018 – after a 35-year-old hit a car door while bicycling, causing mild concussion (Case No CGC-13-529303)
- $2.6 million – in a hospital stairway slip and fall accident with permanent memory loss (Case No SCV248442)
- $7.5 million – from a Starbucks slip-and-fall with unconsciousness (Case No 37-2009-00084460-CU-PO-NC)
- $10.7 million – after a rear-end collision caused a child’s skull fracture and concussion (Case No 201200058735)
- 17.4 million – due to permanent TBI in a trucking crash, which the defendant disputed (Case No201200058735)
Contact Ellis Injury Law Los Angeles accident lawyers
If you or someone you love has been diagnosed with a concussion, there is nothing to lose in contacting Los Angeles accident lawyers who have a proven track record of success, as we work on contingency basis. These cases can be difficult to prove on your own, especially when the defendant is accusing you of being a “malingerer” who pretends to be hurt for a lengthy period of time to extort money. We understand the serious nature of all brain injuries, as well as the long-term side effects and consequences your family is experiencing. Our team of respected experts will help you get fair compensation, so you can focus on recovery. Call us any time, 24/7, to schedule your free case review. We have the experience you need to successfully pursue your claim, having recovered over $350 million for our clients so far.