Traumatic Brain Injury Settlement Calculator
Traumatic brain injuries, including concussions, can cause headaches, memory problems, mood changes, and trouble working long after the accident. Because many TBIs do not show on a standard CT scan, these claims depend heavily on neurological evaluation and records of how your life has changed. The calculator uses a 4.0Γ multiplier for brain injuries.
Starting multiplier for this injury: 4Γ (+0.5Γ with surgery). Free, private, nothing is saved.
State laws determine how fault affects your payout and cap on pain & suffering
The severity of your injury determines the pain & suffering multiplier β insurers use this to value non-economic damages.
Surgery significantly increases settlement value β it's objective evidence of serious injury.
Hospital, ER, ambulance, specialists, physical therapy, prescriptions, imaging. Include everything billed β not just what insurance paid.
π‘ Use the total billed amount β even if insurance covered part of it. Insurers use gross billing, not what you paid out of pocket.
Ongoing treatment, surgery you haven't had yet, long-term therapy or medication. An attorney can get a medical expert to project these β this often adds significant value.
Days missed from work, reduced hours, lost business income, or future earning capacity if your injury affects your ability to work long-term.
Be honest here β your state's negligence rule determines whether shared fault reduces or eliminates your recovery entirely.
How This Estimate Was Calculated
Estimate only. Actual settlements vary based on insurance policy limits, liability strength, and negotiation. An attorney's analysis will be more accurate.
Estimated Settlement Range
Select injury type
β οΈ Going without an attorney could cost you everything
β’ Insurance adjusters are trained to pay you as little as possible β it's their job
β’ They'll offer a quick settlement before you know your full injury
β’ They'll ask for a recorded statement to use against you later
β’ In contributory-negligence states, 1% of fault = $0 recovery
β’ Once you sign, it's permanent β even if injuries worsen
Insurance Research Council (IRC) Study
3.5Γ
Victims with attorneys receive 3.5Γ more on average β even after legal fees
β° Filing Deadline in Your State
View official state statute βGet a Free Attorney Review
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Review My Case for Free βThis tool provides general estimates only and does not constitute legal advice. Consult a licensed attorney in your state.
β οΈ Going without an attorney could cost you everything
β’ Adjusters are trained to pay you as little as possible
β’ They offer quick settlements before you know your full injury
β’ Recorded statements are used against you
β’ Once you sign, it's permanent β even if injuries worsen
3.5Γ
more with an attorney
Victims represented by attorneys receive 3.5Γ more on average β even after paying legal fees (Insurance Research Council)
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What Raises a Brain Injury (TBI) Settlement
- A diagnosis from a neurologist, and neuropsychological testing that measures cognitive changes.
- Symptoms that persist for months (post-concussion syndrome), documented over time.
- Lost earning capacity if you cannot return to the same work, which can exceed past medical bills.
- Statements from family, coworkers, or employers describing changes in memory, mood, or performance.
How Insurers Push the Value Down
- Pointing to a normal CT or MRI as proof there is no brain injury.
- Blaming symptoms on stress, depression, or other causes.
- Settling quickly, before the long-term effects are known.
Records to Gather
- βEmergency records noting loss of consciousness, confusion, or memory gaps
- βNeurology and neuropsychological evaluation reports
- βRecords from speech, vestibular, or cognitive therapy
- βWork performance records and statements from people who know you
Use the evidence checklist to track everything, and check your filing deadline before you negotiate. Need treatment now with no upfront cost? Find doctors who accept liens.
Brain Injury (TBI) Settlement FAQ
How is a brain injury settlement valued?
Value depends on the severity and duration of symptoms, the cost of current and future care, and lost earning capacity. This calculator applies a 4.0Γ multiplier to economic losses. Serious TBI claims often need medical and economic experts to value fully.
Can I get a settlement for a concussion?
Yes. A concussion is a mild traumatic brain injury. Claims are stronger when symptoms were documented promptly and followed by a doctor over time.
Does my state cap brain injury damages?
Some states cap non-economic damages in certain cases. When you select your state, the calculator applies a cap if one is listed. Caps and their exceptions vary, so confirm with an attorney.
Is this estimate what I will actually receive?
No. It is an educational range only. Brain injury claims are complex, and a licensed attorney in your state should evaluate yours.
Educational estimates only, not legal advice. Multipliers are a simplified model of how insurers value claims, not averages of real settlements. Consult a licensed attorney in your state.