Traumatic brain injuries (TBIs) are at the top of the list for the most severe injuries a person can suffer, often resulting in life-altering consequences. In New Jersey, victims of TBI accidents may seek compensation by filing a personal injury claims or lawsuits. While no two cases are the same, understanding the factors that impact settlement amounts can provide valuable insight into what victims might expect.
Understanding Traumatic Brain Injuries and Their Impact
Traumatic brain injuries (TBIs) range from mild concussions to severe brain damage that oftens results in permanent disabilities. According to the Centers for Disease Control and Prevention (CDC), TBIs are responsible for approximately 64,000 deaths each year in the United States. Survivors often face challenges such as cognitive impairments, loss of motor function, and emotional instability, which affect their quality of life and ability to work.
For victims in New Jersey, seeking compensation is often necessary to cover the extensive costs associated with TBIs. Medical costs, rehabilitation, lost wages, and non-economic damages such as pain and suffering all factor into a settlement's value.
Average Settlement Amounts for TBI Cases in New Jersey
Determining an exact average settlement for TBI cases is challenging, as outcomes vary depending on the seriousness of the injury and the situation surrounding the accident. However, settlements for TBI cases often range between $100,000 and $3 million. Some cases with catastrophic injuries or clear evidence of negligence usually result in payouts exceeding this range.
For example:
- Mild TBI: Settlements for mild TBIs or concussions without long-term complications may fall between $50,000 and $150,000, depending on the medical costs and missed work.
- Moderate TBI: Cases involving prolonged recovery and moderate impairment often lead to settlements of $500,000 to $1 million.
- Severe TBI: When victims face permanent disabilities, such as loss of independence or cognitive function, settlements frequently exceed $1 million and can reach $10 million or more in rare cases.
Factors Influencing TBI Settlements in New Jersey
The wide range of potential settlement amounts stems from the numerous factors that influence compensation. These include:
Severity of the Injury:
The more severe and permanent the injury, the higher the compensation. A severe TBI requiring lifelong care will lead to a substantially higher settlement than a mild concussion.
This includes quantifiable costs such as hospital bills, physical therapy, medications, lost wages, and future earning capacity. For instance, lifetime medical costs for a severe TBI can range from $85,000 to over $3 million, depending on the level of care needed.
Non-Economic Damages:
Pain and suffering, emotional distress, and loss of enjoyment of life often constitute a significant portion of TBI settlements. These damages are subjective and depend on how the injury affects the victim's quality of life.
Liability and Negligence:
Establishing fault is critical in New Jersey, a comparative negligence state. If the victim is found partially at fault for the accident, their compensation may be reduced. For example, if a plaintiff is 20% at fault, their settlement would be reduced by 20%.
Insurance Policy Limits:
In many cases, the settlement amount is constrained by the defendant's insurance coverage. If the at-fault party has low coverage, the victim may need to pursue additional compensation through their own uninsured/underinsured motorist policy.
Long-Term Impact:
Settlements are higher when TBIs result in permanent disabilities, as these require lifelong care, adaptive equipment, and modifications to the victim's living environment.
Steps to Maximize a TBI Settlement in New Jersey
- Seek Immediate Medical Attention:
- Documenting the injury and treatment from the start establishes a solid foundation for your claim.
- Work with Experienced Attorneys:
- A personal injury lawyer in New Jersey will help gather evidence, negotiate with insurance companies, and build a strong case.
- Document All Losses:
- Keep records of medical bills, therapy appointments, lost wages, and any other financial impacts of the injury.
- Consider Future Costs:
- Ensure your claim includes long-term care needs and potential loss of future income.
Why You Need Legal Support for a TBI Claim
Figuring out the legal process after a TBI can be overwhelming, especially when dealing with life-altering injuries. In New Jersey, the statute of limitations for filing a personal injury claim is two years from the date of the accident, making it important to act quickly. A knowledgeable attorney can help make sure you meet deadlines, prove liability, and secure a fair settlement.
Conclusion
The average settlement for a TBI accident in New Jersey varies widely, depending on factors like the severity of the injury, liability, and long-term consequences. While mild cases may result in settlements under $100,000, severe TBIs with permanent disabilities can command millions. If you or a loved one has suffered a TBI, seeking professional legal counsel is essential to secure the compensation needed for recovery and financial stability.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating New Jersey Personal Injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.