How To Value a TBI Claim

A traumatic brain injury (TBI) claim valuation considers several factors, including financial losses, physical impacts, and emotional damages. Proving that negligence caused harm is a critical part of traumatic brain injury cases, and calculating a victim’s losses is another essential step. The effects of head trauma can be extreme, making compensation a necessity for those needing ongoing rehabilitation, care providers, and treatment.

If you’re pursuing a lawsuit for a brain or mental injury, a TBI lawyer can help estimate and prove your current losses and future financial needs. The attorneys at Miller Law Group are qualified head trauma (TBI) lawyers who use their knowledge and experience to value clients’ TBI claims and secure the resources they need.

Head injuries incur significant quantifiable losses, such as medical bills, rehabilitation, and long-term care. Correctly factoring all current and future expenses related to the injury is a challenge best left to a lawyer experienced in head trauma. These professionals can evaluate current invoices and costs, and they can access resources and experts who can opine on future care, treatment, and other lasting effects to calculate economic damages:

• Medical Expenses: Neurosurgeries, rehabilitation, hospital stays, appointments, and other related medical visits
• Future Care Costs: Projected expenses for future, and sometimes life-long, medical care, rehabilitation, and surgical procedures related to the brain injury
• Lost Wages: Earnings lost due to missed work or incapacitation due to head trauma
• Loss of Earning Capacity: An estimate of how much future earnings were lost due to the TBI, such as lost opportunities for advancement or a prematurely ended career
• Other Out-of-Pocket Expenses: Home modifications, transportation to appointments, home health aides

Intangible, subjective losses from a traumatic brain injury are difficult to calculate but must be considered to make the victim whole again. These losses are directly related to the injury.

• Pain and Suffering: Extreme physical pain, chronic conditions, and emotional distress
• Loss of Enjoyment of Life: Physical and cognitive impairments that limit or prevent participation in previously enjoyed activities, reduce your quality of life, and introduce psychological challenges
• Emotional Distress: Anxiety, depression, PTSD, and mood changes that affect overall well-being and demeanor
• Loss of Consortium: Negative effects on relationships with a spouse or family members, reducing the ability to provide companionship, support, and affection

The severity of a TBI plays a significant role in the financial and emotional damages a victim may claim. Mild TBIs or concussions may cause temporary symptoms with limited long-term financial impact, while moderate or catastrophic brain injuries can create lifelong challenges and significant costs.

When a head injury causes permanent cognitive changes—such as memory loss, personality shifts, or difficulty concentrating—an attorney may increase non-economic damages to compensate.

Additional factors that may impact the value of a TBI claim include:

• Level of Independence: Whether the person can live independently or if they require round-the-clock care
• Long-Term Health Complications: The onset of related conditions, such as seizures, chronic headaches, or neurological issues

Medical evidence, expert testimony, and documentation of how the injury impacted a person’s life are the main requirements to prove a TBI case. Damages must be substantiated with evidence, which a traumatic brain injury lawyer can help collect and organize. Financial records, receipts, invoices, and employment records can demonstrate economic damages, while personal witness testimonies and impact statements show how a TBI changed someone’s life. Experienced attorneys often work with experts to approximate future needs and develop a life care plan for those who have suffered serious brain injuries.

Usually, the insurer of the person or entity responsible for the traumatic accident will pay for the resulting damages. If a speeding motorist crashes into a pedestrian causing a brain injury, the driver’s auto insurance will likely pay for those damages. When a person is harmed in a serious fall due to negligent property upkeep, the homeowner or business insurance is likely to pay for the premises liability claim. When medical malpractice is at play, the healthcare provider or facility insurer may be responsible for financial compensation.

While this sounds straightforward, many insurers do not want to pay for costly traumatic brain injury claims and will downplay or minimize the outcome. If you’re denied coverage by your insurer or someone else’s, you may need to seek legal help. A head trauma lawyer can review the insurance policy and denial letter and explore whether the provider’s actions fall under bad faith insurance.

If you or someone you love has experienced a serious head injury, speak to the attorneys at Miller Law Group. We’ll review your case to determine the right steps to get you the help you need. We’re experienced with traumatic brain injury cases and understand what needs to be done to get you justice. Contact our lawyers today for a free consultation.