Understanding TBI Settlements: No One-Size-Fits-All Number

Unlike fixed damages in property claims, traumatic brain injury settlements are determined by a combination of legal, medical, and economic factors. While some TBIs may result in mild, temporary impairments, others cause lasting cognitive or physical disabilities. Because of this wide range, average settlement amounts can span from $100,000 to over $1 million.

Rather than searching for a general figure, individuals should understand what influences these payouts:

• The severity and permanence of the injury
  
• The cost of medical treatment (past and future)
  
• Impact on earning ability or loss of income
  
• The level of pain and suffering experienced
  
• Evidence of negligence by another party
  

Each of these elements must be proven with credible documentation and expert testimony to reach the higher end of the settlement spectrum.

Common Factors That Affect TBI Settlement Values

1. Medical Costs and Treatment Needs

TBI cases almost always involve substantial medical expenses. These can include:

• Emergency care and hospitalization
  
• CT scans, MRIs, and neurological testing
  
• Inpatient rehabilitation
  
• Long-term occupational or speech therapy
  
• Medications and assistive devices
  

According to the CDC, direct and indirect costs of TBIs in the U.S. exceed $76.5 billion annually, underscoring how financially devastating these injuries can be. In Ohio, a moderate to severe TBI that requires lifelong care can easily result in six- or seven-figure medical costs alone, which greatly raises the settlement potential.

2. Lost Income and Diminished Earning Capacity

A TBI can leave a person unable to return to their previous job or work at all. In these cases, settlements often account for:

• Time missed from work during recovery
  
• Loss of future earning capacity
  
• Job retraining expenses (if applicable)
  

For example, if a 40-year-old electrician earning $60,000 a year suffers a severe TBI and is no longer employable, a settlement might reflect 20 years or more of lost income, significantly increasing the claim's value.

3. Pain, Suffering, and Quality of Life Impact

These intangible losses play a major role in the final settlement. A TBI can cause memory loss, emotional instability, migraines, sleep problems, and even personality changes—none of which are easy to quantify.

Ohio law doesn’t impose a cap on non-economic damages in catastrophic injury cases like TBIs involving permanent disability or significant disfigurement. That allows for greater compensation in cases where the plaintiff can demonstrate severe suffering and a diminished quality of life.

4. Liability and Evidence Strength

The strongest TBI cases are backed by solid evidence, such as:

• Medical records and expert assessments
  
• Witness testimony or accident reconstruction
  
• Proof of the defendant’s negligence (e.g., video footage, police reports)
  

Ohio follows a comparative fault system, meaning a settlement may be reduced if the injured person is found partially responsible. For example, if a jury finds the plaintiff 20% at fault, the settlement will be reduced by that percentage.

Settlement Examples from Ohio and Similar Jurisdictions

While exact numbers vary, some illustrative examples from past Ohio cases and similar jurisdictions include:

• $325,000 for a mild TBI from a rear-end car crash where the plaintiff experienced memory issues and required months of treatment
  
• $875,000 for a moderate brain injury after a fall at a construction site with clear negligence by the property owner
  
• $2.4 million for a severe TBI caused by a trucking accident that left the victim permanently disabled and in need of lifelong care
  

These outcomes highlight how a case’s specifics—especially injury severity and clear liability—can swing the final figure by hundreds of thousands of dollars.

How Ohio Law Impacts TBI Compensation

Ohio’s laws play a role in shaping both the expectations and limitations of TBI settlements:

• Statute of Limitations: In Ohio, personal injury claims generally must be filed within two years from the date of the injury. Missing this window can forfeit the right to compensation.
  
• Caps on Damages: Non-economic damages (like pain and suffering) are capped at $250,000 or three times the economic damages, up to $350,000 per person—unless the TBI qualifies as a catastrophic injury.
  
• Comparative Negligence: If the injured party is more than 50% at fault, they cannot recover damages under Ohio law.
  

These legal boundaries emphasize the importance of swift and well-documented claims that are handled by an experienced personal injury attorney.

Tips for Maximizing a TBI Settlement

To receive a fair settlement after a traumatic brain injury in Ohio, consider the following:

• Keep detailed medical records and follow all treatment plans
  
• Document symptoms and how the injury has affected daily life
  
• Avoid early settlement offers from insurance companies without legal review
  
• Work with specialists—neurologists, therapists, vocational experts—to build your case
  
• Retain a lawyer experienced in catastrophic injury claims
  

Insurance adjusters often aim to reduce payouts in TBI cases due to their potentially high cost. An experienced attorney can help counter these tactics and present the strongest possible claim.

Conclusion

There is no fixed “average” settlement for a traumatic brain injury in Ohio because every case reflects unique medical, legal, and financial details. However, understanding the primary factors—such as the injury’s severity, cost of care, lost income, and the strength of the evidence—can help set realistic expectations. With the right documentation and legal support, many TBI victims in Ohio secure compensation ranging from hundreds of thousands to several million dollars, helping them rebuild their lives after a life-altering injury.

Need Legal Help? Call Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.