What Is a Typical Settlement for a TBI?

Yes. A mild concussion can still lead to a significant brain injury settlement. Symptoms of concussion can include memory problems, trouble thinking clearly, dizziness, irritability, and emotional changes. In some cases, these symptoms can last for months or longer.

A mild TBI claim may carry more value when it involves:

• Ongoing headaches, balance problems, or light sensitivity
• Trouble focusing, remembering, or working at the same level as before
• Repeated medical visits, therapy, or specialist care
• Lost income or reduced earning capacity
• Symptoms that interfere with sleep, driving, parenting, or school

Concussions are often mild in name only, with consequences that are actually quite profound. A concussion can change the course of your life and interfere with your ability to engage in things you enjoy. Your damages should be reflective of these things and substantial enough to help you rebuild and move on.

The value of a brain injury claim usually goes up when the injury is harder to recover from. You may be entitled to damages for economic losses, such as medical expenses and lost earning capacity, as well as non-economic harm, such as pain, emotional stress, and reduced quality of life. The more severe the injury, the stronger the settlement demand usually becomes.

Value drivers in a Colorado brain injury claim often include:

• The severity and duration of symptoms
• Whether you missed work or cannot return to the same job
• The need for future treatment, rehabilitation, or long-term support
• Clear medical proof connecting the symptoms to the accident
• Evidence that the injury changed daily life, relationships, and independence
• Testimony from doctors, therapists, employers, and daily members

The more a brain injury costs you in money, time, function, and peace of mind, the more it can increase the value of the claim.

There is no fixed timeline for a brain injury settlement. Some claims resolve in months. Some take longer. Brain injury cases often move more slowly because symptoms may appear over time. Some people continue dealing with problems for months or longer, driving up lifetime costs. Settling too early can mean valuing the case before the full picture is clear.

A traumatic brain injury claim usually takes longer when:

• Doctors are still evaluating the extent of the injury
• You are still being treated
• Your recovery has not stabilized
• Future care needs are uncertain
• The insurance company disputes fault or causation
• The case requires a lawsuit

Nearly all brain injury claims are settled before they go to trial. When a case requires litigation in a courtroom, it can take significantly longer to resolve. It is always best to have a traumatic brain injury lawyer on your side who has experience in trial settings.

Not all personal injury lawyers are qualified trial attorneys. Choosing one with sufficient experience litigating in front of a judge and jury helps to ensure that, should your case require a trial, you are fully protected.

Yes. Because brain injury can result in issues including memory problems, trouble thinking clearly, anxiety, irritability, sadness, and feeling more emotional, these issues are often included in damages. In fact, these problems are often central to a brain injury claim because they can affect work, relationships, and independence for years.

Establishing these damages may require supporting evidence, including:

• Neurology and neuropsychological records
• Therapy or counseling records
• Employer or school documentation
• Testimony from friends and family who witnessed changes
• A daily journal showing missed tasks, confusion, anger, or mood swings

Your Denver brain injury attorney will help you determine which records or documents will be most useful. They may also work with experts in various medical and therapeutic fields who can help to show all the ways your injury has impacted your life.

In Colorado, you may still have a claim, even if you were partly at fault for the accident that caused your brain injury. Colorado follows a comparative negligence rule, which holds that if your share of fault is less than the share of fault of the person you are suing, you are not automatically barred from recovery. But your compensation will be reduced by the percentage of fault you are assigned. So, for example:

• If you are found to be 10% at fault, your damages will be reduced by 10%
• If you are found to be 25% at fault, your damages will be reduced by 25%
• If you are found to be 50% or more at fault, you might be barred from recovery

Insurance companies know that if they can pin more of the blame on you, they can reduce their liability. Having a brain injury lawyer helps to protect you against unfair treatment and can allow you to seek more substantial compensation.

That depends. If this is your first offer, probably not. If you have not yet had a chance to talk to a qualified brain injury lawyer, definitely not.

Early offers are often insufficient to cover future needs. This means you may be stuck paying for future care and ongoing problems out of your own pocket.

Before accepting a brain injury settlement offer, it is smart to know:

• Your diagnosis and treatment plan
• Whether future therapy or specialist care is likely
• How the injury affects work and earnings
• Whether the insurer is discounting certain symptoms
• Whether the offer accounts for pain, emotional stress, and reduced quality of life

Insurance companies are not known for their generosity. Without an experienced attorney advocating on your behalf, you may be losing compensation you are entitled to. Before you accept any offers from insurance, talk to a brain injury lawyer to understand if what you are being offered is fair.

Your initial consultation with a Denver brain injury attorney should be free of both cost and obligation. This means you should not be expected to pay an attorney up-front for an evaluation of your case, and you should never feel like you have to work with a specific lawyer just because they reviewed your claim. You should feel free to meet with as many lawyers as you need until you find the one you feel most confident in.

Things to bear in mind when selecting a brain injury attorney:

• Look for someone with experience handling brain injury cases
• Check for awards, accolades, peer reviews, and testimonials
• Review any settlements or verdicts they have on their site
• Check to ensure they are trial attorneys who actually try cases

Most brain injury lawyers work on a contingency fee basis. This means that your initial consultation is free, but there is also no charge for legal services until after your case is won. If you do not win, your attorney does not get paid. There may still, however, be some legal fees and court costs you are responsible for. Make sure to carefully review any contingency agreements before signing one.

Often, no, but not always. Damages received on account of personal physical injuries or physical sickness are generally not included in gross income. However, punitive damages are typically taxable. Interest earned on a settlement or judgment is generally taxable, too. Emotional distress damages are treated differently when they are not tied to a physical injury, meaning they might also be taxable in certain situations.

The tax treatment of a brain injury settlement can depend on:

• How the settlement was written
• Whether the money is for physical injury damages
• Whether any part is allocated to punitive damages
• Whether interest is included

It is always helpful to review your final settlement agreement with your brain injury lawyer and a tax specialist before signing.