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Lawyer reviewing the terms of a brain injury settlement | Burg Simpson

What Is a Typical Settlement for a TBI?

November 6, 2023 | 5 min read

How much should you seek through a brain injury settlement? That depends entirely on how the injury has and may continue to impact your financial stability, physical capabilities, and emotional well-being. The Denver brain injury lawyers at Burg Simpson are here to review your claim free of cost and obligation to help you determine how best to seek the compensation you are due.

Traumatic brain injury (TBI) is incredibly complex. Depending on its extent, TBI can result in a broad range of symptoms affecting your cognition, behavior, motor skills, and more. Tragically, once damage has been done, it often cannot be reversed. Many individuals who sustain a TBI will require a lifetime of medical attention.

When your injury is the result of someone else’s negligence, the costs associated with these losses should not be your responsibility. Talking to an experienced attorney can help you determine how best to proceed.

To schedule your FREE and confidential consultation with an experienced Denver brain injury lawyer, please call Burg Simpson Law Firm at 303-792-5595 today. We proudly serve Fort Collins, Boulder, Colorado Springs, and all surrounding Front Range communities.

What Is the Average Brain Injury Settlement Amount?

Multiple factors go into determining the worth of a brain injury claim. This makes it nearly impossible to accurately establish an “average” brain injury settlement amount. The best way to determine what your claim may be worth is through a complimentary case review with one of our Denver brain injury attorneys.

Throughout a lifetime, a brain injury can result in hundreds of thousands—if not millions—of dollars in medical expenses, diminished earnings, and related expenses. These costs must be taken into account when seeking a fair brain injury settlement. Our lawyers will carefully review how TBI has impacted your life—and is likely to impact your future—to calculate what you may be owed.

Damages That Factor Into a Brain Injury Settlement

When calculating what to seek in a brain injury settlement, several different types of damages need to be considered. These include:

Economic Damages

Economic damages are the direct, quantifiable costs related to the injury. With TBI, these can include:

  • Emergency & Ongoing Medical Expenses. These include emergency hospitalization, surgery, and in-patient services.
  • Rehabilitation & Therapy. This might include physical, recreational, and occupational therapy, along with therapies to assist with speech, language, and emotional difficulties.
  • Lost Wages & Diminished Earning Capacity. This includes current wages lost due to recovery, along with future wages lost due to new limitations. While these are often more significant for individuals suffering moderate to severe TBI, the NIH reports that even “mild traumatic brain injury is associated with substantial employment and economic consequences for some patients.
  • Assistive Technologies & Home/Vehicle Modifications. These might include tools and devices made necessary for mobility or self-sufficiency. They may also include retrofits to your home and vehicle that allow for the same. Adaptive equipment is highly specialized and can be expensive (to purchase and maintain / repair).

When calculating economic damages, our Denver brain injury lawyers will carefully assess your current and future expenses to seek every penny you are owed.

Non-Economic Damages

Non-economic damages cover the intangible costs related to TBI. These include:

  • Pain & Suffering. This includes physical pain and emotional duress related to the injury.
  • Reduced Quality of Life. This addresses things like lost abilities, difficulties engaging in the things you enjoy, and forced changes to future plans.
  • Loss of Companionship. This includes any unwanted changes in your familial or intimate relationships caused by your injury.

Non-economic damages are not as easy to calculate as economic losses. Our compassionate attorneys will take the time to listen to your story, understand the many ways the accident and subsequent injury have impacted your life, and help you determine what your brain injury claim might be worth.

Punitive Damages

In some cases, punitive damages may be awarded to punish the negligent party and deter similar behavior in the future. These damages can be sought if the accident that caused your TBI resulted from particularly egregious or unusually reckless behavior. Punitive damages are not included in settlement negotiations. They can only be awarded by the court.

Personal Injury Damage Caps in Colorado

Colorado law imposes a cap on non-economic damages in personal injury cases. As of the most recent update, the limit is set at $642,108, which can be increased to $1,284,370 in cases involving “exceptional circumstances.”

Punitive damages are also capped in Colorado. They cannot exceed the total amount of compensatory damages (economic + non-economic damages) awarded by a judge or jury (see Colorado Revised Statutes § 13-21-102.5).

Determining How Much to Seek In a Brain Injury Settlement

Determining the appropriate amount to seek in a brain injury settlement requires a detailed analysis of all related damages. This can include:

Calculating Economic Damages

Our lawyers will perform an exhaustive calculation of past and future economic damages. This includes not just medical expenses but also lost income, future loss of earning capacity, and any other out-of-pocket expenses related to the injury. In some cases, vocational experts may be consulted to assess future earning potential, while medical experts could be brought in to estimate future medical costs.

Assessing Non-Economic Damages

While subjective, non-economic damages must be factored into any comprehensive settlement demand. We will assess the psychological, emotional, and lifestyle impacts of your injury to attach a monetary value to these more nebulous damages.

Evaluation of Punitive Damages

We will examine the circumstances surrounding the accident to assess whether punitive damages could be a plausible addition to the settlement demand. These are rare, but should be sought when appropriate.

By meticulously examining each of these aspects, our Denver brain injury lawyers can seek a settlement that accurately reflects the profound impact the TBI has had on your life.

How Much Time Do I Have to File a TBI Claim?

In Colorado, the statute of limitations for personal injury claims, including those involving brain injuries, is two years from the date of the accident (see: Colorado Revised Statutes § 13-80-102). There are exceptions to this rule, but they are rare. It is best to discuss your case with an experienced attorney as soon as possible to ensure you do not run out of time to file.

The Denver brain injury lawyers at Burg Simpson have years of experience helping victims of TBI seek justice. We are here to review your claim, discuss your rights, and help you plan your next best steps. With more than four decades of proven success, we have the resources, drive, and experience to help you secure the best brain injury settlement possible.

Contact Our Denver Brain Injury Lawyers for a FREE Case Review

If you or a loved one has suffered a traumatic brain injury, contact Burg Simpson for a complimentary case review at our Denver office. We serve families and individuals dealing with TBI throughout Colorado.