Traumatic Brain Injury Settlement Amounts
TBI is one of the highest-value injury categories in personal injury law — and one of the hardest to prove. Mild concussions to catastrophic brain injury settlements typically range from $30K to $10M+ depending on severity, imaging, and lasting impairment.
Traumatic brain injury (TBI) is one of the highest-value injury categories in personal injury law — and one of the most challenging to prove. Unlike a broken bone, TBI often produces normal imaging and can develop over weeks. Cases turn on the quality of neuropsychological testing, the strength of the treating physician’s opinion, and detailed documentation of cognitive and behavioral changes.
TBI severity classification
- Mild TBI / concussion — GCS 13-15. Brief or no loss of consciousness. Most common — ~75% of all TBIs.
- Moderate TBI — GCS 9-12. Loss of consciousness 30 minutes to 24 hours. Often visible on imaging.
- Severe TBI — GCS 3-8. Extended loss of consciousness (24+ hours), coma, significant imaging findings.
Severity at admission doesn’t always predict outcome. Some mild TBIs produce lasting post-concussive syndrome for years. Some moderate/severe TBIs produce meaningful recovery. The clinical trajectory over 6-24 months determines the final impairment picture.
Typical TBI settlement ranges
- Mild TBI with full recovery within 12 months — $30,000 – $150,000
- Mild TBI with lasting post-concussive syndrome — $150,000 – $500,000
- Moderate TBI with cognitive impairment — $500,000 – $2,000,000
- Severe TBI with permanent disability requiring supervision — $2,000,000 – $10,000,000+
- Catastrophic TBI with permanent care needs — $5,000,000 – $20,000,000+
- Wrongful death from TBI — often $2M-$10M+ depending on decedent’s age, earnings, family
What drives the number up
- Neuropsychological testing — formal battery documenting cognitive deficits. Central to any serious TBI case.
- DTI (diffusion tensor imaging) — advanced MRI that can show white-matter damage invisible on standard imaging
- Documented cognitive/behavioral changes — memory, executive function, mood, personality
- Loss of earning capacity — vocational expert opinion
- Life-care plan — projected lifetime medical + rehab + supervision costs
- Family testimony — before-and-after descriptions
- Loss of consortium claims — spouse’s independent claim
Common defense arguments
- “Normal imaging” defense — rebutted with neuropsych testing and DTI/PET
- “Symptoms are subjective” — rebutted with objective neuropsych battery + third-party testimony
- Pre-existing depression/anxiety being blamed for cognitive symptoms
- “Malingering” testing — countered with pre-emptive effort validity testing
Don’t settle a TBI case before 18-24 months
TBI cases should never be settled early. The full impairment picture takes 12-24 months to develop. Cognitive testing at 3 months post-injury often looks very different from testing at 12 months. Insurers push for early settlement precisely because they know the case will be worth more once the picture develops.
General information about U.S. personal injury law. Not legal advice.
TBI Settlement Amounts FAQs
What is the average TBI settlement in a car accident?
Mild TBI (concussion) cases average $10,000-$100,000. Moderate TBI with cognitive impairment: $200,000-$800,000. Severe TBI with permanent disability: $1M-$10M+. Cases involving permanent inability to work, requiring lifetime care, regularly reach eight figures.
What are the three levels of TBI severity?
Mild TBI (concussion) — brief loss of consciousness or altered mental status, GCS 13-15. Moderate TBI — loss of consciousness minutes to hours, GCS 9-12. Severe TBI — loss of consciousness hours+, GCS 3-8, often permanent impairment. Settlement values scale roughly by severity.
What symptoms indicate a TBI?
Headaches, cognitive problems (memory, concentration, processing speed), personality/mood changes, sleep disturbance, sensory changes (light/sound sensitivity), fatigue, difficulty with executive function, sometimes seizures. Persistent symptoms weeks after the crash warrant neurology and neuropsychological evaluation.
Does TBI always show up on brain imaging?
No. Mild TBI often shows no abnormalities on standard CT/MRI. Newer techniques (DTI, functional MRI, SPECT) can sometimes show damage. Diagnosis is primarily clinical based on symptoms and neuropsychological testing. Absence of imaging findings doesn’t mean the injury isn’t real.
How is TBI documented for a settlement?
Neurological consultation, neuropsychological testing (measures cognitive function), vocational assessment (impact on work capacity), life care plan (future costs), day-in-the-life video for severe cases, family testimony about behavioral changes. Comprehensive documentation dramatically affects case value.
Can I recover for lost earning capacity from a TBI?
Yes. If TBI reduces your ability to work, you can recover the present value of lost future earnings — often the single largest damages component in severe TBI cases. Requires expert vocational and economic testimony. Life care plans project medical and rehabilitation costs across the plaintiff’s remaining lifetime.