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Concussion & Brain Injury Settlement Value

By Recording Law Editorial Team7 min read

Frequently Asked Questions

What is the average settlement for a concussion?

There is no reliable 'average,' because settlements are private, unreported, and skewed by outliers. Illustratively, a mild concussion that fully resolves often falls somewhere in the $15,000 to $50,000 range, while a TBI with permanent deficits can reach the high six figures or more. Your facts, proof, liability, and state law control the number.

Why can a brain injury be worth so much more than a broken bone?

Permanent cognitive, emotional, or behavioral deficits justify the top of the multiplier scale (4 to 5 or higher) and often come with large lost-earning-capacity and future-care claims. A brain that does not fully recover affects work, relationships, and daily function for life, which the law values heavily.

How do I prove a concussion if my CT and MRI are normal?

Normal imaging is common with mild TBI; the CDC notes scans are not required to diagnose a concussion. Proof typically comes from consistent medical records, documented symptoms over time, and neuropsychological testing that measures memory, attention, and processing-speed deficits objectively.

What is post-concussion syndrome and how does it affect value?

Post-concussion syndrome is when symptoms like headaches, poor concentration, and sleep or mood problems persist for months or longer. Documented persistence supports a higher multiplier than a quick recovery, because it shows the injury was not trivial and may not be fully reversible.

Does a prior concussion hurt my claim?

It can. Insurers often argue your current symptoms come from the old injury, not the new event. Clear before-and-after documentation, plus testing that ties current deficits to the new incident, helps counter that argument. A prior history can also mean slower recovery, which is itself relevant.

Can my settlement be reduced if I was partly at fault?

Yes. Most states reduce your recovery by your fault percentage; some bar recovery if you cross a 50% or 51% threshold, and a few contributory-negligence states bar it for as little as 1% fault. Some states also cap non-economic damages, especially in medical-malpractice claims.

Do I need a lawyer for a brain-injury claim?

This page is general information, not legal advice. Because brain-injury claims involve disputed causation, large future losses, and state-specific fault and cap rules, they are among the hardest to value and prove. Consulting a licensed personal-injury attorney is generally advisable for anything beyond a minor, fully-resolved concussion.

Sources and References

  1. CDC(cdc.gov).gov
  2. CDC(cdc.gov).gov
  3. NIH National Library of Medicine(pmc.ncbi.nlm.nih.gov).gov
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