Concussion Settlements: Statistics and Facts

Concussions, or mild traumatic brain injuries, affect more than 150 people every day. Every year, mild traumatic brain injury settlements are given to athletes, nursing home residents, pedestrians and more who face the long-term effects and long recoveries after a concussion. What is the average compensation for a concussion injury settlement? How much compensation could you get for a brain injury? The amount depends on the individual case and number of elements.

Definition of Concussion (Mild Traumatic Brain Injury)

According to the American Congress of Rehabilitation Medicine, “a patient with mild traumatic brain injury is a person who has had a traumatically induced physiological disruption of brain function.” In other words, when a person’s normal brain function is interrupted by trauma, they have a mild traumatic brain injury. To diagnose a concussion, doctors look for signs of the following: ringing in the ears, loss of consciousness, loss of memory, or alteration in metal state.

However, some victims of mild traumatic brain injuries recover on their own and do not require extensive medical treatment or compensation to cover damages. But the effects of a concussion can last a few days or a lifetime. And the severity of a traumatic brain injury go beyond mild when consciousness is lost for more than 30 minutes or the amnesia after the event lasts longer than 24 hours. These factors qualify a TBI as severe. From mild to severe, every victim of traumatic brain injury deserves the time and means to recover fully.

Mild Traumatic Brain Injury Settlements

Most settlements paid to victims of mild traumatic brain injuries are done so out of court. Because of this, much of the information about concussion settlements involve cases with high public interest, like those involving NFL and NHL players. In those cases, class action suits were brought against the National Football League and the National Hockey League. In both cases, settlements were given to players that showed signs of TBI. The cases have encouraged other sports organizations to seek settlement for traumatic brain injuries.

But concussions happen off the field and rink. In those cases, settlements for non-athletes should cover medical costs, time off work, and pain and suffering. According to brainandspinalcord.org estimates for the damages claimed for a typical brain injury case range from $100,000 to a figure in the millions. But each case of brain injury is different. The situation surrounding the injury, the parties involved, and who is at fault differs from case to case. Above all, every victim deserves serious consideration and studies show that doing so quickly could shorten recovery time.

Financial Factor in Concussion Settlements and Recovery

Mild traumatic brain injuries have been studied to understand their severity. But most of the symptoms depend on what a patient says. Many have questioned if courts should award settlements for this kind of injury. The victim is often the person who stands to gain money from a settlement, so how can a court rely on their testimony? Is it possible that victims exaggerate their symptoms to get bigger pay-outs?

Studies have debunked this theory. In a report published in the Journal of Clinical and Experimental Neuropsychology, researchers found “the effect of compensation claims and preinjury psychopathology is often secondary to organic factors.” That is to say, the long-term effects of concussions are serious and real. However, another study in the Emergency Medicine Journal warns that if there is a possible connection between symptoms and litigation, “early settlement of the cases might significantly reduce morbidity.”

In conclusion, acting quickly could impact the length of recovery time. Victims and families of victims should move as quickly as possible to get justice.

The average compensation for a concussion varies by situation, but the experienced team at Deliso Law will fight for your best interests. If you or a loved one has suffered a concussion or mild traumatic brain injury, call 718-238-3100 or chat online with our team for a free consultation.

by Allison Theresa