A concussion can be thought of as a “mild” traumatic brain injury (TBI), but the impact it can have on an individual’s health, career, and quality of life can be far from minor. Regardless of whether it occurs as a result of a car accident, slip-and-fall, workplace accident, sports injury, or physical assault, concussions can result in symptoms that persist over the long term, including headaches, memory loss, dizziness, light sensitivity, mood swings, and cognitive impairments. If a concussion is caused by someone else’s negligence, victims might be entitled to damages—and knowing how concussion settlement amounts are determined is an important first step to obtaining those damages.
In this guide, we’ll explore:
- What factors influence concussion settlement amounts
- Average ranges and real-world examples
- How to strengthen your concussion injury claim
- Key legal considerations when pursuing compensation
Understanding Concussions and Their Impact
A concussion is a form of traumatic brain injury caused by a blow or jolt to the head or body that causes the brain to move rapidly back and forth inside the skull. This movement can create chemical changes and sometimes damage brain cells. Although concussions are typically classified as “mild TBIs,” the effects can be long-lasting and disabling in severe cases.
Common causes of concussions include:
- Auto accidents (rear-end collisions, T-bones, rollovers)
- Slips, trips, and falls on unsafe property
- Contact sports like football, soccer, and hockey
- Assaults or physical altercations
- Workplace accidents, including falls from heights or falling objects
Common symptoms:
- Headaches or migraines
- Dizziness and balance problems
- Difficulty concentrating or remembering
- Irritability, depression, or anxiety
- Sleep disturbances
- Sensitivity to noise or light
The seriousness of these symptoms can significantly influence a settlement’s value. Even though concussions don’t always show up on MRIs or CT scans, the symptoms can disrupt someone’s daily life for weeks, months, or longer.
Factors That Influence Concussion Settlement Amounts
Concussion settlements vary widely depending on several key factors. While no two cases are alike, here are some of the most common variables that influence how much compensation a victim may receive:
1. Severity of the Injury
The more serious the concussion and its impact on the victim’s life, the higher the potential settlement. Recurrent symptoms or post-concussive syndrome (PCS) can significantly increase compensation.
2. Medical Expenses
This includes emergency care, hospitalization, imaging tests, physical therapy, neurologist visits, and medication. Future medical costs for ongoing treatment or rehabilitation are also considered.
3. Lost Wages and Earning Capacity
If the victim missed work due to the concussion or is unable to return to their previous employment, these lost earnings are a major component of the claim. Long-term or permanent disability due to cognitive impairments may also be factored in.
4. Pain and Suffering
These damages reflect the physical discomfort and emotional distress caused by the injury. Anxiety, PTSD, depression, and lifestyle disruptions often fall into this category.
5. Liability and Negligence
Was the defendant clearly at fault? Is liability shared? In comparative fault states like California, if the injured party is partially at fault, it may reduce the total settlement.
6. Insurance Policy Limits
Sometimes, the defendant’s insurance coverage may limit how much you can recover, even if your claim is worth more.
7. Documentation and Evidence
Strong medical records, expert witness testimony, and consistent treatment history support a stronger case and may result in higher settlements.
Average Settlement Amounts for Concussions
While every case is different, here is a general breakdown of concussion settlement ranges based on real-world data:
- Mild Concussion (full recovery): $10,000 – $30,000
- Moderate Concussion (weeks/months of symptoms): $30,000 – $100,000
- Severe/Post-Concussive Syndrome (long-term disability): $100,000 – $500,000+
- Concussion with Complications (e.g., second impact syndrome, permanent cognitive damage): $500,000 – $1 million+
Note: These are not guarantees but general ranges. Settlement values are highly individualized and depend on the unique facts of the case.
Real-World Examples of Concussion Settlements
To better understand how settlements are calculated, here are some notable case examples:
- Car Accident – $85,000 Settlement: A 34-year-old woman suffered a concussion in a rear-end collision, with symptoms lasting six months. She missed several weeks of work and had ongoing migraines and concentration issues.
- Slip and Fall – $250,000 Settlement: A grocery store customer slipped on a wet floor without a warning sign. The concussion led to ongoing cognitive impairment and psychological effects. The business was found negligent.
- Workplace Injury – $150,000 Settlement: A construction worker hit by falling equipment experienced a concussion with long-term vertigo and balance problems. The employer’s insurer settled after extensive medical evaluation.
How to Maximize a Concussion Settlement
If you or a loved one is pursuing compensation for a concussion, here are steps to strengthen your case and potentially maximize the payout:
1. Seek Immediate Medical Attention
Even if symptoms seem mild, it’s essential to get checked out. Prompt medical treatment creates a paper trail and helps establish causation.
2. Follow Through with Treatment
Attend all follow-up appointments and follow doctor recommendations. Gaps in care can be used by insurance companies to downplay the severity of your injury.
3. Keep a Symptom Journal
Document your daily symptoms, emotional state, and limitations. This helps personalize your experience for the court or insurance adjuster.
4. Work with a Personal Injury Attorney
An experienced brain injury lawyer can evaluate your claim, gather evidence, negotiate with insurance companies, and advocate for fair compensation.
5. Gather Evidence of Losses
Collect documentation of lost wages, medical bills, and out-of-pocket expenses. Statements from family members or coworkers can also support claims of lifestyle changes or cognitive issues.
Concussion Lawsuits vs. Settlements
Most concussion injury claims settle out of court. However, some proceed to trial if there’s a dispute over liability or the value of damages. Here’s a brief comparison:
Settlement:
- Faster resolution
- Less costly
- Confidential
- Negotiated between parties
Lawsuit/Trial:
- May yield higher awards
- Public process
- Takes longer
- Involves expert testimony
Deciding whether to settle or go to court should be done in consultation with a qualified attorney who understands the complexities of brain injury litigation.
Special Considerations: Minors and Concussions
When a child sustains a concussion, additional steps are necessary. Courts must approve settlements for minors, and often funds are placed in a trust or structured settlement until the child turns 18. The law aims to protect children from losing their compensation due to mismanagement or poor financial decisions by guardians.
Frequently Asked Questions (FAQs)
Q: Can I sue for a concussion if I didn’t lose consciousness?
A: Yes. Many concussions occur without a loss of consciousness. If the injury caused disruption to your life and was due to someone else’s negligence, you may be entitled to compensation.
Q: How long do I have to file a concussion injury claim?
A: In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, this can vary by jurisdiction or type of defendant (e.g., a government agency).
Q: What if I had a pre-existing condition?
A: You may still recover compensation if the concussion worsened your existing condition or caused new symptoms. Defendants must take the victim “as they find them.”
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
