Traumatic Brain Injury Settlement Calculator
Estimate a traumatic brain injury settlement using severity (Glasgow Coma Scale), lifetime medical and rehabilitation costs, lost earnings, and pain-and-suffering multiplier. Severe TBI lifetime cost averages $3M (Brain Injury Association of America 2024). Verdicts range $500K (post-concussion syndrome) to $30M+ (severe TBI with permanent cognitive impairment).
TBI Severity and Glasgow Coma Scale
Glasgow Coma Scale (GCS) measures impairment at injury. Mild TBI (concussion): GCS 13-15, loss of consciousness < 30 minutes, post-traumatic amnesia < 24 hours. Moderate: GCS 9-12. Severe: GCS 3-8 (coma). Settlement value scales with severity — mild TBI averages $80K-$250K, moderate $400K-$1.5M, severe $1.5M-$10M+. CDC estimates 2.5M TBIs annually in the US; ~80% are mild.
Documenting a TBI Case — Why Mild TBI Pays
Mild TBI ('invisible injury') cases turn on objective evidence: ER/Glasgow records, neuropsychological testing showing measurable deficit, neuroimaging (DTI, SPECT, qEEG — though admissibility varies by state), employer letters documenting cognitive decline. Without objective evidence, mild TBI is treated as soft-tissue (1.5-2x multiplier). With strong neuropsych + brain imaging: 3-5x multiplier and 6-figure settlement. Defense will challenge with IME (independent medical exam) and pre-existing-condition arguments.
Lifetime Medical and Lost Earnings
Severe TBI requires: acute rehab (3-6 months), outpatient cognitive rehab, neurology follow-ups, attendant care, home modifications, vocational rehabilitation. Lifetime medical for severe TBI: $2M-$5M (BIAA 2024 actuarial estimates). Lost earnings = pre-injury earning capacity × work-life expectancy, reduced by post-injury earning capacity (often $0 for severe TBI). Vocational economist testimony is standard for any TBI above mild.
Punitive Damages and Insurance Limits
Punitive damages available where defendant was reckless: drunk driver (DUI), commercial trucker violating Federal Motor Carrier Safety Regulations, employer ignoring OSHA. Insurance policy limits often constrain recovery — most auto policies are $25K-$100K; commercial trucking $1M-$5M; product liability policies $5M-$50M. Underinsured/uninsured motorist coverage on plaintiff's own policy can fill the gap. Excess-judgment claims (Stowers doctrine in TX, similar in other states) hold insurers liable for failing to settle within limits.
Sources: CDC TBI Surveillance 2024, Brain Injury Association of America (BIAA) actuarial cost tables, Glasgow Coma Scale (Teasdale & Jennett 1974), AAJ Brain Injury Litigation Group. Last updated: May 2026. Not legal advice.
Frequently Asked Questions
How much is the average TBI settlement?
Mild concussion with full recovery: $30K-$80K. Mild TBI with post-concussion syndrome: $80K-$250K. Moderate TBI: $400K-$1.5M. Severe TBI: $1.5M-$10M+. Catastrophic cases (vegetative state, young plaintiff, clear liability): $10M-$30M+. Policy limits often cap recovery.
What evidence do I need for a mild TBI claim?
ER/CT scans, GCS score, post-concussion symptom diary, neuropsychological testing showing measurable cognitive deficit, employer letters documenting work performance decline. Advanced neuroimaging (DTI, SPECT, qEEG) admissibility varies by state — discuss with attorney.
How does TBI affect work?
Severe TBI: typically 100% disability (Social Security SSDI awarded after 5 months). Moderate: reduced earning capacity 30-60%. Mild with PCS: 10-25% capacity reduction. Vocational expert opinion is required for any work-loss claim above mild concussion.
Are TBI settlements taxable?
Compensation for physical injury (TBI is physical) and related pain & suffering: non-taxable under IRC §104(a)(2). Lost wages: taxable. Punitive damages: taxable. Structured-settlement annuities for future medical care: non-taxable under §104(a)(2).
What is the statute of limitations for TBI?
Personal injury SOL: 1-6 years depending on state (CA = 2, NY = 3, TX = 2, FL = 4). Government-defendant claims (FTCA, state tort claims acts): 6-12 months notice deadline + 2 years to file. Medical-malpractice TBI cases have shorter SOL — typically 2 years from discovery.