Valuing Brain Injuries in Auto Accident Cases

This page will examine the average settlement value of brain injuries in auto accident cases. Injuries to the brain are usually the most serious type of auto accident injury. The brain is the control center of the human body, so damage to this vital organ can have catastrophic consequences. Auto accidents are the leading cause of damage to the brain, accounting for 40% of all traumatic brain injuries in Maryland.

Anything involving the brain is going to be a high value injury. These cases are almost always going to have a potential value in excess of $100,000. When a brain injury occurs in an auto accident, however, the potential case value will often be limited by the amount of insurance coverage that the at-fault driver has. Most personal auto insurance policies have coverage limits between $50,000 to $100,000 at the most. This means that even if you suffer a massive brain injury that should be worth millions, the potential value of your claim will be limited by the amount of available insurance. Large trucks and commercial vehicles carry much more insurance, often with policy limits of $1 million. The amount of available insurance coverage will always be the primary factor in determining the potential value of a brain injury case.

Factors Impacting the Value of Brain Injury Cases:

As discussed above, the preliminary factor that will often determine the maximum potential value of a brain injury case, is who the defendant is and how much insurance coverage they have. Beyond the amount of available insurance, however, there are a few additional factors that can drive the potential settlement value of brain injury cases.

Severity of Brain Injury

As with any injury case, the most significant factor influencing the potential settlement value is how severe the plaintiff’s brain injury is. The more severe and extensive the damage to the brain is, the more value the case will have.

Permanent Impairments

Brain injuries can often result in major permanent impairments. The brain not only processes thought, but it also controls the movements of muscles in the body. This means that impairments from a brain injury can be both cognitive as well as physical. A traumatic brain injury can result in permanent impairments to a person’s speech or their ability to walk and move normally.

Age of Plaintiff

Brain injuries to young victims have a higher value than older plaintiffs. If a young plaintiff has to live the rest of their life with deficient brain capacity, juries are more likely to return a higher settlement value. Age plays a significant factor in terms of the jury’s sensibilities.