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For individuals under the age of 75, half of all traumatic brain injuries are caused by car accidents, bicycles or motorcycle accidents. For those older then 75, most of their brain injuries are caused by slips and falls. Most of the remaining injuries are caused by violence, sports injuries, medical malpractice, firearms and alcohol abuse. The groups at highest risk for brain injury are children ages 0 to 4 years of age and young adults age 15 to 19. Males are also more likely then females to have a brain injury. In the United States there are an estimated 1 million brain-injured people treated in emergency rooms each year.

Traumatic Brain Injury - It is usually caused by severe, physical trauma to a localized area of the brain. Traumatic brain injury occurs when the head is hit hard enough to shake or move the brain within the skull. This is also known as a closed head injury. It can also be caused by a penetrating head injury (ex. bullet) which damages the brain tissue. Traumatic brain injury may result in temporary or permanent brain injury. The symptoms could be severe or mild.

Non-traumatic Brain Injury - is the second type of acquired brain injury. This type of injury is damage to the brain which can result from a wide range of medical conditions. Such conditions include: infection, tumor, stroke, anoxia or meningitis. Each of these conditions can cause deterioration or malfunction of the brain. The result of such conditions could be complete recovery, mild or severe disability or even death.

Factors in Brain Injury Lawsuit Settlements and Compensation

If someone is found to be negligent for your brain injury, compensation will be determined by the type of injury sustained, and the duration and kind of medical treatment you receive. Compensation for a head injury will include pain and suffering, length or recovery, emotional distress and life disruption. Lost income can also be factored into the overall damages recovered. If the brain injury was a result of a car accident, property damages will also be added into the compensation amount.

• Type of injury sustained - If you have a "hard injury", which is one that is detected through a physical exam, you may be able to receive higher damages. If you have a head injury, all information should be documented on your medical file. Symptoms could include: dizziness, nausea, headaches, or loss of consciousness. Permanent disability, disfigurement and scarring can also increase damages.
• Duration of treatment - if you receive treatment for a long time for your injuries this could raise the amount of pain and suffering you experience. Extensive treatment by a physician or at a medical clinic can also be evidence that your injury was severe and raise the level of compensation you will receive. Follow-up visits to the doctor are important and the doctor should document your recovery time in your medical file.
• Kind of medical treatment - determination of compensation will be highest if treatment is received by physicians, medical clinics and hospitals. Other non-traditional treatments such as chiropractors, massage therapists, and acupuncturists will be not be considered as highly for compensation costs.
• Lost Income - Compensation for your injury will include all lost income for the time you were unable to work. It will also include income lost when you were undergoing any special treatment for your injuries. Lost income can be recovered if you are a full-time, a part-time, an hourly or a salaried worker.
• Pain and suffering - Any type of physical discomfort can be added into your compensation amount. This can include sleeplessness, depression, or strains on relationships. All pain and suffering should be documented. If you consult a dietician for stomach pain or a therapist for depression, expenses and medical records need to be maintained.
• Disruption to your life - There are other things that an injury can disrupt that a dollar value may be harder to calculate but can be included in damages. These things could include a missed schooling opportunity, inability to have sexual relations or an event that had to be cancelled (ex. graduation, wedding or vacation). All these disruptions can be included in the final compensation amount.
• Property Loss - If you are injured as a result of someone else's negligence they are not only liable for your personal injuries but also any property loss you experience. Property loss most frequently occurs in a car accident. The loss includes not only the cost of the car but all contents inside as well. Property loss can include loss of personal affects (ex. a ring, clothes, watch) that you were wearing as well.

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