Written by Maurice Davis
A traumatic brain injury (TBI) can affect your ability to work, remember information, manage daily tasks, and live independently. If your injury or a loved one’s injury resulted from a car accident or fall, you may be wondering how much compensation a claim could provide.
There is no standard traumatic brain injury settlement amount in Michigan. The value depends on the severity of the injury, its long-term effects, the cost of future care, lost income, and available insurance coverage. A Detroit traumatic brain injury lawyer can evaluate the evidence and help you understand what compensation may be available.
What Determines a Traumatic Brain Injury Settlement in Michigan?
A brain injury settlement should account for both current losses and the effects the injury may have in the future. Someone with a serious TBI may need lifelong supervision, rehabilitation, or help with everyday activities. Even a person who appears physically recovered may experience memory problems, difficulty concentrating, or changes in behavior that affect employment and relationships.
Several factors influence the value of a claim:
- Severity and lasting effects: The injury’s impact on memory, reasoning, mobility, and independence can affect the compensation sought.
- Medical and rehabilitation expenses: Emergency treatment, therapy, medication, and future care may be included in the claim.
- Lost income and earning capacity: An inability to return to work or to perform the same job can result in substantial financial losses.
- Pain and suffering: Qualifying claims may include compensation for physical pain and for the injury’s effects on daily life.
- Liability and insurance: Evidence of fault, available coverage, and applicable legal limits affect the amount of compensation that may be recoverable.
Medical records, expert opinions, employment history, and documented care needs help establish these losses. The goal is to calculate the compensation supported by the evidence, rather than rely on a generic settlement average.
The Two Types of Claims After a Michigan Car Accident
After a car accident causes a brain injury, an injured person may have a claim for personal injury protection (PIP) benefits under Michigan’s no-fault system and a separate claim against an at-fault driver. These claims serve different purposes.
No-Fault PIP Benefits
PIP benefits can cover eligible medical expenses and certain other losses regardless of who caused the crash. Depending on the policy, applicable law, and medical necessity, benefits may include neurological rehabilitation, cognitive therapy, attendant care, and other treatment.
Attendant care covers qualifying assistance with personal needs or supervision. Michigan law generally limits insurer-paid attendant care provided by family members and certain other individuals to 56 hours per week for people subject to the restriction. Care logs documenting the time spent and tasks performed can help establish the services provided.
PIP may also provide wage-loss benefits for up to three years after the accident, subject to statutory limits and eligibility requirements. Medical benefits depend on the applicable coverage and payment rules.
A Claim Against the At-Fault Driver
A separate claim against the driver may seek compensation for losses not covered by PIP, including pain and suffering when Michigan’s legal requirements are met.
For noneconomic damages, Michigan generally requires a serious impairment of body function, permanent serious disfigurement, or death. A serious impairment must affect an important body function and the person’s general ability to lead their normal life. Medical records showing how cognitive difficulties interfere with work, relationships, or self-care can help establish the injury’s impact.
A qualifying claim may also seek certain excess medical expenses and lost income that PIP does not cover. The available damages depend on the facts, the applicable law, and the insurance coverage.
How Medical Evidence Affects Brain Injury Settlement Value
Medical evidence helps establish the diagnosis, explain the injury’s effects, and estimate future care needs. A settlement evaluation may include:
- CT scans and MRI results: These can identify certain structural injuries, bleeding, or other abnormalities.
- Neuropsychological testing: These assessments measure cognitive functions such as memory, attention, and reasoning.
- Treatment records: Notes from physicians and therapists can document symptoms, progress, limitations, and recommended care.
- Medical expert opinions: Treating physicians and other qualified experts can explain the likely long-term effects of the injury.
- Life care plans: These assessments estimate future treatment, support services, equipment, and related costs.
The evidence must be considered together. Imaging findings can support a diagnosis, but normal routine imaging does not necessarily rule out a concussion or persistent symptoms.
Can You Get a Settlement for a Mild TBI or Concussion?
Yes. A concussion may support a personal injury claim even when a CT scan or MRI does not show an obvious abnormality. Persistent headaches, dizziness, memory problems, and difficulty concentrating can affect someone’s ability to work or manage daily responsibilities.
Medical records documenting these symptoms, neuropsychological testing when appropriate, and observations from family members can help demonstrate the injury’s effects. Earlier medical records may also help distinguish accident-related symptoms from preexisting conditions.
A concussion settlement depends on evidence of the injury, the responsible party’s liability, and the resulting losses. The diagnosis alone does not determine the claim’s value.
Calculating Medical Expenses and Lost Earning Capacity
The financial impact of a brain injury may extend well beyond the initial hospital stay. Some people need months of rehabilitation, while others require ongoing assistance or specialized treatment.
A claim may include documented expenses for emergency care, hospitalization, medication, rehabilitation, and future treatment. When an injured person needs continuing supervision or assistance, medical recommendations and a life care plan can help estimate those costs over time.
Lost income is another important consideration. If cognitive limitations prevent someone from returning to their previous position, a vocational expert may assess the types of work they can still perform. Economic experts can use that information to estimate lost earning capacity, including future wages and benefits.
Household services also require careful evaluation. Replacement services for ordinary household tasks are subject to rules that differ from those governing medically necessary attendant care. Keeping records of the tasks performed, time spent, and services recommended can help clarify the losses involved.
Factors That Can Increase or Reduce a TBI Settlement
Even when the injury is severe, the final amount depends on more than medical costs. Liability disputes, insurance limits, and the strength of the evidence can affect recovery.
Insurance Policy Limits and Underinsured Motorist Coverage
An at-fault driver’s liability coverage may be insufficient to cover the full cost of a serious brain injury. Your own auto insurance policy may include underinsured motorist coverage, which can provide additional compensation, depending on its terms.
Before settling with an at-fault driver, it is important to review other applicable policies and any notice or consent requirements. A settlement that overlooks available coverage could affect the ability to pursue additional compensation.
Comparative Fault
Michigan’s comparative fault rules can reduce damages based on the injured person’s share of responsibility. Under MCL 600.2959, a person’s percentage of fault generally reduces recoverable damages. The statute also restricts noneconomic damages when the injured person’s fault exceeds the combined fault of the other parties.
Separate rules apply to Michigan auto accident claims, including restrictions on recovering non-economic damages when the injured person’s fault exceeds 50%. The applicable rules depend on the type of claim.
When a brain injury affects someone’s memory of the accident, witness accounts, photographs, video, and other evidence can help establish what happened and address disputed allegations of fault.
Evidence of Negligence
You must establish a legal basis for holding another party responsible. In a car accident, relevant evidence may include police reports, witness statements, photographs, and crash reconstruction findings. In a fall, photographs of the hazard, incident reports, and records showing what the property owner knew about the condition may help establish liability.
Strong evidence linking the defendant’s conduct to the injury can make it easier to evaluate the claim and respond to insurer disputes.
How Long Does a Michigan Brain Injury Settlement Take?
A serious brain injury claim may take months or years to resolve, depending on the person’s recovery, the complexity of the evidence, and whether liability is disputed.
Doctors may need time to determine whether symptoms are likely to improve or cause lasting limitations. Settling before there is a reliable prognosis can make it difficult to account for future treatment, supervision, and lost earning capacity.
Michigan also has separate deadlines for no-fault benefits and injury lawsuits. Under MCL 500.3145, a lawsuit for PIP benefits generally must be filed within one year of the accident, subject to statutory exceptions involving notice, payment, and the expenses claimed. A separate three-year limitations period generally applies to many personal injury lawsuits under MCL 600.5805, although exceptions may apply.
Managing a Settlement for Someone With a Lasting Brain Injury
A brain injury may affect a person’s ability to make financial decisions or manage a large settlement. When that happens, the family may need to consider how the funds will be protected and used for future care.
A structured settlement can provide payments over time rather than a single lump sum. A properly established special needs trust may help preserve eligibility for certain means-tested public benefits, depending on the trust’s terms and applicable rules.
In some cases, a probate court may need to approve a settlement or appoint a conservator to manage the injured person’s finances. The appropriate arrangement depends on the person’s legal capacity, existing planning documents, and financial circumstances. Families should also consider the tax implications of settlement components and consult a qualified tax professional when necessary.
Michigan Traumatic Brain Injury Settlement FAQs
What is the average traumatic brain injury settlement in Michigan?
There is no reliable average that predicts the value of an individual Michigan TBI claim. Settlement value depends on the injury’s lasting effects, medical and financial losses, evidence of liability, and available insurance.
Does Michigan no-fault insurance cover brain injury treatment?
Eligible crash victims may receive PIP benefits for covered and reasonably necessary treatment, subject to applicable coverage limits and payment rules. Other benefits may include qualifying attendant care and wage loss.
Can I receive compensation for a concussion?
Yes, if another party is legally responsible and the concussion causes documented losses. A claim may include medical expenses and other recoverable damages. Pain and suffering in an auto accident case generally requires meeting Michigan’s applicable legal threshold.
Is a brain injury settlement taxable?
Compensation for personal physical injuries is generally excluded from federal taxable income, subject to exceptions. Interest and certain other settlement components may be taxable, so a tax professional can help evaluate the specific agreement.
H3: What is a life care plan?
A life care plan estimates the future medical treatment, rehabilitation, equipment, and support services an injured person may need. It can help establish the projected cost of care when negotiating a settlement.
Talk to a Michigan Brain Injury Lawyer About Your Claim
A traumatic brain injury can create expenses and limitations that continue long after the initial accident. A settlement should account for documented losses, the need for future care, and the effect of the injury on your ability to work and live independently.
Davis Injury Lawyers can review the medical evidence, evaluate available insurance, and help you pursue compensation supported by your claim. Call attorney Maurice Davis at (313) 462-7979 or contact us online for a free consultation.