Why TBI Settlements Are Higher Than You Think

When most people hear the term traumatic brain injury (TBI), they picture a concussion, some rest, and maybe a few doctor visits. But the reality? A TBI is one of the most costly injuries you can sustain—medically, financially, and functionally.

If you’re researching TBI settlements because you or someone you care about has been diagnosed, here’s the truth: you’re not just dealing with a claim, you’re dealing with the long-term financial future of your entire household. And that’s exactly why these settlements are often far higher than people assume.

Below, we break down why.

The Real Cost of a TBI Is Measured in Years, Not Days

A mild TBI (like a concussion) may resolve in weeks or months. But moderate to severe TBIs often lead to years—or a lifetime—of:

• Cognitive challenges (memory, attention, executive function)
• Mood or behavioral changes
• Difficulty with speech, vision, or balance
• Full or partial disability

Between 2013 and 2018, the average cost for a workers’ compensation claim involving a TBI was around $136,000. That’s more than double the cost of an average lost-time claim. But in many cases, the costs go far beyond that. About 1 in 40 TBI claims end up costing over $1 million, and the most extreme cases can reach $10 million or more.

So, where does all that money go?

• Hospital stays are a major factor. People with TBIs often need to be admitted for extended periods—sometimes 30 days or more—especially if they’ve fallen into a coma or need life support.
• Scans and surgeries can add up quickly. CT scans of the head and neck are commonly ordered right away, and a significant number of patients need surgery.
• Therapy and rehab play a big role, too. Physical, occupational, and cognitive therapies are often needed to help the person relearn basic skills.
• Ongoing medication is common. Over time, the cost of drugs like anticonvulsants, antidepressants, and even Botox (used to treat muscle stiffness and chronic headaches) can pile up.
• Long-term care becomes essential. After the first year, many TBI patients rely heavily on services like home healthcare, transportation, and other support that continues indefinitely.

And it’s not just about medical treatment. TBIs often lead to lasting issues with memory, mood, and behavior, making it difficult or impossible to return to work or live independently.

In short, a TBI can change everything. The numbers don’t just reflect medical bills—they reflect the profound and ongoing support many people need just to make it through each day.

Why TBI Settlements Trend Higher Than Other Injury Types

1. Future Damages Aren’t a Maybe—They’re a Certainty

Most personal injury claims focus on immediate medical bills. With TBIs, the equation changes. Settlements include projected future costs such as:

• Ongoing cognitive therapy
• Behavioral support
• In-home health assistance
• Adaptive equipment (wheelchair-accessible vehicles, speech devices)
• Lost lifetime earnings and benefits

When these future damages are documented with expert reports, neuropsychologists, life care planners, and vocational economists, settlements can climb into six- and seven-figure territory.

2. Juries Take Brain Injuries Seriously

Injury cases that go to trial involving TBIs often receive greater jury sympathy, not from emotion, but from documented evidence.

Jurors can see the medical scans. They can hear expert witnesses describe how the injury affects impulse control, language processing, or emotional regulation. And they often relate more deeply to these changes than, say, a fractured leg.

That risk of a high jury award makes insurance carriers more motivated to settle pre-trial, often at a premium.

3. Even “Mild” TBIs Can Have Serious Settlement Value

Concussions often get brushed off. But if symptoms persist beyond 6–8 weeks, what’s known as post-concussion syndrome, the condition is taken seriously under Illinois law.

The settlement for a “mild” TBI that leads to months of headaches, light sensitivity, and cognitive fog can still include:

• Neurology consults
• Physical therapy
• Cognitive rehab
• Time off work
• Pain and suffering

In Central Illinois alone, it’s not uncommon for concussion-based claims to settle between a few thousand and millions of dollars, depending on how well-documented the impact is.

Common Causes of TBI Claims We See at Onward Injury Law

At our offices in Bloomington, Decatur, Lincoln, Sullivan, Monticello, Pontiac, Shelbyville, Springfield, and Ottawa, TBI cases most often arise from:

• Motor vehicle collisions (especially rear-end or rollover crashes)
• Falls on unsafe premises
• Construction site accidents
• Sports or recreational impacts
• Commercial trucking wrecks

In these cases, early diagnostic imaging (CT/MRI), along with medical notes confirming changes in personality, processing speed, or coordination, will significantly boost the value of a settlement.

How TBI Settlements Are Calculated

There’s no universal chart—but here’s what the insurance companies and courts evaluate:

Category	Description
Medical Expenses	ER visits, neurology, imaging, rehab, therapy
Future Care Needs	Home health, residential programs, lifetime support
Lost Wages	Missed time at work due to treatment
Lost Earning Capacity	Career impact, job loss, inability to return to prior profession
Non-Economic Damages	Pain, cognitive changes, loss of enjoyment of life
Punitive Damages (rare)	Only in extreme negligence or recklessness cases

$3.5 Million for a Tree-Related TBI in Chicago

In a recent Chicago case, a man suffered a traumatic brain injury after a dead tree, previously reported through multiple 311 service calls, fell and struck him. The incident occurred on a residential street where neighbors had flagged the danger months earlier. Despite those warnings, the city failed to act. The tree came down while the man was checking his car battery.

He spent weeks hospitalized, including time in a medically induced coma. Although he eventually returned to work, he continues to deal with long-term effects, including cognitive difficulties and a seizure disorder.

This case underscores a few critical points:

• You don’t have to be visibly disabled to secure a high-value settlement.
  The man can still walk and hold a job, but his injury affects how he functions day to day.
• Documented negligence drives case value.
  The city had multiple prior warnings about the danger—and failed to address them.
• Preventable harm increases exposure.
  When an injury could have been avoided through basic follow-up or maintenance, juries and insurers tend to respond strongly.

This wasn’t the largest TBI settlement in Illinois history, but it reinforces a key truth: Brain injuries don’t need to be catastrophic to warrant substantial compensation, especially when the long-term fallout disrupts how a person thinks, lives, or works.

Why Legal Strategy Matters in TBI Settlements

TBI cases are evidence-heavy and expert-driven. It’s not enough to prove that an accident occurred. You must prove:

• That the TBI was diagnosed and properly classified
• That the injury affects your ability to function
• That those limitations translate into long-term damages
• That the timeline of care and symptoms supports causation

At Onward Injury Law, we don’t rush settlements just to check a box. We build a structured damages story around:

• Neuroscience and radiology records
• Statements from treating providers
• Functional assessments from occupational therapists
• Expert reports projecting future financial impact

This is how six- and seven-figure settlements are justified—and defended.

Don’t Undervalue a TBI Claim in Illinois

Insurance companies often lowball initial offers for TBI settlements, especially when symptoms seem subtle or slow to appear. But these injuries rarely resolve cleanly, and failing to account for the long game can cost tens—or hundreds—of thousands.

Before you accept any settlement, speak to a legal team that knows how to document the damage, forecast the future, and negotiate for what’s fair.

Onward Injury Law is here to help.

Schedule a free consultation at any of our Central Illinois locations to discuss your case.

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