Average Traumatic Brain Injury Settlement in Car Accident Cases in Montana (2025)

Traumatic brain injuries (TBI) sustained in car accidents can have devastating consequences for victims, often resulting in long-term physical and financial challenges. While every case is unique, understanding the factors that affect the average traumatic brain injury settlement in car accident cases in Montana can help victims and their families navigate the legal process with greater confidence.

Montana law takes the complex nature of TBI claims into account, and settlements often reflect not just the medical costs but also the long-term consequences of these injuries.

Understanding Traumatic Brain Injury Settlements in Montana Car Accident Cases

Car accidents sometimes only result in property damage. Other times, they cause serious injury, including traumatic brain injuries. Between 2020 and 2024, Montana DPHHS reported 24,165 TBIs among Montanans, including 2,048 fatalities, 3,872 hospital admissions, and 18,245 emergency room visits. At 11.5 per 100,000 people, unintentional motor vehicle traffic crashes were the second most common cause of TBI hospitalizations.

It can be difficult to pinpoint an average amount for a traumatic brain injury settlement in car accident cases, as each case depends on many variables. These variables are unique in each specific situation, such as the extent of medical bills and property damage. A TBI attorney can look at the facts of your case to estimate how much you can expect to recover in a settlement, based on these factors.

The Severity of the Injury

One of the most significant factors in determining a TBI settlement amount is the severity of the injury. Traumatic brain injuries can range from mild concussions to severe cases that result in long-term cognitive impairments, memory loss, speech difficulties, and even permanent disability.

While a mild TBI may seem less serious, it is important to note that even a concussion can cause lasting symptoms, such as headaches, dizziness, or emotional changes. The more severe and permanent the injury is, the higher the settlement is likely to be. This is because the compensation must cover the ongoing medical care, rehabilitation, and life adjustments that the victim may require because of the injury.

Medical Costs

One of the largest factors in any TBI settlement is the cost of medical care. This consists of emergency treatment, hospital stays, surgeries, medications, and follow-up care. The cost of rehabilitation (including physical, occupational, speech, and neuropsychological therapy) can become a significant part of a claim. Documentation of all medical treatment and ongoing care needs can bolster the claim and necessitate a higher settlement value.

Impacts on Income and Future Earning Capacity

An injury to the brain typically also interferes with a victim’s ability to work, either temporarily or permanently. Compensation is calculated based on lost wages as well as the injury’s potential to affect a person’s earning capacity in the future.

If a TBI prohibits a victim from ever returning to their chosen field of employment, a settlement may address vocational rehabilitation, retraining costs, and a decrease in earning potential for the rest of their lives. The greater an injury is to a person’s career, the greater its impact on a settlement.

Determining Fault When Both Drivers Were Partially at Fault

Fault impacts recovery in Montana personal injury cases because Montana follows a modified comparative negligence standard under Montana Code Annotated § 27-1-702. Victims can typically pursue compensation even when someone else was partially at fault for causing their crash.

A victim can typically recover less money if that person was negligent because their award is reduced by their percentage of fault. An injured person cannot recover damages if that party was more negligent than the defendant or all defendants combined.

Understanding Fault and Proving Negligence

Proving negligence is often necessary to show that another driver is legally responsible for causing a traumatic brain injury during a Montana car accident. This typically requires evidence that someone else behaved unreasonably and that this conduct led to the crash and injuries. Common forms of negligence that may lead to a collision are listed below:

• Driving too fast for conditions
• Tailgating, driving distracted
• Failing to yield
• Running a stoplight or red light
• Changing lanes without signaling
• Driving under the influence of drugs or alcohol

Negligence must typically be proven by proving certain elements. These include proving that the other person owed a duty of care to anyone on the road, breached that duty by driving unsafely, caused a collision and injury by breaching that duty, and caused compensable damages.

The presence of clear evidence to show another driver’s negligence can solidify Montana car accident cases for a settlement. The more indisputable the other party’s fault is, the more leverage one has for a higher payout. Some examples of evidence that may help prove these elements are listed below:

• Police reports
• Eyewitness statements
• Photo and video evidence
• Confessions by the at-fault driver
• Medical records
• Statements from doctors

Investigators may need to examine road conditions, lines of sight, traffic signals, and other factors along a Montana roadway near Kalispell if weather conditions or the particular crash location contributed to the crash. Collisions on U.S. Highway 93, U.S. Highway 2, or other busy roads in the Flathead Valley area may involve multiple vehicles and contradictory statements from the involved parties.

Proving the Accident Caused the TBI

In addition to proving fault for the accident, a brain injury victim may need to establish that the crash caused the TBI and any related losses. This could become complicated if symptoms did not appear right away. Someone with a concussion or other TBI may leave the scene of a crash and not experience any symptoms, such as headaches or dizziness, until hours or days later.

Medical records can often establish when symptoms began, what tests were performed, and what treatment was recommended. Records can also show whether medical professionals believe the accident caused the TBI. Medical records from before and after the accident may clarify whether a crash caused a new injury or worsened a preexisting condition.

When to Hire a Traumatic Brain Injury Lawyer

Traumatic brain injuries are serious injuries that often require care beyond what insurance companies may admit is necessary. You should consider talking to a personal injury attorney after any accident injury. This is especially true if the accident resulted in a TBI and you experienced any of the following circumstances:

• Recovery from your injury required hospitalization.
• Treatment for your injury requires ongoing care.
• Your injury prevented you from working.
• Your injury resulted in significant medical bills.
• The doctors suspect long-term disabilities or difficulties.
• Someone else was partially or completely at fault for the accident.
• You are experiencing difficulties with the insurance company.

Legal counsel can be particularly beneficial when multiple vehicles and drivers were involved. Consequently, a Montana TBI attorney can also be helpful when there are multiple insurance policies that may provide coverage or when someone suffers from limitations that prevent them from independently filing a claim or dealing with insurance companies.

Montana Statute of Limitations

Under Montana Code Annotated §  27-2-204, you generally have three years to file a personal injury claim in Montana. However, there are exceptions and other deadlines that may apply. Waiting until the deadline approaches can create pressure to accept a lower settlement offer. Additionally, evidence may be lost or unavailable after a certain period.

What an Attorney Can Do for an Injured Person

Accidents that result in TBIs must be investigated. An attorney often obtains available crash evidence, talks to insurance companies, reviews insurance policies, and works to dispute allegations of shared fault.

The lawyer can then gather medical records that show how the TBI progressed from initial treatment through rehabilitation and ongoing care. Obtaining records from the police, hospitals, and injury victims themselves requires knowledge of how these entities work. Legal counsel can use this evidence to calculate losses that may continue after a settlement, such as future lost income and medications.

Avoiding a Low Settlement Based on an Early Recovery

One concern with Montana traumatic brain injury claims is that insurance companies may try to settle the case before the injured person’s full recovery span is known. Someone could miss just a few days of work and then find out later they are unable to perform the same job due to their recovery.

Additionally, with brain injuries, some concerns may not arise until later since they are not as evident as external injuries. Once a victim signs a release after settling a personal injury claim, they cannot seek additional compensation from that person’s insurer just because damages were underestimated or became worse.

An attorney can review medical records and often consult with doctors to determine if the victim’s condition has improved enough to understand future medical needs. A qualified lawyer can calculate already incurred losses and assess the insurer’s offer before their client decides to settle.

Calculating the Value of Your Montana Brain Injury Claim

An attorney doesn’t just put a number on your TBI diagnosis. Instead, they use evidence to document how the injury affects your life. This could involve gathering types of evidence like those listed below:

• Medical bills
• Lost wages
• Costs of rehabilitation
• Medications
• Emergency room visits
• Loss of future earning potential

Your TBI attorney can gather evidence that shows how the TBI changed your ability to function. These injuries can impact a person’s ability to drive, work, and go to school. Tasks that were once routine can become difficult when one is suffering from brain problems.

Your lawyer can use this information to negotiate with the insurance company if needed. If the insurer denies liability, causation, or negligence, and a settlement cannot be reached, your lawyer can file a legal claim and go to trial if necessary.

Trying a personal injury claim requires obtaining testimony from witnesses and professionals, taking depositions, and preparing evidence for presentation in court. Someone suffering from long-term consequences of a TBI needs to show proof of how their life has changed. This evidence is just as important as evidence concerning how the accident happened.

About Bliven Law Firm, P.C.

Bliven Law Firm, P.C., has been representing individuals, families, and small businesses throughout Montana and Oregon for over 35 years. Whether you are a resident of the greater Flathead Valley area or elsewhere in Montana or Oregon, our team can advocate for your rights in personal injury, workers’ compensation, and other civil matters. Located just steps from the Flathead County Courthouse, we can represent your interests.

FAQs

How Much Compensation Do You Get for a Traumatic Brain Injury?

The amount of compensation you can get for a traumatic brain injury varies, based on:

• The seriousness of the injury
• The medical treatment required
• The need for ongoing long-term care
• The loss of income
• How the injury has affected your ability to lead your normal day-to-day life

Claims that involve permanent cognitive or physical impairments usually result in higher settlements.

How Can a Traumatic Brain Injury Be Caused by a Vehicular Accident?

A traumatic brain injury caused by a car accident can happen when a motor vehicle collision leads to the brain hitting the skull. It can also occur when a penetrating wound causes an injury to the brain. Even in the absence of an obvious head injury, rapid acceleration or deceleration can damage the delicate tissues of the brain. Car accidents are a common cause of concussions, contusions, diffuse axonal injuries, and bleeding in the brain.

What Is a Fair Settlement Offer for a TBI?

An adequate settlement offer for a traumatic brain injury is one that accurately compensates you for your:

• Past and future medical treatment and rehabilitation
• Lost wages
• Decreased earning capacity
• Non-economic damages, such as pain and suffering, and loss of enjoyment of life

Because the consequences of a TBI can extend into the future, it is especially important that a fair settlement offer fully considers the actual long-term impact of the injury, rather than just its immediate medical expenses.

What Is the Average Payout for a Traumatic Brain Injury?

There is no hard average payout for a traumatic brain injury. The cost of a TBI will depend on a variety of factors, including:

• The extent of your injuries
• Your level of fault
• The amount of negligence by the other party
• How it affects your life, such as how it impacts your income and future earning potential
• Emotional effects, such as depression and PTSD

Hire a Car Accident Lawyer With Local Experience in Montana Personal Injury Claims

Suffering a brain injury from a car accident is a serious matter. However, it is not a situation you have to face alone. When you hire a car accident lawyer from Bliven Law Firm, P.C., you gain an advocate who can protect your rights and strive to get you the compensation you deserve. Contact us to arrange a consultation.

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