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. In Montana, there were 22,004 car accidents in 2022, some of which resulted in a TBI. Every year, more than 300 Montana residents pass away due to injuries from a TBI, some caused by car accidents. Additionally, 800 more are hospitalized each year.

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, which are unique in each specific situation, such as the extent of medical bills and property damage. However, a TBI attorney can look at the facts of your case to estimate how much you may expect to win 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 will require because of the injury.

Medical Costs

One of the largest categories 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 support a higher 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.

The Level of Fault

Montana’s traumatic brain injury laws operate under a modified comparative negligence system when determining settlements. Therefore, if the injured party is partially at fault for the accident, it may lower their settlement amount.

The presence of clear evidence to show another driver’s negligence, such as a police report, witness statements, or traffic citations, 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.

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 fight 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 Good 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

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 with Bliven Law Firm, P.C., you gain an advocate who can fight for your rights and the compensation you deserve. Contact us today to arrange a consultation.

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