Traumatic Brain Injury Calculator
Estimate the potential value of your car accident claim using the same methodology insurance adjusters use. Enter your details below for an instant, free estimate.
Estimate the potential value of your car accident claim using the same methodology insurance adjusters use. Enter your details below for an instant, free estimate.
Enter your accident details for a personalized estimate
Traumatic Brain Injuries (TBIs), ranging from mild concussions to severe diffuse axonal injuries, yield some of the highest settlement values in civil litigation. The primary driver of value is not just the immediate hospital bill, but the devastating loss of cognitive function.
A neuro-psychological evaluation is critical. Damages include loss of future earning capacity, long-term cognitive rehabilitation, and profound loss of consortium or enjoyment of life. Because TBIs are 'invisible' on surface scans, insurance companies initially lowball these claims.
Each state has unique laws that affect settlement calculations. Here's how the major population states compare:
Texas follows a modified comparative fault system with a 51% bar. If you're 51% or more at fault, you recover nothing. Texas has no caps on non-economic damages in personal injury cases, and the statute of limitations is 2 years from the accident date. Texas TxDOT crash data shows over 500,000 crashes annually, making this a critical resource for Texas drivers.
California uses a pure comparative fault system — you can recover damages even at 99% fault, reduced by your percentage. California has a 2-year statute of limitations and no caps on general damages in personal injury cases. California DMV requires minimum liability coverage of $15,000/$30,000/$5,000.
Florida switched to a modified comparative fault system in 2023 with a 51% bar. Florida is a no-fault state requiring Personal Injury Protection (PIP) coverage. The statute of limitations is 2 years. Florida DHSMV reports over 400,000 crashes annually.
Georgia follows a modified comparative fault system with a 50% bar — stricter than most states. If you're 50% or more at fault, you cannot recover. Georgia's 2-year statute of limitations and $25,000 minimum liability coverage make timely filing essential.
The average car accident settlement ranges from $15,000 to $28,000 for minor injuries. Settlements involving serious injuries like broken bones average $50,000–$100,000, while catastrophic injuries (spinal cord damage, severe TBI) can exceed $500,000. Property-damage-only claims without injuries typically settle for $3,000–$10,000. These figures vary significantly depending on your state, the severity of injuries, available insurance coverage, and whether you have legal representation.
Generally, no. Initial settlement offers from insurance companies are typically 30-50% lower than the claim's actual value. Insurance adjusters are trained to minimize payouts. Counter-offering is expected and normal in the process. However, you should wait until you've reached maximum medical improvement (MMI) before settling, as accepting early may mean you can't recover costs for future treatment. Use this calculator to understand your claim's potential range before responding to any offer.
The statute of limitations varies by state. Most states allow 2-3 years from the accident date to file a personal injury lawsuit. However, some states like Kentucky and Louisiana have just 1 year. It's important to note that the insurance claim process should begin immediately — even though the lawsuit deadline may be years away, evidence degrades with time. Report the accident promptly and document everything.
Your recovery depends on your state's fault system. In pure comparative fault states (CA, NY, FL pre-2023), you can recover damages reduced by your fault percentage. In modified comparative fault states (TX, OH, most states), you can recover only if your fault is below 50% or 51%. In contributory negligence states (VA, MD, NC, AL, DC), any fault on your part bars recovery entirely. Our calculator adjusts for these rules based on your selected state.
Under IRS Section 104(a)(2), compensation for physical injuries is generally not taxable. However, punitive damages are always taxable. Lost wage compensation may be subject to income tax. Emotional distress damages are taxable unless they stem from physical injury. Interest on delayed settlements is also taxable income. Use our Settlement Tax Calculator for a personalized estimate.
Our suite of free calculators covers every aspect of accident settlements, insurance, and financial planning.
15+ years practicing personal injury law. Former insurance defense attorney turned plaintiff's advocate. Member of the American Association for Justice. Robert ensures that all our calculators meet the highest standard of legal accuracy.