How Much is a Head Injury Claim Worth?

Head trauma is common in many types of accidents, including vehicle crashes, bike collisions, falls, and more. Head trauma can often result in traumatic brain injuries, which are complex injuries that affect each victim in different significant ways. These injuries are costly – physically, emotionally, and financially. It is common for victims to wonder about their legal rights and how much their head injury claim might be worth. 

The value of a claim varies depending on your circumstances and losses. The best way to learn how much you might expect to receive in compensation is to seek a free case evaluation from a West Allis, WI, Personal injury lawyer at Mingo & Yankala, S.C.

Typical Brain Injury Compensation

Brain injuries can have devastating and long-lasting effects on individuals and their families. When these injuries occur due to someone else’s negligence or wrongful actions, seeking compensation becomes crucial to cover medical expenses, rehabilitation, lost wages, and other associated costs. Understanding the typical compensation amounts for brain injuries can provide insight into what individuals may expect in such cases.

The amount of compensation for a brain injury can vary widely based on several key factors, including the following.

Severity of the Injury

The extent of the brain injury plays a significant role in determining compensation. Severe injuries that result in permanent disabilities, cognitive impairments, or a diminished quality of life generally lead to higher settlements. These cases often involve extensive medical treatment, long-term care, and ongoing rehabilitation.

Medical Expenses

Compensation typically includes all past and future medical expenses related to the brain injury. This encompasses hospitalization, surgeries, diagnostic tests, rehabilitation, medication, and specialized equipment.

Lost Wages and Earning Capacity

If the brain injury leads to a temporary or permanent inability to work, compensation may cover lost wages. Additionally, if the injury impacts future earning potential due to reduced cognitive function or physical limitations, this may be factored into the settlement.

Pain and Suffering

This category addresses the physical and emotional pain experienced as a result of the injury. It accounts for the impact on the individual’s daily life, mental health, and overall well-being.

Long-Term Care and Rehabilitation

Brain injuries often necessitate extensive rehabilitation and long-term care. This can include physical therapy, occupational therapy, speech therapy, and specialized care facilities. Compensation aims to cover these ongoing costs.

Emotional Distress and Mental Health Treatment

Beyond physical injuries, brain trauma can lead to emotional distress, anxiety, depression, and other mental health issues. Compensation may be awarded to cover therapy, counseling, and other forms of mental health treatment.

Loss of Enjoyment of Life

When a brain injury limits a person’s ability to engage in activities they once enjoyed, compensation may be provided to address this loss.

Punitive Damages

In cases of extreme negligence or intentional harm, punitive damages may be awarded. These are meant to punish the wrongdoer and deter similar conduct in the future.

Insurance Coverage and Liability

The availability of insurance coverage and the determination of liability can impact the final compensation amount. Skilled legal representation can help navigate these complexities.


Every brain injury case is unique, and compensation amounts can vary widely. Consulting with an experienced brain injury attorney is crucial to understanding the specific factors influencing your potential compensation and ensuring you receive the maximum amount you are entitled to under the law.


Don’t Take Settlement Offers Without a Lawyer

Suffering a brain injury is a life-altering event that can have profound consequences on a person’s physical, emotional, and financial well-being. When faced with the prospect of mounting medical bills, lost wages, and the need for ongoing care, it can be tempting to accept a settlement offer from an insurance company quickly. However, doing so without legal representation can be a grave mistake. You likely do not even realize how much your head injury claim is worth. 


Limited Understanding of Your Rights – Insurance companies are adept at minimizing payouts. Without a lawyer, you may not fully understand the extent of your rights and the potential value of your claim. An experienced attorney can assess the unique circumstances of your case and ensure you receive fair compensation.

Underestimating Long-Term Costs – Brain injuries often require extensive medical treatment, rehabilitation, and long-term care. A lawyer can help estimate the full scope of these costs, including future expenses, and incorporate them into your claim. Accepting a premature settlement could leave you without the resources needed for proper care and recovery.

Pressure to Settle Quickly – Insurance companies may offer swift settlements in the hopes of resolving the case before the full extent of the injury is known. This can be a tactic to limit their liability. A lawyer will advocate for your best interests, ensuring that any settlement offer is fair and takes into account all current and potential future expenses.

Navigating Legal Complexity – Brain injury cases can be legally complex, involving intricate medical evidence and expert testimony. An attorney with experience in these cases can navigate these complexities, building a strong case on your behalf.

Protecting Your Rights – A lawyer will safeguard your rights throughout the legal process. They will handle communications with the insurance company, gather evidence, and negotiate on your behalf. This ensures that you are not taken advantage of during a vulnerable time.

Avoiding Premature Agreements – Settling early may not account for hidden or delayed symptoms that can arise after the initial incident. These can have significant implications for your long-term well-being and ability to work.

Maximizing Compensation – A lawyer’s experience allows them to assess the full value of your claim. They will pursue all avenues of compensation, including medical expenses, lost wages, rehabilitation costs, and pain and suffering.

Contingency Fees – Many personal injury attorneys work on a contingency basis, meaning they only get paid if you receive compensation. This arrangement allows you to seek legal representation without upfront costs, ensuring you have access to experienced advocacy.


In cases of head injuries, where the stakes are high and long-term care is often required, consulting with a qualified personal injury lawyer is paramount. They will fight for your rights, ensure you receive fair compensation, and provide the support needed for your recovery and rehabilitation. Taking settlement offers without legal representation can leave you at a severe disadvantage and jeopardize your future well-being.


Contact an Experienced Wisconsin Personal Injury Attorney Today

If you or a loved one has suffered a brain injury in Wisconsin, seeking the guidance of an experienced attorney is essential. You do not have to simply wonder how much a head injury claim is worth, as our law firm can help. At Mingo & Yankala, S.C., our Personal injury attorneys understand the complexities of such cases and can navigate the legal process on your behalf.

In Wisconsin, laws regarding insurance and personal injury claims, including those related to brain injuries, can be intricate. We have extensive experience in this field and will evaluate your case, gather critical evidence, and build a strong argument to ensure you receive the compensation you deserve.

Moreover, our legal team is familiar with local courts, judges, and insurance companies, providing a distinct advantage in negotiations. We will fight to protect your rights and advocate for your best interests throughout the legal proceedings.

Time is of the essence in personal injury cases, so don’t delay. Contact an experienced Wisconsin Personal Injury Attorney today to get the legal support and representation you need for your recovery and well-being.


Brain Injury FAQs

Can I get compensated for an accidental brain injury?

You can seek compensation for a brain injury in many situations. If the injury was caused by someone else’s negligence or wrongful actions, you have the right to pursue a legal claim. This includes accidents like car crashes, slips, falls, or workplace incidents. Compensation may cover medical expenses, rehabilitation costs, lost wages, and pain and suffering. Consulting a personal injury attorney is crucial to understanding the legal process and maximizing your chances of obtaining fair compensation.

How much money can I get for a brain injury?

The amount of compensation for a brain injury varies widely depending on several factors. These include the severity of the injury, long-term effects, medical expenses, lost wages, and emotional suffering. Severe cases with permanent disability or significant impact on quality of life tend to result in higher settlements. Additionally, factors such as insurance coverage and liability play a role. It’s essential to consult with a qualified attorney who can assess the specifics of your case and provide a more accurate estimate based on the circumstances.

Do I need a lawyer to receive brain injury compensation?

Having legal representation significantly improves your chances of receiving fair compensation. An experienced attorney understands the legal intricacies, can assess the value of your claim, negotiate with insurance companies, and navigate complex court procedures if necessary. They work to protect your rights and ensure you receive the maximum compensation possible. Especially in brain injury cases, where long-term care and rehabilitation costs can be substantial, having a skilled attorney can make a crucial difference in the outcome of your case.