What damages can I claim for a TBI in the United States?
TBI claims include medical expenses (past and future), lost wages (past and future earning capacity), non-economic damages (pain, suffering, loss of enjoyment of life, emotional distress), future care costs, household services, and sometimes punitive damages if the defendant was grossly negligent. Severe TBI verdicts frequently exceed $5–10 million.
Are there caps on TBI damages?
About 30 states cap non-economic damages. California's MICRA cap (medical malpractice) was raised to $350,000 in 2023, increasing annually. Texas caps non-economic damages in medical malpractice at $250,000 per defendant. Auto accident and premises liability cases have different (usually higher or no) caps. Economic damages are rarely capped.
What experts do I need for a TBI case?
Neurologist or neurosurgeon (diagnosis and prognosis), neuropsychologist (cognitive testing), life care planner (future care costs), vocational expert (earning capacity loss), and economist (present value calculations). For severe TBI, you may also need a physiatrist, psychiatrist, and occupational therapist. The strength of your expert team drives the settlement value.