Traumatic Brain Injury (TBI) Settlements in Winston-Salem, NC

tbi settlement

How Much Is Your TBI Case Really Worth?

A traumatic brain injury can change everything in an instant. One moment you’re living your normal life, and the next, you’re dealing with memory problems, headaches, trouble concentrating, and medical bills that keep piling up.

If someone else’s carelessness caused your TBI, you’re probably wondering: “How much compensation can I get?”

At McMinn, Logan & Gray PLLC, we understand the overwhelming nature of brain injuries. We’ve seen how a TBI doesn’t just affect the person who was hurt—it impacts the entire family. That’s why we fight hard to make sure our clients get every dollar they deserve.

General TBI Settlement Ranges in North Carolina

While every case is unique, here’s what we typically see in TBI settlements:

Mild TBI/Concussion Cases:

  • Range: $10,000 to $250,000
  • Average: $50,000 to $100,000

Moderate TBI Cases:

  • Range: $100,000 to $1 million+
  • Average: $252,000 to $850,000

Severe TBI Cases:

  • Range: $1 million to $10 million+
  • Often exceeds $2 million for cases requiring lifetime care

Remember: These are general ranges. Your specific case could be worth more or less, depending on many factors.

What Factors Determine Your TBI Settlement Amount?

1. Severity of Your Brain Injury

The more severe your TBI, the higher your potential settlement. Here’s how doctors typically classify brain injuries:

  • Mild TBI (Concussion): Brief loss of consciousness, confusion, mild symptoms that may last weeks to months
  • Moderate TBI: Loss of consciousness for 30 minutes to 24 hours, significant cognitive problems
  • Severe TBI: Loss of consciousness for more than 24 hours, major cognitive and physical impairments

2. Medical Expenses

All TBI-related medical costs are considered, including:

  • Emergency room visits and hospitalization
  • Brain scans (CT, MRI, PET scans)
  • Neurological evaluations
  • Rehabilitation therapy (physical, occupational, speech)
  • Medications for symptoms
  • Long-term care needs

Important: The lifetime economic cost of TBI, including direct and indirect medical costs, was estimated to be approximately $76.5 billion (in 2010 dollars).

3. Lost Wages and Future Earning Capacity

TBI can affect your ability to work in several ways:

  • Time off work during recovery
  • Reduced work hours or capacity
  • Need to change to a lower-paying job
  • Complete inability to work

We calculate not just what you’ve already lost, but what you’ll lose in the future. For younger patients, this can add hundreds of thousands to a settlement.

4. Pain and Suffering

Brain injuries cause both physical and emotional pain:

  • Chronic headaches and dizziness
  • Memory problems and confusion
  • Personality changes
  • Depression and anxiety
  • Sleep problems
  • Loss of enjoyment of life

These “non-economic” damages often make up the largest part of a TBI settlement.

5. Long-Term Care Needs

Severe TBIs may require:

  • Round-the-clock care
  • Home modifications (ramps, specialized equipment)
  • Ongoing therapy and rehabilitation
  • Specialized transportation
  • Assistive technology

6. Age and Life Expectancy

Younger TBI victims typically receive higher settlements because:

  • They have more years of lost earning capacity
  • They’ll need medical care for longer
  • The injury affects more of their life

What Makes TBI Settlements Different from Other Injuries

Brain injuries are unlike broken bones or cuts. You can’t see them from the outside, but they can completely change who you are. The Centers for Disease Control and Prevention (CDC) reports that there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021—that’s more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day.

The “invisible” nature of brain injuries makes them challenging to prove and value. Insurance companies often try to downplay TBI symptoms, especially when scans look “normal.” But we know better. Even mild brain injuries can cause life-changing symptoms that last for months or years.

Steps to Take After a TBI

If you or a loved one has suffered a brain injury, here’s what you should do:

1. Get Medical Attention Immediately

Even if you feel “okay,” see a doctor right away. Brain injuries can worsen over time, and early treatment is crucial.

2. Follow All Treatment Plans

Don’t skip appointments or stop therapy early. Gaps in treatment can hurt your case.

3. Document Everything

  • Keep a daily journal of symptoms
  • Save all medical records and bills
  • Take photos of any visible injuries
  • Get contact information from witnesses

4. Avoid Social Media

Insurance companies monitor social media. Posts about activities or travel can be used against you.

5. Don’t Sign Anything

Insurance companies may try to get you to sign releases or statements. Don’t sign anything without talking to a lawyer first.

6. Call an Experienced TBI Attorney

Brain injury cases are complex. You need someone who understands the medical and legal issues involved.

Frequently Asked Questions

How long does it take to settle a TBI case?

TBI cases can take anywhere from several months to several years to resolve. The timeline depends on the severity of your injury, how long it takes you to reach maximum medical improvement, and whether we can negotiate a fair settlement or need to go to trial.

What if my TBI symptoms get worse over time?

This is common with brain injuries. That’s why it’s important not to settle too quickly. We typically wait until you’ve reached “maximum medical improvement” before considering settlement, so we can account for any worsening symptoms.

Can I still get compensation if I can’t prove exactly how my brain injury happened?

Yes, but it’s more challenging. We work with accident reconstruction experts and medical professionals to piece together what happened and prove that your injury was caused by the accident, not pre-existing conditions.

What if the person who hurt me doesn’t have insurance?

We explore all possible sources of compensation, including your own uninsured motorist coverage, workers’ compensation, premises liability insurance, and other parties who might be responsible.

How much does it cost to hire a brain injury lawyer?

Nothing upfront. We work on a contingency fee basis, which means we only get paid if we win your case. Our fee comes from the settlement or verdict, not from your pocket.

Your Future Depends on the Right Legal Team

A traumatic brain injury is one of the most serious injuries you can suffer. It deserves serious legal representation. At McMinn, Logan & Gray PLLC, we don’t just handle TBI cases—we understand them. We know the medical complexities, the insurance tactics, and the legal strategies that win.

You’re already dealing with enough. Let us handle the legal fight so you can focus on your recovery.

Don’t let insurance companies decide what your brain injury is worth. Contact McMinn, Logan & Gray PLLC today for a free consultation.

Call us or schedule your consultation online. We’re here to fight for the compensation you deserve and the future you’ve lost. Your recovery is our priority—and your story matters.

Author Bio

Derek M. Gray

Derek Gray is a Partner of McMinn, Logan & Gray, a North Carolina criminal defense law firm. With more than 15 years of experience in criminal defense, he has zealously represented clients in various legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Derek received his Juris Doctor from the North Carolina Central School of Law in 2007 and is a member of the North Carolina State Bar Association. With his experience as a former Assistant District Attorney, he has represented more than 1,000 criminal defense clients in North Carolina and received more than 100 5-star Google ratings.

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