What’s Behind TBI Settlements in Tennessee? More Than Just Numbers

A traumatic brain injury (TBI) doesn’t just change lives in an instant—it transforms financial futures for decades to come. When someone suffers this catastrophic injury due to another’s negligence, the settlement they receive isn’t just compensation—it’s their lifeline to managing astronomical lifetime costs.

At The Higgins Firm, we understand that behind every TBI case is a person facing life changes and overwhelming uncertainties. While many websites offer generic settlement calculators or national averages, the reality of TBI settlements is much more nuanced, especially here in Tennessee.

The Scope and Severity of Traumatic Brain Injuries

According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury is caused by an outside force—a forceful bump, blow, or jolt to the head that disrupts normal brain function. TBIs range from mild concussions to severe injuries causing permanent disability or death.

The Centers for Disease Control reports that TBIs contribute to approximately 30% of all injury deaths. Among those who survive, effects can include impaired:

• Thinking and memory
• Movement and sensation
• Emotional functioning
• Language processing
• Personality changes

These impacts don’t just affect quality of life—they dramatically increase lifetime care costs, which directly influences settlement values.

The Economic Impact of Traumatic Brain Injuries

To understand settlement values, we must first comprehend the true financial burden of TBIs. Recent research from the CDC reveals that the 2019 cost of injury in the United States was $4.2 trillion, with TBIs representing a significant portion of these costs.

According to a 2021 study published in Medical Care, the estimated healthcare cost attributable to non-fatal TBIs in the United States was $40.6 billion in a single year. Breaking down these costs by severity:

• Low severity TBIs: $4,295 per patient with private insurance
• Middle severity TBIs: $9,350 per patient with private insurance
• High severity TBIs: $34,703 per patient with private insurance

For Medicare patients, these costs were even higher:

• Low severity: $19,445
• Middle severity: $36,149
• High severity: $46,653

Importantly, these figures only represent direct medical costs for a single year—not lifetime care, lost wages, pain and suffering, or decreased quality of life.

Factors That Influence TBI Settlement Values in Tennessee

Settlement values for traumatic brain injury cases in Tennessee vary widely based on several critical factors:

1. Injury Severity and Classification

Medical classification significantly impacts settlement values:

• Mild TBIs: Often result in shorter recovery periods but can still cause significant disruption
• Moderate TBIs: May require extended rehabilitation and result in some permanent impairments
• Severe TBIs: Often result in permanent disability requiring lifelong care

According to the Journal of Spinal Cord Medicine, healthcare costs alone for high-severity TBIs can exceed $46,000 per year for Medicare patients—not including home modifications, specialized transportation, or assistive technology.

2. Long-Term Prognosis and Life Expectancy

A 25-year-old with a severe TBI faces decades of care costs compared to an older victim. Insurance companies factor this into settlement offers, which is why age and pre-existing health conditions significantly impact settlement amounts.

The National Spinal Cord Injury Statistical Center reports that lifetime costs for severe brain injuries can exceed $3 million for younger victims.

3. Economic Damages vs. Non-Economic Damages

TBI settlements typically include two types of damages:

Economic damages are quantifiable costs including:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Rehabilitation costs
• Home modifications
• Assistive technology

Non-economic damages compensate for intangible losses:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium (impact on relationships)

In Tennessee, non-economic damages are generally capped at $750,000. However, for “catastrophic injuries” including severe brain injuries resulting in paraplegia, quadriplegia, or amputation of both hands, both feet, or one of each, this cap is raised to $1,000,000.

4. Tennessee’s Comparative Fault Rules

Tennessee follows a modified comparative negligence system under McIntyre v. Balentine. If you’re found partially responsible for your injury, your compensation may be reduced by your percentage of fault. More critically, if you’re 50% or more at fault, you cannot recover damages at all.

This makes thorough investigation and proper case building crucial—even a small percentage of assigned fault can mean hundreds of thousands of dollars in reduced compensation.

What Does the Research Say About Average TBI Settlements?

While each case is unique, research provides some insight into typical settlement ranges:

According to CDC data, the average medical cost of fatal TBI injuries is approximately $48,000 per hospitalized patient and $5,000 per emergency department patient. For non-fatal TBIs treated in emergency departments, costs average about $4,500 in medical spending and $1,500 in lost work over one year.

For cases requiring inpatient care, these costs rise dramatically to $51,000 in medical expenses and $6,100 in lost work—just in the first year.

When these direct costs are combined with long-term care needs, lost earning potential, and non-economic damages, settlements for moderate to severe TBIs often reach several hundred thousand to several million dollars.

What Insurance Companies Don’t Want You to Know

Insurance adjusters have one goal: minimizing payouts. Their initial settlement offers for TBIs are almost always drastically lower than actual lifetime costs. Some common tactics include:

• Rushing settlement before the full extent of injuries is known
• Underestimating future medical costs and complications
• Overlooking necessary home modifications and assistive technologies
• Downplaying lost earning capacity, especially for younger victims
• Minimizing non-economic damages like pain and suffering

Our experience fighting these tactics has shown that initial offers can be as little as 15-20% of what victims ultimately deserve and need for lifetime care.

How The Higgins Firm Approaches TBI Cases

If you or a loved one has suffered a traumatic brain injury in Tennessee, the legal team you choose will significantly impact your future quality of life. At The Higgins Firm, our approach includes:

1. Comprehensive needs assessment: We look beyond immediate medical bills to understand your complete lifetime needs.
2. Multi-disciplinary expertise: We collaborate with medical specialists, life care planners, economists, and rehabilitation experts to build your case.
3. Tennessee-specific knowledge: Our understanding of local courts, judges, and state laws gives you a strategic advantage in maximizing your settlement.
4. Client-centered advocacy: We recognize that each client’s needs are unique and tailor our approach accordingly.
5. Trial readiness: While most cases settle, our willingness and ability to take cases to trial often results in higher settlement offers.

Contact The Higgins Firm for a Free Consultation

Living with a traumatic brain injury is challenging enough without the added stress of fighting for fair compensation. Let our experienced Tennessee personal injury attorneys shoulder that burden while you focus on your recovery and adaptation.

We offer free, no-obligation consultations to discuss your case and potential settlement options. Remember, you pay nothing unless we win your case.

Call us today or schedule your consultation online. Your future depends on the decisions you make now—make sure you have the right team fighting for your maximum recovery.

This blog post is for informational purposes only and should not be construed as legal advice. Each case is unique and should be evaluated by a qualified attorney.