
Mild traumatic brain injuries (TBI) can have a lasting impact on one’s life, often affecting personal and work performance in ways that are not always visible. If you or a loved one has suffered a TBI, learning about mild traumatic brain injury settlements can help you secure fair compensation. This knowledge can not only aid in your recovery but also guide you through the complex compensation process.
Mild TBIs are commonly associated with motor vehicle accidents, but they can also result from workplace incidents. These on-the-job incidents often lead to conditions like whiplash-associated disorders and post-concussion syndrome. It’s important to recognize how these injuries occur and what signs to watch for afterward.
In this article, you’ll gain insight into the types of brain injuries, their severity and how factors such as recovery and treatment can influence the average settlement for traumatic brain injury. You’ll also learn how to approach your traumatic brain injury lawsuit or claim for a fair settlement, empowering you to advocate for your rights when dealing with insurance companies or employers.
Types of brain injuries
Brain injuries can be complex and vary greatly in severity. Here are the common types of brain injuries:
- Concussion: Often caused by a direct blow to the head, shaking, or a sudden change in movement. Severity can range from mild to severe.
- Contusion: A bruise on the brain where blood vessels have been damaged, leading to bleeding and swelling.
- Diffuse axonal injury: Caused by strong rotation or shaking of the head, which can tear brain structures.
- Penetrating injury: Occurs when an object breaks through the skull and enters the brain tissue.
The severity of brain injuries is generally categorized as mild, moderate, or severe based on factors such as the level of consciousness and the signs and symptoms observed.
Common causes of mild traumatic brain injuries in the workplace
Mild traumatic brain injuries at work can happen suddenly and have many causes. A head injury at work can result from:
- Slips, trips and falls: Losing balance and hitting your head is common, especially on wet or uneven surfaces.
- Getting hit by falling objects: Tools or materials that fall from a height can cause serious harm.
- Vehicle accidents: If you drive for work, a crash can lead to a forceful blow to the head.
- Struck-by incidents: Being hit by moving equipment, machinery, or other objects in the workplace.
These situations can cause injuries, leading to mild traumatic brain injury settlements under workers’ compensation. If you’re struggling with the effects of a work-related TBI or need help with your claim and you’re in South Dakota, consider seeking the help of our work-related injury lawyers in Sioux Falls to guide you through the workers’ compensation process.
What happens after mild traumatic brain injury?
After suffering a mild traumatic brain injury, the body needs time to heal. While most people recover fully from a mild traumatic brain injury within a few weeks, some may face a longer and more challenging recovery process. In some cases, symptoms may persist for weeks or months after the initial injury, leading to a condition known as post-concussion syndrome (PCS).
This is why, after a work injury, reporting and filing a workers’ comp case is important. This is especially crucial if you develop PCS. Due to extended recovery time and potential long-term effects, PCS can complicate your workers’ compensation claim.
Symptoms that may indicate post-concussion syndrome
If you find that the symptoms below persist or worsen over time, you may be experiencing post-concussion syndrome. Below are some common symptoms to watch out for a more accurate diagnosis.
Ongoing headaches
PCS headaches often resemble tension-type headaches or migraines. They develop in over 60% of patients with mild head injuries. They may worsen due to factors such as previous headache history, less severe injury or the presence of other psychiatric disorders.
Dizziness or loss of balance
Patients may report dizziness, lightheadedness, or vertigo. Some may also have vestibular migraine symptoms. The dizziness at the time of injury may indicate a longer recovery period.
Fatigue, sometimes severe
Excessive daytime sleepiness and the need for more sleep are common. Sleep disturbances such as insomnia, circadian rhythm disorders and abnormal sleep behaviors may contribute to fatigue.
Difficulty with memory and concentration
Cognitive changes, including impaired memory and concentration, will most likely occur immediately after the brain injury. Patients may feel groggy or foggy and have trouble thinking clearly or paying attention.
Blurred vision
Visual disturbances, including blurred vision, can occur as part of PCS and may impact an individual’s ability to perform certain tasks. If a work accident affects your vision, seek immediate medical attention for diagnosis and recovery.
Irritability and other mood changes
Emotional and personality changes are common in PCS. These may include irritability, intolerance to stress, emotional blunting, disinhibition or mood swings.
If you’re experiencing these symptoms, schedule a consultation with your doctor right away. Early treatment can speed up your recovery and help you return to work sooner. Keep detailed medical records – they’re crucial for when you need to file for workers’ comp or pursue a post-concussion syndrome settlement. These records can also help address what happens to medical bills if workers’ comp is denied, which may lead to an appeal with the Bureau of Human Resources (BHR).
Workers’ comp head injury settlements

Head injuries at work can have life-altering consequences, making workers’ compensation benefits crucial for recovery and financial stability. Not all claims result in head injury settlements, but they may become an option when you’ve reached maximum medical improvement (MMI) or when the long-term impact of your injury becomes clear.
If you meet the eligibility criteria for a settlement and decide to pursue this option after careful consideration and legal counsel, the compensation, whether as ongoing payments or a lump-sum settlement, can help cover medical expenses, lost wages and other injury-related costs. The amount you receive depends on several factors, though.
Factors that impact compensation amounts
Various factors come into play when determining the value of a TBI settlement. These factors help to calculate a fair settlement for TBI that adequately compensates for the harm suffered. The following are some elements that can influence TBI settlements:
- Severity of the injury: The more severe your injury is, the more compensation you might receive. More serious injuries typically require longer periods of medical treatment and can lead to greater losses in terms of life quality and income.
- Medical expenses: The cost of your medical care, both present and future, will be a major factor. This includes hospital stays, medical consultations, medications or any therapy or surgery you need
- Lost wages: If your injury prevents you from working, you may be compensated for lost income. If you’re unable to return to your previous job or work at all, consider the loss of earning capacity due to the injury.
- Long-term effects: Traumatic brain injuries can lead to long-term or permanent disabilities. Compensation may be increased if there’s a need for lifelong medical care or assistance.
- Non-medical expenses: Additional costs such as traveling for treatment, modifying your home for new disabilities and needing hired help for household tasks can also affect the settlement amount.
- Pain and suffering: Non-economic damages like physical pain, emotional distress and loss of enjoyment of life are often part of the concussion settlement value.
- Impact on lifestyle: When a head injury disrupts your everyday activities and enjoyment of life, you should factor this into the settlement.
If you’ve suffered a work-related head injury, consider a consultation with a workers’ compensation attorney. They can help assess your situation and guide you in pursuing a fair settlement amount for your injuries. For those in South Dakota, attorneys in Sioux Falls, SD can provide specific guidance on local laws and regulations.
Navigating the settlement process
Once you understand the types of brain injuries, their potential long-term effects and the factors that influence mild traumatic brain injury settlements, the next step involves navigating the settlement process itself.
Securing adequate compensation for your injuries may take time. How long most workers’ comp settlements take can vary widely depending on the specifics of your case and the negotiation process. Despite the potential challenges, it’s a process worth pursuing.
Here’s what to expect:
- Documentation: Collect comprehensive documentation, including medical records, accident reports, and payroll statements. This information will serve as evidence to support your claims for damages.
- Evaluation of damages: Your lawyer will help calculate economic and non-economic damages to determine an appropriate settlement amount. These include immediate medical expenses, future medical care, lost wages, pain and suffering and other related costs.
- Engaging with insurance companies: Insurance companies often aim to minimize payouts, so a skilled attorney can advocate on your behalf. They will negotiate with the insurer to reach a fair settlement that adequately compensates you for your injuries.
- Settlement offer and negotiation: Don’t rush to accept the initial offer once the insurance company presents it. It’s typically lower than what you might be entitled to. Your lawyer will help you craft a response, connecting the settlement amount to the documented damages and your overall pain and suffering.
- Litigation: If negotiations stall or the insurance company refuses a fair offer, your attorney may recommend taking the case to court.
This process can be complex and emotionally draining, but you don’t have to go through it alone. With the right support, you can focus on your recovery while your legal team handles your case. Your attorney is there to protect your interests, which often requires time and patience.
Pursue the settlement value you deserve
Compensation from legal claims such as mild traumatic brain injury settlements should help with the costs that come after an injury. If you’ve been diagnosed with a condition such as post-concussion syndrome, understanding the potential post-concussion syndrome settlement value can guide your expectations and help you pursue fair compensation.
Whether you settle or take your case to trial, your compensation should reflect your injury’s severity and life impact. A consultation with an attorney can clarify third-party liability. If you’re in South Dakota, personal injury lawyers in Sioux Falls can provide specific insights into local laws and details that may enhance your benefits beyond standard compensation.