How Much Is a Head Injury Claim Worth in Washington?

How Much Is a Head Injury Claim Worth in Washington?

A settlement for a head injury in the United States varies wildly, from $10,000 for a minor concussion to well over $1 million for a severe traumatic brain injury (TBI), based on our experience. But averages don’t tell your story. The value of your claim is not based on a national average; it is calculated based on the specific, documented impact the injury has had, and will have, on your life.

These injuries are particularly complicated because many of the most serious symptoms, like memory loss or personality changes, are not visible on an X-ray. A fair settlement accounts for every cost, from current medical bills to the future care you may need years from now.

If you have a question about your situation after a head injury, call us at (206) 620-0707. We are here to listen and provide clear answers.

What Does a Settlement Actually Pay For? A Deeper Look at Compensatory Damages

The legal term for the money you receive in a settlement is "compensatory damages." This simply means the funds are intended to compensate you for your losses. These losses are divided into two categories.

Category 1: Economic Damages—The Tangible, Billable Costs

This is everything with a receipt or a clear price tag attached. It’s the math component of your claim.

• Past Medical Expenses: Ambulance rides, emergency room visits, hospital stays, surgeries, and diagnostic imaging.
• Future Medical Needs: This is a forward-looking calculation. It includes physical therapy, cognitive rehabilitation, prescription medications, in-home nursing care, and even modifications to your home or vehicle.
• Lost Wages: The income you have already lost from being unable to work.
• Loss of Earning Capacity: This is different. It addresses the future financial impact. If your injury prevents you from returning to your old job or limits your ability to work, this part of the claim compensates for that diminished future earning potential.

Category 2: Non-Economic Damages—The Human Cost of the Injury

These losses are real, but they don't come with an invoice. This is where a claim’s value varies the most.

• Pain and Suffering: This accounts for the physical pain and emotional distress you have endured. Think of it this way: if your injury prevents you from picking up your child or enjoying a hobby that once brought you joy, that is a real loss that deserves to be recognized.
• Loss of Enjoyment of Life: This compensates for the ways the injury has diminished your quality of life.
• Emotional Anguish: This includes anxiety, depression, frustration, or personality changes resulting from the brain injury.

Three Factors That Shape Your Head Injury Claim's Value the Most

While the damages we listed above form the foundation of your claim, three external factors heavily influence the final settlement number.

1. The Severity and Permanence of the Injury

A concussion that resolves in three weeks is valued very differently than a TBI that causes permanent cognitive impairment.

The Key Question: How has the injury permanently changed your life?

The answer is found in medical records, expert testimony from doctors and life-care planners, and testimony from you and your family about the changes in your day-to-day life.

2. The Clarity of Fault

For the other party’s insurance to pay, we must demonstrate that their negligence caused the injury. A case with clear evidence—like a police report citing the other driver for running a red light—is more straightforward than one where fault is disputed. Insurance companies conduct their own investigations, looking for any evidence to argue you were partially at fault. Our role is to build a strong case with all available evidence to clearly establish what happened.

3. The At-Fault Party’s Insurance Policy Limits

This is a practical reality of personal injury claims. An insurance company is generally only obligated to pay up to the policy limit their client purchased. For example: If your damages total $200,000 but the at-fault driver only carries a $50,000 policy, there is a $150,000 gap.

In these situations, we investigate other potential sources of recovery. This could include:

• Your Own Insurance: Underinsured Motorist (UIM) coverage on your own auto policy may help cover the difference.
• Other Liable Parties: Was a defective product involved? Was a dangerous condition on a property a contributing factor? There may be more than one party responsible.

Why "Invisible" Injuries Require a Different Approach to Documentation

Broken bones are easy to see on an X-ray. Headaches, memory lapses, irritability, and chronic fatigue are not. These are also called "invisible" injuries, and they are some of the most challenging aspects of a TBI.

Because an insurance adjuster cannot see your pain, we must help them understand it through comprehensive documentation. The strength of your claim rests on your ability to show, in detail, how your life has changed.

How We Document the Invisible:

• Keep a Daily Journal: Do not just write "I had a headache today." Try this instead: "Woke up at 8 a.m. with a throbbing headache behind my right eye, rated 7/10. Had to lie down in a dark room for two hours and missed my son's school event. The light from my phone screen made the pain worse."
• Gather Statements from Others: Ask family, friends, and coworkers to write down the changes they’ve observed. A statement from a spouse describing new-found irritability or from a boss detailing missed deadlines at work is very persuasive.
• Follow All Medical Advice: Attending every doctor's appointment and therapy session creates a clear record of your injuries and your commitment to recovery.

What Role Do Expert Witnesses Play in a Head Injury Claim?

A head injury doesn't always speak for itself. It doesn’t leave a cast or stitches. You might look perfectly fine on the outside, but still be forgetting words, missing appointments, or feeling like you’ve become someone else entirely.

That’s where expert witnesses come in.

They help explain what you're going through in a way that an insurance company or a jury can understand and trust.

Which Experts Are Typically Involved?

Each expert has a specific role. Here are the ones we commonly work with in Washington head injury claims:

• Neurologists: They focus on the physical damage to your brain. If there’s scarring, swelling, or past trauma visible on scans, they explain what that means for your functioning.
• Neuropsychologists: These specialists test how your brain is actually working. They assess memory, focus, mood, reaction time, then compare your results to baseline data. Their reports often demonstrate cognitive decline that isn’t visible on imaging.
• Vocational Experts: They look at how your injury affects your ability to work. Can you return to your old job? Can you work at all? If not, what will it take to retrain for something else? Their opinion affects how much compensation you're owed for lost future income.
• Life Care Planners: They map out what long-term care you may need, such as home health aides, therapy, medications, assistive devices, and estimate the lifetime cost. This is key in cases where the injury is permanent.
• Economic Experts: Once we know what your care and lost income will cost, these experts calculate inflation-adjusted totals and explain the financial impact over time.

How Do Experts Affect the Value of Your Claim?

Let’s say your medical records show “concussion.” That might sound minor. But if a neuropsychologist runs standardized testing and finds you’ve lost 20% of your short-term memory function, that changes the story.

It’s no longer a “mild” injury. It’s an injury that has rewired how your brain works.

That kind of testimony carries weight. It helps justify higher settlement demands. And if the insurance company still refuses to pay fairly, it gives us the foundation to argue your case in front of a jury.

When Are These Experts Brought In?

Not every case needs a full team of experts. But when the symptoms are lasting or when the insurer questions the severity, we bring them in early.

Some reports take weeks to complete. So the sooner we identify who you need, the better positioned we are when negotiations start. In high-value cases, we may even use experts during the pre-litigation phase to support a higher demand package.

What Will You Need to Do?

Usually, it’s simple. You might:

• Attend an evaluation with a neuropsychologist (these typically take several hours).
• Answer background questions for a vocational assessment.
• Share old job descriptions, pay stubs, or medical records.

We’ll take care of scheduling, collecting reports, and translating the findings into clear legal arguments.

How Does Washington's "Comparative Fault" Law Affect Your Settlement?

In Washington, the law recognizes that sometimes more than one person is responsible for an accident. This is handled through a rule called "comparative fault."

Here’s what it means in plain English: A court will assign a percentage of fault to each person involved. Your final compensation is then reduced by your percentage of fault.

This is why insurance companies for the at-fault party will try to argue that you were partially to blame. They know that every percentage point of fault they assign to you reduces the amount they have to pay. Our job is to use the evidence to protect you from being assigned any unfair blame and ensure the allocation of fault is accurate.

You Don't Have to Calculate This Alone

Figuring out the true cost of a head injury is not something you should have to do while trying to recover. The insurance company has a team of professionals working to protect their financial interests. Their goal is to resolve the claim for a fair amount, but "fair" in their view is often tied to protecting their bottom line.

Our role is to be your advocate—to meticulously build a case that reflects the full and true value of your losses. We gather the medical records, consult with experts, and handle the communications with the insurance company so you can focus on your health.

We see you as a person whose life has been disrupted, not simply an insurance policy claim number. Your story deserves to be told completely.Let us help you understand your options. Call Pendergast Law for a free, no-obligation conversation about your case at (206) 620-0707.