Concussion & TBI Settlement Calculator
Estimate traumatic brain injury settlement value — mild concussion through severe TBI. Glasgow Coma Scale classification + post-concussion syndrome + neuropsychological testing + life care planning.
What is the average concussion settlement amount? Mild concussion with full recovery in 4-6 weeks: $20,000-$50,000. Mild concussion with 3-6 month symptoms: $50K-$150K. Post-concussion syndrome (symptoms >6 months): $150K-$500K.
🧠 TBI = #1 most-underdiagnosed injury in auto accidents. 15-30% of crash victims have concussion, most undiagnosed at ER. Post-concussion syndrome (>3mo) drives 5-10x settlement increase.
Your Injury
Your Estimated Settlement
$39,000 — $69,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $54,000
- Attorney fee (33–40%)
- −$18,000 to −$21,600
- Roughly yours
- $32,400 – $36,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
National Car Accident Payout Benchmark — all 50 states
Across all 50 states, this benchmark is based on 60,820 real payments totaling $2.3B from federal and municipal traffic accident claims nationwide.
Average
$39K
Median
$5K
25th %ile
$3K
90th %ile
$35K
Source: U.S. Treasury Judgment Fund, NYC Comptroller and City of Chicago claim records. These are nationwide figures pooled across all 50 states, not figures for any single state — do not read them as a state-level average. Actual payouts may vary based on individual circumstances.
How Your Estimate Compares to Insurance Claims Data
Based on bodily injury liability claims reported to the NAIC across 50 states (2020–2022):
National Avg
$29K
National Avg
$29K
3-Year Change
+18.4%
Your estimate is in a similar range to the average BI claim nationally, which is common for moderate injury cases.
Source: NAIC Auto Insurance Database Report (2022/2023 edition), 2020-2022 claim years. Figures are average paid bodily-injury liability claims, not total case values.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
How Concussion & TBI Settlements Work
Traumatic brain injury (TBI) ranges from mild concussion (Glasgow Coma Scale 13-15) to severe TBI (GCS 3-8, persistent vegetative state, death). Unlike orthopedic injuries, TBI is often invisible on imaging — CT and MRI may be normal while the plaintiff suffers persistent cognitive deficits, headaches, memory loss, and personality changes. This creates unique challenges for causation proof and maximizes the importance of neuropsychological testing.
Settlement ranges by severity: Mild concussion, full recovery in 2-4 weeks: $20,000-$75,000. Post-concussion syndrome persisting 3-12 months: $75,000-$250,000. Moderate TBI with objective deficits (loss of consciousness >30 min, positive imaging): $250,000-$1,000,000. Severe TBI with permanent cognitive impairment: $1,000,000-$5,000,000. Catastrophic TBI requiring 24/7 care (vegetative state, severe cognitive disability): $5,000,000-$30,000,000+ (life care plan alone can exceed $15M).
Critical evidence hierarchy: (1) Glasgow Coma Scale score at ER (most important initial marker). (2) Loss of consciousness duration (any LOC = TBI). (3) Post-traumatic amnesia duration (longer = worse). (4) CT/MRI findings (diffuse axonal injury, hemorrhage, contusion). (5) Neuropsychological testing 3-6 months post-injury (cognitive deficits in processing speed, attention, executive function). (6) Life care planner report for long-term cases. Without neuropsych testing, TBI claims settle at 30-50% of their true value — insurers dismiss headache/memory complaints as malingering.
Concussion / TBI Settlement FAQs
What is the average concussion settlement amount?
Mild concussion with full recovery in 4-6 weeks: $20,000-$50,000. Mild concussion with 3-6 month symptoms: $50K-$150K. Post-concussion syndrome (symptoms >6 months): $150K-$500K. TBI with documented imaging abnormalities: $500K-$5M+. National median for all concussion claims: approximately $40,000, but severe cases easily reach 7 figures. Insurers aggressively minimize TBI claims absent objective neuropsych evidence.
What is post-concussion syndrome and how does it affect settlement?
Post-concussion syndrome (PCS) = persistent concussion symptoms beyond 3 months. Symptoms: headaches, dizziness, fatigue, cognitive problems (memory, concentration), mood changes (anxiety, depression, irritability), sleep disturbance. PCS 5-10x's settlement value vs simple concussion because: (1) duration proves severity, (2) requires ongoing treatment (neuropsych, psych, medication), (3) affects work capacity, (4) life care plan becomes compensable. Document every symptom via medical visits and pain journal.
Do I have a TBI claim if my ER CT scan was normal?
Yes — up to 30% of mild TBI cases have normal ER imaging. Modern medicine recognizes that diffuse axonal injury (DAI) and mild TBI can occur without visible imaging findings. Critical: get follow-up MRI with specific TBI protocol (DTI, susceptibility-weighted imaging) 4-6 weeks post-injury. Also essential: neuropsychological testing by qualified neuropsychologist 3-6 months post-injury, documenting specific cognitive deficits. 'Normal imaging' is NOT dispositive.
How is a severe TBI settlement calculated?
Severe TBI settlements have large future economic components: (1) Medical expenses past ($50K-$500K) and future ($500K-$5M+ per life care plan). (2) Lost earning capacity (can be $500K-$5M+ depending on age, profession, severity). (3) Non-economic damages (pain, suffering, loss of enjoyment of life) — typically largest component in catastrophic cases. (4) Life care plan quantifying: 24/7 care ($200K-$300K/year × life expectancy), home modifications, equipment, therapies, medications. Total often reaches $5M-$30M+ for ages 20-40 with severe permanent TBI.
What is a Glasgow Coma Scale and why does it matter?
Glasgow Coma Scale (GCS) = standardized neurological assessment scored 3-15. Mild TBI: GCS 13-15 (most cases). Moderate TBI: GCS 9-12. Severe TBI: GCS 3-8. GCS at ER is the single most important prognostic marker. Lower score = worse long-term outcome. Document initial GCS from ambulance records, ER triage, and any decline/improvement. Defense attorneys often challenge GCS recording accuracy — contemporaneous ER documentation is ironclad evidence.
How long do TBI claims take to settle?
Longer than other injury types: 18-36 months minimum, often 3-5+ years for severe cases. Reasons: (1) full extent of cognitive deficits takes 12-24 months to assess, (2) neuropsychological testing must be repeated to document stability, (3) life care plan requires multidisciplinary evaluation, (4) insurers aggressively contest TBI claims, (5) trial often required for fair value on serious cases. Do NOT settle before reaching neurological plateau — typically 1-2 years post-injury.
Can I recover for personality changes or mood problems from TBI?
Yes — neurobehavioral changes are compensable under both 'pain and suffering' and 'loss of consortium' (spouse/family). Common TBI sequelae: depression, anxiety, emotional lability, impulsivity, reduced social functioning. Documentation: psychiatric treatment records, neuropsychological testing of affective symptoms, family member affidavits describing before/after changes. Loss of consortium claims by spouse can add $100K-$500K+ to severe TBI settlements.
What if the insurance adjuster says my symptoms are just 'stress'?
Classic insurance defense. Response: insist on proper medical work-up from neurologist (not just PCP), neuropsychologist (proper testing), vestibular specialist (if dizziness). Objective measures exist: balance testing (computerized), eye tracking (VOMS assessment), cognitive testing (WAIS, CVLT). Document EVERYTHING — symptoms evolve and insurer will use any gap in records. Never let insurer reduce claim based on their 'common sense' argument — they're trained to minimize TBI.
How is post concussion syndrome settlement value calculated?
Post concussion syndrome is the hardest kind of injury to price because the symptoms — headaches, light sensitivity, memory and concentration problems, mood changes — rarely show up on standard imaging. Value therefore tracks documentation rather than severity as you experience it: neuropsychological testing, a consistent treatment record, and evidence from work or school showing measurable change carry far more weight than symptom reports alone. Duration is the other lever, because insurers treat symptoms lasting beyond three to six months very differently from a concussion that resolved. Cases with lost earning capacity documented by an employer or a vocational expert sit in a different band entirely.