Traumatic brain injury (TBI) claims produce the highest valuations in personal injury law. Severe TBI cases with permanent cognitive impairment regularly produce total awards exceeding $2,000,000 in the US when lifetime care costs are included. The general damages component (pain and suffering) alone reaches the top of every jurisdiction's published scale.
TL;DR.
Mild concussion: $15K to $50K (US), £2,210 to £12,770 (UK). Moderate TBI: $100K to $500K (US), £43,620 to £219,070 (UK). Severe/catastrophic: $500K to $5M+ (US), £282,010, £379,210 (UK, general damages only, care costs are additional). Future care costs dominate the total in severe cases.
| Severity | GCS score | Loss of consciousness | Characteristics |
|---|
| Mild (concussion) | 13 to 15 | <30 minutes | Headache, confusion, brief amnesia; full recovery expected |
| Moderate | 9 to 12 | 30 min, 24 hours | Cognitive deficits, personality changes; partial recovery |
| Severe | 3 to 8 | >24 hours | Permanent cognitive impairment, personality change, care needs |
| Very severe | 3 to 5 | Days-weeks | Full dependency, minimal awareness, 24-hour care required |
| Severity | JCG band | Description |
|---|
| Minor | £2,210 to £12,770 | Full recovery; minimal lasting effects |
| Less severe | £15,320 to £43,620 | Concentration, memory problems; small risk of epilepsy |
| Moderately severe | £43,620 to £219,070 | Very serious disability; substantially dependent |
| Very severe | £282,010 to £379,210 | Little meaningful function; fully dependent |
| Severity | Total settlement range | Notes |
|---|
| Mild concussion | $15,000 to $50,000 | Full recovery; short treatment |
| Post-concussion syndrome | $50,000 to $200,000 | Persistent symptoms >3 months; cognitive testing |
| Moderate TBI | $200,000 to $500,000 | Documented cognitive deficits; reduced employability |
| Severe TBI | $500,000 to $2,000,000 | Permanent impairment; significant care needs |
| Catastrophic TBI | $2,000,000 to $10,000,000+ | Full dependency; lifetime care costs dominate |
| Severity | Non-pecuniary | Notes |
|---|
| Mild | C$10,000 to $40,000 | Below Andrews proportional midpoint |
| Moderate | C$80,000 to $200,000 | Andrews proportional |
| Severe/Catastrophic | C$350,000 to C$470,000 | At or near Andrews cap |
| Severity | PIAG range |
|---|
| Minor (full recovery) | €5,000 to €20,000 |
| Moderate | €35,000 to €120,000 |
| Severe | €150,000 to €400,000+ |
| Country | Severe TBI (general damages) | System |
|---|
| Spain | €150,000 to €400,000 | Baremo (high-point permanent impairment) |
| Italy | €300,000 to €1,000,000 | Tabelle Milanesi (70 to 100% impairment) |
| Germany | €200,000 to €500,000 | Schmerzensgeldtabelle |
| France | €250,000 to €600,000 | Judicial discretion (Dintilhac) |
In severe TBI cases, the non-economic (pain and suffering) component is often the smaller part of the total award. Future care costs, 24-hour attendant care, rehabilitation, adapted housing, specialist equipment, case management, can exceed $5,000,000 over a lifetime for a young claimant with severe TBI.
Key point: A 25-year-old with severe TBI requiring 24-hour care might have: non-economic damages of $400,000 (or at the Andrews cap in Canada), future care costs of $6,000,000, lost earning capacity of $2,000,000, and past medical expenses of $500,000, totalling $8,900,000 despite the non-economic component being “capped.”
How much is a traumatic brain injury claim worth?
Mild concussion with full recovery: $15,000 to $50,000 (US), £2,210 to £12,770 (UK). Moderate TBI with cognitive deficits: $100,000 to $500,000 (US), £43,620 to £219,070 (UK). Severe TBI with permanent disability: $500,000 to $5,000,000+ (US), £282,010 to £379,210 (UK, general damages only).
What makes TBI claims more valuable?
TBI claims produce higher valuations because of: lifetime care costs, significant cognitive and personality changes, inability to return to pre-injury employment, and the devastating impact on quality of life. Future care costs alone can exceed the non-economic component.
How are TBI cases proven?
Through neurological examination, neuropsychological testing, imaging (CT, MRI, DTI for diffuse axonal injury), Glasgow Coma Scale scores from the acute phase, and expert medical testimony. Mild TBI (concussion) is harder to prove objectively, which can reduce claim value.
How long do TBI claims take?
Mild concussion: 12 to 24 months. Moderate TBI: 2 to 4 years. Severe TBI: 3 to 7 years. The extended timeline reflects the need for long-term neuropsychological assessment and life-care planning.
- Judicial College Guidelines, 16th edition, brain injuries
- Centers for Disease Control and Prevention, TBI classification
- Brain Injury Association of America, lifetime cost estimates
- Personal Injuries Guidelines (Ireland, 2021)
- Supreme Court of Canada, Andrews trilogy
Editorial note. This guide provides indicative ranges. TBI claims are among the most complex in personal injury. It is not legal advice. See our
full disclaimer.