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★ United States · head & brain

Head & brain claim values
in United States.

By Reviewed by Abd Shanti, Founder9 min read

Concussion through to traumatic brain injury. Bands on this page show typical settlement values for head & brain cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under United States's comparative-fault rule.

★ typical band · US
$500,000 to multi-million
Severe traumatic brain injury
★ head & brain severity tiers in US

How the band stratifies.

Multiple severity tiers exist for this injury class. Each row names its source or is marked as a MyClaimWorth estimate.

Head & brain severity tiers in United States
Severity tierBand
Concussion / mild TBI$25,000 to $100,000MyClaimWorth estimate
Severe traumatic brain injury$500,000 to multi-millionMyClaimWorth estimate
★ statute of limitations
Varies by state, most commonly 2 or 3 years

State codes

Range: Florida and Texas at 2 years (Tex. Civ. Prac. & Rem. Code § 16.003); New York at 3 years (CPLR § 214); Maine at 6 years (14 M.R.S. § 752, the longest in the US). Statutes of repose layer on top in product-liability and construction-defect cases. Federal Tort Claims Act has its own two-year administrative limitation.

★ fault allocation
Varies by state

Pure contributory negligence (1% bars recovery) in Alabama, Maryland, North Carolina, Virginia, and DC. Pure comparative in 11 states including California, New York, and Washington. Modified comparative with a 50% bar in 10 states. Modified comparative with a 51% bar in 25 states, including Florida since March 2023 and Louisiana since January 1, 2026.

★ caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to head & brain damages in United States.

★ US · procedural pathway

From injury to settlement.

The steps a head & brain claim moves through under United States law, from medical stability to settlement.

  1. 1
    Reach medical stability and assemble documentation

    Medical records, imaging, expert reports, payslips for lost wages, and receipts for out-of-pocket costs. Documentation gaps drive under-valued settlements.

  2. 2
    Identify the controlling state law

    For an interstate accident, the conflict-of-laws analysis matters. Most states apply lex loci delicti, but a few apply most-significant-relationship analysis under Restatement (Second).

  3. 3
    Compute special damages

    Past and future medical expenses, lost wages, loss of earning capacity, property damage, and reasonable out-of-pocket costs. Future expenses require expert testimony.

  4. 4
    Anchor non-economic damages

    Compare to verdict reporter aggregates in the state. The multiplier method (1.5×, 5× medical specials) is a starting point used by adjusters; courts do not impose it.

  5. 5
    Apply the comparative-fault rule

    Pure comparative reduces by the claimant's percentage; modified-50/51 cuts off above the threshold; contributory bars at 1%.

  6. 6
    Apply statutory caps

    Medical-malpractice caps in CA, TX, OH and others bite on non-economic damages; punitive-damages caps and the State Farm constitutional ceiling apply on punitives.

  7. 7
    Demand letter, mediation, then suit

    Most states allow direct demand against the insurer. Many states require pre-suit mediation in medical-malpractice cases. Suit is the last resort and is rare, over 95% of cases settle.

★ head & brain · reported decisions

What courts have awarded for head & brain.

Head & brain decisions from 51 US jurisdictions we have researched, each linked to the judgment and to the local guide.

★ head & brain · local rules

How the rules differ by place.

A rule that shapes head & brain claims in each place, with its source.

AlabamaExpert proof in care casesClaims against medical providers, including nursing facilities, generally require expert testimony on the standard of care, its breach and causation, unless the lack of skill is obvious to a layperson.Callens v. Episcopal Foundation (Ala. 2025)
CaliforniaRemittiturA trial judge may reduce an excessive award instead of ordering a new trial; the plaintiff may accept the lower figure.Collins v. Union Pacific Railroad (Cal. Ct. App. 2012)
District of ColumbiaFuture post concussive damagesThe trial court barred future damages for permanent post concussive syndrome, and the verdict was otherwise affirmed.Destefano v. Children’s National Medical Center (D.C. 2015)
IdahoGovernment immunityA county’s choice of equipment can be a discretionary function immune from suit, but an order given to an individual may not be.Williamson v. Ada County (Idaho 2022)
KentuckyDamages capsNone. Section 54 of the Kentucky Constitution bars limits on recovery for injury to person or property.Ky. Const. § 54
MassachusettsInsurer delayAn insurer that fails to make a prompt, fair offer once liability is reasonably clear can be liable under G.L. c. 93A.Chiulli v. Liberty Mutual (Mass. App. Ct. 2020)
MissouriMalpractice capNoneconomic damages against health care providers: $400,000, or $700,000 for a catastrophic injury or death, with each limit increased by 1.7 percent every 1 January.Mo. Rev. Stat. § 538.210
New HampshireSuicide after a work injuryDeath benefits turn on “an unbroken chain of causation from the work-connected injury to the suicide.”Appeal of Pelmac Industries (N.H. 2021)
North DakotaCompeting expertsJuries weigh competing brain injury and neuropsychology experts and life care plans; a modest award stands if the evidence supports it.N.B. v. Terwilliger (N.D. 2021)
PennsylvaniaDelay damagesDelay damages are added to the verdict for the period the case was pending, which can greatly increase the judgment.Potochnick v. Perry (Pa. Super. 2004)
TennesseeCap on pain and suffering$750,000 per injured person. A brain injury is not on the catastrophic list that raises the cap to $1 million.Public Chapter 510 (2011), § 29-39-102(a)(2) and (d)
VirginiaSeat belt useNot wearing a seat belt “shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel” in a motor vehicle injury case.Va. Code § 46.2-1094(D)
★ head & brain bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBand
United States· you are here$500,000 to multi-millionMyClaimWorth estimate
United Kingdom£372,570 to £533,720MyClaimWorth estimate
Ireland€300,000 to €550,000Personal Injuries Guidelines: severe and most severe brain damage
CanadaC$200,000 to Andrews capMyClaimWorth estimate
AustraliaAU$300,000 to AU$750,000+MyClaimWorth estimate
Spain€200,000 to €400,000+MyClaimWorth estimate
Italy€300,000 to €1,000,000+MyClaimWorth estimate
Germany€200,000 to €800,000+MyClaimWorth estimate
France€300,000 to €1,000,000+MyClaimWorth estimate
New ZealandACC entitlements scaled to assessed impairmentSerious-injury claims attract rehabilitation and attendant-care entitlements rather than a lump-sum damages figure.
SingaporeS$300,000 to S$1,000,000+MyClaimWorth estimate
Hong KongHK$2,000,000 to HK$3,000,000+MyClaimWorth estimate
Japan¥18,000,000 to ¥80,000,000+MyClaimWorth estimate
South Korea₩300,000,000 to ₩1,000,000,000+MyClaimWorth estimate
TaiwanNT$3,000,000 to NT$10,000,000+MyClaimWorth estimate
★ US · head & brain · frequently asked

Common questions.

Each answer stands on its own and draws on the documents named on this page.

★ editorial note

Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in United States. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.