Concussion through to traumatic brain injury. Bands on this page are sourced to state-by-state tort law · jury verdict reporters · statutory caps and reflect the typical settlement values for head & braincases across the relevant severity tiers. 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 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions
★ head & brain severity tiers in US
How the band stratifies.
Multiple severity tiers exist for this injury class. The country-page authority distinguishes between them as follows.
Head & brain severity tiers in United States
Severity tier
Band
Basis
Concussion / mild TBI
$25,000 – $100,000
Reported decisions
Severe traumatic brain injury
$500,000 – multi-million
Catastrophic-case reported decisions
★ 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 13 states including California, Florida, New York, and Washington. Modified comparative with a 50% bar in 10 states. Modified comparative with a 51% bar in 23 states.
★ caps that bear on this injury
What caps recovery.
Statutory caps and ceilings that apply to head & brain damages in United States.
Non-economic damages — medical malpractice (CA)
California medical malpractice
$390,000–$1,000,000+ on a phased AB 35 schedule
Use the figure for the year and category (death / non-death) the case falls into.
Non-economic damages — medical malpractice (TX)
Texas medical malpractice
$250,000 per defendant; $500,000 aggregate per claimant
HB 837 narrowed punitive recovery and tightened other procedural levers.
Punitive damages (most states)
Tort claims
Multiple-of-compensatory limits or constitutional ceilings under State Farm v. Campbell
BMW v. Gore and State Farm v. Campbell set due-process limits at typically single-digit ratios.
★ 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
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
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
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
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
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
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
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 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.
Each answer is independently coherent and sourced to the authority documents on this page.
How much is a head & brain claim worth in United States?
In United States, head & brain claims commonly settle in the ranges shown in the band table on this page. The most severe matching band is $500,000 – multi-million under Catastrophic-case reported decisions. The exact figure within the band depends on severity, prognosis, recovery time, the medical paper trail, and any percentage of fault attributed to the claimant under United States's comparative-fault rule.
What is the statute of limitations for head & brain claims in United States?
Varies by state — most commonly 2 or 3 years. Source: 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.
Does fault allocation reduce a head & brain settlement in United States?
Pure contributory negligence (1% bars recovery) in Alabama, Maryland, North Carolina, Virginia, and DC. Pure comparative in 13 states including California, Florida, New York, and Washington. Modified comparative with a 50% bar in 10 states. Modified comparative with a 51% bar in 23 states. Reductions are calculated as a percentage of the total damages award before any cap is applied.
Are there caps on head & brain damages in United States?
Yes — United States applies the following caps that bear on head & brain claims: Non-economic damages — medical malpractice (CA); Non-economic damages — medical malpractice (TX); Non-economic damages — negligence (FL, post-HB 837); Punitive damages (most states). See the caps section on this page for the figures and the conditions under which each applies.
How long does a United States head & brain case take to resolve?
Soft-tissue presentations commonly resolve within 6 to 12 months from medical stability. Complex cases with surgery or contested liability routinely take 18 to 36 months. Cases that proceed to trial commonly take 2 to 5 years. The procedural pathway on this page sets out the typical milestones in United States.
Is settlement preferable to trial for a head & brain claim in United States?
For most United States head & brain claimants, yes. The vast majority of personal-injury cases settle before trial. Settlement provides certainty, removes appeal risk, and resolves faster. Trial is appropriate where liability is genuinely contested or where the defendant's insurer is unrealistic about quantum given the published authority.
Numbers on this page are starting points sourced to state-by-state tort law · jury verdict reporters · statutory caps. They are 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.