A traumatic brain injury can change everything — work, relationships, personality — yet insurers routinely undervalue what they can't see on an X-ray.
How TBIs Happen
TBIs result from car and motorcycle crashes, falls, workplace incidents, and sports. Even a 'mild' concussion can cause lasting cognitive and emotional effects. Symptoms may not appear immediately.
Why They're Hard to Prove
Unlike a broken bone, a brain injury may not show clearly on standard imaging. Insurers exploit this, arguing symptoms are exaggerated or unrelated. Neuropsychological testing and consistent medical documentation are essential.
Full Value and Ohio's Damage Cap
Severe TBIs that cause permanent functional injury preventing independent living fall within the exceptions to Ohio's non-economic damage cap. Ohio caps non-economic damages (pain and suffering) in most injury cases at the greater of $250,000 or three times economic damages, up to $350,000 per plaintiff — though the cap does not apply to catastrophic injuries like permanent disfigurement or loss of a limb.
Lifelong Costs
A serious TBI may require ongoing therapy, lost earning capacity, and long-term care. Properly valuing these future costs — often with expert testimony — is critical to a fair recovery.
Injured in Ohio? Get a free, confidential case review. No obligation, and no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For guidance on your specific situation, consult a licensed Ohio attorney.