Legal Guide

Average Settlement for Traumatic Brain Injuries in Alberta

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Average Settlement for Traumatic Brain Injuries in Alberta

A traumatic brain injury (TBI) can instantly change your life. It can lead to headaches, memory loss, and permanent cognitive impairment—affecting your health, work, and family life.

If your injury was caused by someone else's negligence—whether in a car crash, fall, or workplace accident—you may be entitled to significant compensation. But brain-injury cases are complex. Insurers often try to minimize payouts by arguing your symptoms are "subjective" or "mild."

Alberta personal-injury lawyers who previously defended insurance companies understand how these claims are evaluated and underpaid—and how to prove the true value of your losses.

This article explains how Alberta courts and insurers calculate TBI settlements, what factors affect compensation, and how to protect your rights.

This guide covers:

What counts as a traumatic brain injury
Common types of brain injuries
Common insurance challenges in Alberta
Average settlement amounts for brain injuries
Alberta-specific rules and deadlines
Steps to take immediately after a head or brain injury
How a lawyer helps with brain-injury claims

What Counts as a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when external force damages the brain. This can result from direct impact, rapid acceleration/deceleration, or penetration by a foreign object. TBIs range from concussions to severe brain damage requiring lifelong care.

Common Types of Brain Injuries:

Concussion (Mild TBI)Often caused by whiplash or impact in a collision. Symptoms include dizziness, headaches, memory issues, and fatigue—even if scans appear normal.
Moderate TBIInvolves longer loss of consciousness or memory, sometimes leading to permanent concentration or mood difficulties.
Severe TBIOften results in loss of independence, cognitive decline, or physical disabilities.
Diffuse Axonal InjuryCaused by rotational forces tearing brain fibers, common in high-speed crashes.
Open or Penetrating Head InjuryOccurs when an object fractures the skull and damages brain tissue.

Common Insurance Challenges in Alberta

Brain injuries are invisible to the eye—and insurers use that to their advantage. They may question the diagnosis, deny long-term symptoms, or insist that cognitive changes are unrelated to the accident.

1

Downplaying Concussions

Suggesting symptoms are exaggerated or unrelated to the crash.

2

Relying on Biased Medical Exams

Insurer-retained doctors may claim you've fully recovered after a few weeks.

3

Delaying Neuropsychological Testing

Without timely assessments, memory and attention problems are harder to prove.

4

Misclassifying the Injury

Some insurers incorrectly categorize TBIs as 'minor' to apply Alberta's injury cap.

5

Offering Low Settlements Early

Early offers often exclude compensation for future cognitive or emotional complications.

Key point: We know these strategies well because we used to defend insurers. Today, we use that insider knowledge to anticipate and dismantle their arguments.

Average Settlement Amounts for Brain Injuries in Alberta

No two brain-injury claims are identical. Settlements depend on the severity of your injury, your age, employment history, and recovery potential. Alberta settlements generally fall within these broad ranges:

Mild Traumatic Brain Injury (Concussion)

Typically $50,000 to $150,000, covering pain, suffering, and short-term wage loss.

Moderate Brain Injury

Usually $200,000 to $800,000, reflecting longer rehabilitation, income loss, and ongoing symptoms.

Severe or Catastrophic Brain Injury

Commonly $1 million to $5 million+, including lifetime attendant care, home modifications, and lost earning capacity.

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Steps to Take Immediately After a Head or Brain Injury

The first days and weeks after a brain injury are critical—for both your recovery and your legal claim.

Get Immediate Medical Attention

Even mild concussions need medical documentation.

Request Diagnostic Imaging and Specialist Referrals

Neurologists and neuropsychologists can confirm the extent of your injury.

Track Your Symptoms

Keep a journal of headaches, fatigue, emotional changes, or cognitive lapses.

Avoid Making Recorded Statements to Insurers

Your words may later be used to downplay symptoms.

Contact an Alberta TBI Lawyer Early

These claims require medical, vocational, and neuropsychological evidence that only experienced counsel can coordinate.

How a Lawyer Helps With Brain-Injury Claims

Brain-injury claims are medically and legally complex. Symptoms may fluctuate, and insurers often exploit any gap in medical proof. A lawyer ensures that your case includes the expert evidence needed to show the full impact of your injury.

Gathering Expert Reports

Neurologists, neuropsychologists, and life-care planners provide objective evidence of impairment.

Documenting Cognitive and Emotional Losses

We work with family and employers to describe how the injury changed your daily life.

Calculating Long-Term Costs

Economists project lost income, rehabilitation, and caregiving expenses over decades.

Negotiating from Strength

Our experience defending insurers means we know when to push and when to litigate.

Handling All Communication

We shield you from insurer tactics so you can focus on recovery.

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Frequently Asked Questions

Conclusion

A traumatic brain injury can permanently alter your health, career, and quality of life—but with the right legal support, you can secure the financial resources needed to move forward.

Get prompt medical assessment and follow-up care

Keep detailed records of symptoms and expenses

Don't settle before your condition stabilizes

Hire an experienced lawyer early

Still have questions? Contact us today — your consultation is free.

Call or text us today for a free consultation. No fee unless we win.