Item: Miller & Zois, Attorneys at Law
Rating: 5
Author: Terry Waldron

Brain injuries from automobile accidents are one of the most serious and life-altering injuries a person can suffer. Even so-called mild traumatic brain injuries (MTBIs) can have devastating, long-term effects on memory, concentration, and daily life. Our lawyers have handled scores of mild traumatic brain injury lawsuits and understand how to maximize the settlement value in these cases.

This page is dedicated to explaining how mild traumatic brain injury settlements in car accidents work—and more importantly, how to fight for the full compensation you deserve. Unfortunately, there is no TBI settlement calculator that can instantly tell you what your case is worth. Brain injuries are complex, and every case is different. We break down the key factors that impact settlement payouts and what you can do to build a stronger claim.

Our law firm has handled scores of brain injury lawsuits involving car, truck, and motorcycle accidents. We understand the medicine, the science, and most importantly, how to convince an insurance company—or a jury—of the true cost of a traumatic brain injury.

If you have suffered a concussion or brain injury in a car accident, you need a lawyer who knows how to take these cases to trial and win. Call 800-553-8082 or request a free online consultation to discuss your case.

Why Brain Injury Cases Are High-Stakes Lawsuits

The brain is the control center of the body. It regulates everything from basic motor functions to emotions and critical thinking. A traumatic brain injury disrupts this system, often in ways that are not immediately obvious. Some symptoms—like confusion, dizziness, or headaches—might seem minor at first but can worsen over time, leading to long-term cognitive and emotional difficulties.

What many people do not realize is that mild traumatic brain injury is a misleading term. The brain itself is soft, almost Jell-O-like in texture. Unfortunately, it is easily damaged when shaken or impacted in a car crash. Just because a brain injury doesn’t show up on an MRI or CT scan doesn’t mean it isn’t real. In fact, research confirms that between 15% and 30% of mild TBI patients experience long-term cognitive, mood, and physical impairments that persist beyond one year post-injury. These symptoms—chronic headaches, dizziness, memory loss, and depression—can severely impact daily life, employment, and overall well-being.

This is why securing a fair traumatic brain injury settlement is critical. Insurance companies love to downplay concussions, often dismissing them as “mild” injuries with temporary effects. But studies show that mild TBIs can cause permanent damage in at least 15% of cases, with some patients never fully recovering. The sad reality is that the brain does not heal like a broken bone. Once injured, neurological damage can linger for months or years, affecting a person’s ability to work, maintain relationships, or even handle day-to-day tasks. This is why understanding the true cost of a concussion—and fighting for fair compensation—is so important in brain injury cases.

Mild Traumatic Brain Injury Claims

Symptoms of a traumatic brain injury can be mild, moderate, or severe, depending on the extent of the damage to the brain. Some symptoms appear immediately while others do not surface until some time after the accident. A person with a mild traumatic brain injury may also feel dazed or out of sorts for days or even weeks after the initial injury.

Other symptoms of a mild brain injury include a headache, light-headedness, mild confusion or memory loss, dizziness, blurred vision or tired eyes, fatigue, difficulty sleeping, and mood or behavioral changes.

The problem with the phrase mild traumatic brain injury (MTBI) is that these injuries can sometimes be anything but mild. You have to remember that the brain is not much harder than Jell-O. The brain is approximately 75% water.

In a crash, it moves within the skull, bouncing off the hard and sharp bony ridges on the base of the skull. The patient’s brain injury is often caused by the movement of the brain inside the skull. So when an acceleration and deceleration happens quickly, our brain is shaking in your head such that the front of your brain hits the skull, and then the back of your brain hits the skull.

That can cause a real injury. Early MTBI symptoms may at first appear mild—we have clients that do not know that they are badly hurt—but lead to significant, lifelong impairment in a person physically, cognitively, and psychologically.

It is not a lawyer-generated theory that mild traumatic brain injuries can cause permanent injury. It is a medical fact that it occurs in approximately 15% of MTBI cases. But the medical definition of mild is different from the ones we use as lay people.

Defining Mild Traumatic Brain Injury for a Jury

Plaintiff goes first by giving an opening statement. It is critical that the jury is fully prepared for the fact that the definition of a mild traumatic brain injury—according to all of the experts that will testify on both sides—can include injuries that can shatter a person’s life.

It sets the jury straight and embarrasses the defense lawyer into not trying to overplay the word “mild” when describing the injury. The reality is that many people with mild traumatic brain injuries struggle to return to work or even perform routine daily activities. The financial burden of these injuries is staggering—MTBI costs the nation nearly $17 billion each year, according to the CDC.

But this figure does not even account for the personal costs victims endure, from lost income to ongoing medical treatments. Defense lawyers may try to minimize these injuries, but the reality is that these cases cause incredible pain and suffering and hardship.

FAQs About Concussion and Brain Injury Settlements

What Is the Average Payout for a Concussion in a Car Accident?

There is no one-size-fits-all settlement amount. Everyone online is searching for one but you will not find the appropriate settlement payout for your case no matter how hard you look. That said, mild concussion settlements in car accidents can range from $50,000 to $300,000, while severe cases—especially those with post-concussion syndrome—can go into the millions. The key to maximizing your settlement is proving how your concussion affects your daily life.

Insurance Companies Don’t Want You to Know This About Concussion Settlements

Insurance adjusters love downplaying concussions, calling them “mild” and ignoring long-term symptoms like memory loss and chronic headaches. They are the “experts” on what settlement payouts should be and some people, including lawyers who should know better, get roped into that way of thinking. The word mild does mean what it sounds like medically. Insurance companies really take advantage of that.

What Is an Insurance Company Trick to Reduce Settlement Payouts?

Insurance companies have a favorite move. They argue that if your concussion did not show up on an MRI or CT scan, it doesn’t exist. This is complete nonsense. Most concussions and even some serious brain injuries do not appear on standard imaging.

Can You Sue for a Concussion After a Car Accident?

Absolutely. If another driver’s negligence caused your concussion, you have the right to seek compensation. A concussion lawsuit settlement often depends on proving the full impact of your injury—don’t let an insurance company dismiss your case.

What Is Post-Concussion Syndrome, and How Does It Affect Settlement Value?

Post-concussion syndrome (PCS) can last for months or years, leading to cognitive issues, headaches, and emotional struggles. The settlement value for post-concussion syndrome in a car accident is often significantly higher than for a single concussion because of long-term disability.

What Are the Biggest Mistakes People Make in Concussion Lawsuits?

Not seeking medical treatment immediately. A delay in diagnosis gives the insurance company ammunition to argue your injury was not caused by the crash. Even if you feel oka” right after an accident, concussions often take hours or days to show serious symptoms. Getting checked out by a doctor right away protects both your health and your claim.

What Is the Second Biggest Mistake?

Accepting the first settlement offer (it is always too low), not getting a second medical opinion, ignoring long-term symptoms like headaches or memory loss, waiting too long to file a lawsuit, and not hiring the best accident lawyer you can find who is experienced in traumatic brain injuries.

Can You Get a Settlement for a Mild Concussion Without Losing Consciousness?

Yes. Many people with mild concussions do not pass out, and insurance companies try to use that against them. But loss of consciousness is not required to prove a brain injury. Medical records, witness statements, and expert testimony can establish your claim.

What’s the Highest Traumatic Brain Injury Lawsuit Settlement Ever Paid?

The highest traumatic brain injury settlement we have ever seen was for $60 million. But, really, that is the wrong question, right? Your focus should be on the path to get the most compensation possible for what you have been through.

What’s the Difference Between a Car Accident Concussion Settlement and a Whiplash Settlement?

Concussions and whiplash often go hand in hand, but concussion claims focus on brain damage while whiplash settlements deal with soft tissue injuries in the neck. The combination of both injuries can significantly increase a settlement value.

Do I Need a Lawyer to Get a Concussion Insurance Payout?

If you want a fair payout in a traumatic brain injury lawsuit the anwser is almost certainly yes. Insurance companies will try to lowball you. A concussion insurance settlement offer without a lawyer is often a fraction of what your case is worth. A skilled attorney can negotiate a much higher amount or take your case to trial if the insurance company will not step up and offer a fair settlement amount. (The only exception might be in cases where the policy limits are extremely low. But even in those cases, you sometimes need a lawyer to handle the settlement and the medical liens.)

Why Do So Many Brain Injury Claims Get Denied?

Insurance companies deny concussion claims because the injury was not diagnosed immediately, the MRI or CT scan did not show obvious damage, they claim symptoms are just stress or pre-existing or they think mild concussions do not justify a big payout (or all of the above) Having the best lawyer fight back against these tactics can make all the difference in getting a fair settlement. Because these arguments rarely work well in front of a jury.

Severe Traumatic Brain Injury

A person that has suffered a more serious traumatic brain injury typically presents with more immediate symptoms, including memory loss, seizures, slurred speech, loss of consciousness, coordination deficiencies, and erratic emotions or mood swings.

Because head injuries are the most serious injuries you can suffer in an automobile accident, any suspicion of a brain injury necessitates emergency medical care.

Serious traumatic brain injury car and truck accident cases are more likely to cause lifelong harm than MTBI accident claims. Victims are more at risk for future complications such as a stroke. Why do we spend more time talking about these “mild” brain injuries as opposed to the more severe? With a more severe injury, there are fewer insane arguments from defense lawyers.

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These cases are still a complex challenge to piece together. But you do start off settlement negotiations or jury trials in serious TBI cases with a presumption from the insurance adjuster or jury that this is a serious problem that can have life-altering consequences.

Brain Injuries in Car and Truck Accidents

According to the Brain Injury Association of Maryland, 40% of over 5,000 traumatic brain injuries in Maryland every year are from auto, truck, and bike accidents.

Women bear the brunt of these injuries more often then men. A brain injury in a car crash typically occurs from a violent blow to the head when the driver or a passenger’s head collides with an inflexible object, usually the steering wheel, side door or window, or windshield of the car.

As you might expect, brain injuries are more common in head-on or side-impact car accidents than in rear-end auto accidents.

Coup-contrecoup car accident injuries
Brain stem injuries
An overview of traumatic brain injury cases

Other Issues Dealing with Brain Injury Claims

In litigation, the defense lawyers generally push the argument that the brain injury is not as serious is the plaintiff’s attorney is arguing. One big weapon they are often given in these cases to push this narrative is the fact that the brain injury was not immediately diagnosed.

But delayed diagnosis does not mean the patient does not have a brain injury. There are many explanations as to why a brain injury may not be immediately diagnosed. Often, the patient’s symptoms are not noticed or do not become manifest until well after the crash, particularly in closed head injury cases where the victim suffered other injuries that may be more readily apparent.

Why is this? Often, the doctors are dialed in on other more obvious injuries. Often these patients are giving pain medication which doctors misattribute to the drug’s effects. Most commonly, the onset of brain injury symptoms is delayed and later the patient symptoms such as seizures, loss of memory, a stroke, and sleep or learning issues.

Defense attorneys also jump on a brain injury plaintiff’s good days. In other words, the lawyer will seek to get the jury to judge the victim by her best day. The reality is — and there is a lot of science to back this up — daily variability in functioning and symptom severity is common following traumatic brain injury. So some days will be good days.

Other Issues Dealing with Brain Injury Claims

For personal injury lawyers in Maryland handling serious brain injury cases, there are practical litigation issues that also need to be considered in these cases. Often, the injured victim needs a next friend or guardian, usually a parent, spouse, or adult child to act on their behalf with a limited or durable power of attorney.

This is because the brain injury patient may have the ability to reason or make judgments regarding the administration of their personal injury case and more fundamental details of personal financial decisions and management. (This is also true in medical malpractice cases for birth injuries – particularly CP – not caused by trauma.)

Our attorneys assist our clients not only in dealing with their personal injury case against the negligent driver but also in the helping the victim and their family with the legal and administrative details they will certainly face.

Mild Traumatic Brain Injury Settlements

In Maryland, there have been a few recent verdicts with favorable outcomes for plaintiffs. Keep in mind that the only settlements on here are ours. Most of the good cases settle long before trial.

2024, Washington: $2,100,000 Verdict. The plaintiff was proceeding through an intersection on a green light when the defendant ran a red light an collided with him. The plaintiff reported damages including a traumatic brain injury with cognitive difficulties, speech impairment and post-concussive symptoms including headaches. The verdict included just $13,000 in past medical expenses and $2 million for pain and suffering.
2023, Maryland: $325,000 Verdict. An electrical engineer was involved in a collision with a Baltimore police cruiser at an uncontrolled intersection in Baltimore. Suffering head, neck, back, and shoulder injuries, he sued the Mayor and City Council of Baltimore for negligence. The accident occurred when the police officer, attempting a left turn across traffic without activated lights or sirens, failed to yield to the engineer’s vehicle. The court found the officer liable. The engineer’s hospitalization led to claims of a traumatic brain injury with lasting effects, shoulder impingement, and soft tissue injuries, partly resolved after two months of therapy. Despite his claims of cognitive and physical impairments impacting his work and lifestyle, including no longer being able to engage in sports or poetry readings, he sought $820,000 in noneconomic damages. The defense contested the brain injury and deemed the damages request excessive, suggesting $20,000 instead. The jury awarded $325,000 in noneconomic damages following a three-day trial.
2023, Virginia: $5,000,000 Settlement. A 54-year-old man who had recently recovered from cancer was struck by a city-owned vehicle while crossing in a clearly marked crosswalk. Initially refusing medical help, he soon showed signs of a mild traumatic brain injury, which led to, as it often does, chronic depression and PTSD. His condition worsened, leading to a diagnosis of secondary post-traumatic hydrocephalus related to the TBI, for which he underwent surgery to insert a shunt. The traumatic brain injury also contributed to severe growth hormone deficiency and post-traumatic hypersomnia. The case was settled in mediation for $5 million before reaching trial.
2023, New Jersey: $65,000 Settlement. The plaintiff, a minor, was a passenger in a vehicle that was traveling east near an intersection when it was struck by a vehicle driven by the defendant. The plaintiff suffered a traumatic brain injury with paraplegia and PTSD. This was presumably a policy limits settlement because this less than what you would expect for even a mild concussion settlement.
2022, California: $300,000 Verdict. The plaintiff, a 48-year-old female, was driving through an intersection on a green light when the defendant, driving a box truck, ran his red light and struck her. The plaintiff reportedly suffered a traumatic brain injury and various orthopedic injuries, including a fractured right finger, as well as migraine headaches. The verdict included $150,000 for past medical and $65,000 for future medical expenses.
2021, New Jersey: $100,000 Settlement. The plaintiff, a minor female pedestrian, claimed she suffered permanent injuries including traumatic brain injury, a probable labral tear in her right hip, and injuries to her right and left knees when she was struck by a vehicle driven by the defendant while she was crossing a street.
2020, Maryland: $75,125 Verdict. A 41-year-old pedestrian was struck at a Bethesda intersection. She suffered a concussion, spinal sprains and strains, and right-sided bruising. The woman underwent physical therapy for her right-sided bruising and chiropractic therapy for her spinal injuries. Her symptoms resolved after four months. However, the woman’s neck and back pain returned several months later. She underwent chiropractic treatments and spinal injections. The woman also underwent a neck ablation. Her chiropractor testified that her injuries were permanent. The woman filed a tramaatic brain injury lawsuit that alleged that the at-fault driver’s negligence caused them. A Montgomery County jury awarded her a $75,125 verdict.
2019, Maryland: $271,000 Verdict. A man was rear-ended on I-270. He suffered a mild traumatic brain injury, a concussion, and spinal injuries. He developed post-traumatic headaches. The man alleged that the at-fault driver’s negligence caused his severe injuries. He claimed he failed to pay attention to the road and control his vehicle. The defense admitted liability. However, they also disputed the man’s injuries. A Montgomery County jury awarded $271,000.
2018, Maryland: $3,852,192 Verdict. A man parked on the shoulder of I-695 to repair a flat tire. He was struck by a tractor-trailer. The man suffered a traumatic brain injury, head lacerations, a left heel fracture, a left big toe fracture, and road rash. He developed cognitive impairments. The man now required lifelong medical treatments. He hired a traumatic brain injury lawyer who alleged that the truck driver’s negligence caused the injuries. Thelawsuit also alleged that the truck driver’s employer negligently allowed their employee to drive while fatigued. The defense admitted liability but disputed the injury claims. A Baltimore City jury awarded $3,852,192.
2017, Maryland: $315,560 Verdict. A 69-year-old passenger was rear-ended on I-195. She suffered a contrecoup temporal lobe injury, intracerebral hemorrhaging, a vertex injury, T9 and L3 fractures, an L1-L3 herniation, an L4-5 facet injury, contusions, and muscle bruises and strains. The woman was left with permanent brain damage and left-handed flexion deformities. She alleged that the at-fault driver’s negligent lane change caused her permanent injuries. The woman also made a UIM claim against Safeco. A jury awarded her $315,560.
2016, Maryland: $1,883,383 Verdict. A 19-year-old man was involved in a chain-reaction collision. He suffered a traumatic brain injury, facial lacerations, laryngeal abrasions, and the aggravation of his pre-existing lumbar injury. The man also developed a cognitive disorder, post-traumatic stress disorder, mood disorder, and post-traumatic headaches. He underwent physical therapy, chiropractic treatments, lumbar rhizotomies, and psychotherapy. The man alleged that the at-fault driver’s negligence caused his permanent injuries. The defense disputed liability. A Prince George’s County jury awarded $1,883,383.
2014: Maryland $340,000 Verdict. Plaintiff suffered a mild TBI closed head injury. He largely walked away from the accident but later had problems with his memory. GEICO denied he had any brain injury at all and argued the guy was faking the whole thing. The pre-trial offer was $0. Miller & Zois handled this case.
2012, Maryland: $257,002 Verdict. A motorist receives a mild traumatic brain injury in a crash, as well as a few broken ribs and back pain. The defendant, the uninsured motorist insurer, admitted coverage and liability but disputed the extent of brain injury.
2010, Maryland: $295,156 Verdict. A Baltimore County jury returned a verdict for a driver who was rear-ended at a stop light. He received a mild traumatic brain injury and an exacerbation of his attention deficit disorder.
2010, Maryland: $300,000 Verdict. An MRI revealed that an auto accident victim suffered a mild traumatic brain injury. Plaintiff proved her condition using expert testimony, and a Prince George’s County jury awarded her past and future medical bills and permanent pain and suffering.

Maryland Traumatic Brain Injury Lawyers

One thing is for sure. Hiring a lawyer for a brain injury case is different from hiring a lawyer for a general, garden-variety personal injury case. You need a law firm that has handled these claims and has tried those cases – preferably successfully – to a verdict. Miller & Zois is that firm.

If you have a case in Maryland and you want a brain injury lawyer who knows the science of these cases and how to take them to trial, call 800-553-8082 or get a free online consultation here.

Brain Injury Information and Cases Our Lawyers Handle

Sample opening statement in traumatic brain injury case: we are not just talking about brain injury cases – we are trying them
- Closing statement in TBI case
- Rebuttal statement
Direct examination of a neurologist in car accident claim
Brain injuries from birth
CSF leak brain injury cases
Facial bone fractures: a brain injury marker
Shaken baby syndrome
Difficult delivery claims
Brain injury medical malpractice cases
Diffuse Axonal Brain Injuries

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They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron

Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson

Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens

The last case I referred to them settled for $1.2 million. John Selinger

I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer

The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen

The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa

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