Head injuries often result in high-dollar auto insurance payouts. Explore compensation amounts from real Arkansas car accident lawsuits.
Head injuries caused by auto accidents can vary from minor cuts and bruises to catastrophic brain injuries. Severe head injuries are high-dollar insurance cases due to the extensive losses suffered by the victim.
The average settlement for a moderate head injury in Arkansas is $38,779. Payouts can range from $5,500 for minor injuries to over $2.9 million for severe traumatic brain injuries.
Average Arkansas Head Injury Settlements
We analyzed payout information from actual car accident head injury cases in Arkansas. Our sample group does not include wrongful death cases, or cases that did not receive a settlement or were lost at trial.
Average Payouts by Injury Severity |
|
|---|---|
| Minor Head Injury | $8,500 |
| Moderate Head Injury | $38,779 |
| Severe Head Injury | $1,500,000 |
Range of Payouts by Injury Severity |
|
| Minor Head Injury | $5,500 – $10,000 |
| Moderate Head Injury | $14,500 – $78,600 |
| Severe Head Injury | $85,000 – $2,900,000 |
How Head Injury Settlements are Calculated
Minor injury settlements are calculated by adding up the victim’s medical treatment costs, lost wages, and out-of-pocket expenses (for transportation, medical aids, replacement services, etc.), with an added amount to compensate for pain, suffering, and emotional distress.
Medical expenses for severe head injuries may include the cost of life-flight transport to a trauma center, emergency surgery, weeks in intensive care, and extensive rehabilitation services.
Serious head injury claims should be handled by an experienced car accident attorney. They will seek compensation for lost earning capacity, future medical and rehabilitation costs, loss of consortium, and more. Severe head injury victims may require assistance for the rest of their life.
Average Medical Costs for Common Head Injuries
Serious accident victims usually sustain multiple injuries in the crash. Fair compensation will include treatment costs for all accident-related injuries, not only head injuries.
- Facial Injuries: Treatment expenses for bruises, cuts requiring stitches, and broken facial bones can run from $1,300 for an emergency room visit for a few cuts and bruises to $8,000 for a broken nose. A broken jaw requiring surgical repair will cost between $10,000 and $30,000. Reconstructive facial surgery can run as high as $350,000, including nursing care, anesthesia, and hospital costs.
- Minor Concussions: Concussions are a type of brain injury caused by the brain being jolted against the inside of the skull during a collision. The average cost of a mild concussion is approximately $800, although the cost will rise with the additional expense of an MRI or CT scan.
- Skull Fractures: Conservative non-surgical treatment of a fractured skull with a mild to moderate concussion with emergency room costs, X-rays or CT scans, and a few follow-up visits will cost $2,000 to $5,000. Severe skull fractures that require emergency surgery cannot be considered separately from treatment for traumatic brain injuries.
- Traumatic Brain Injuries (TBI): The cost to treat moderate to severe traumatic brain injuries can range from a few thousand dollars to well over $100,000 for emergency treatment, which may include brain surgery to remove fractured bone or blood clots and an extended stay in a critical care unit. Inpatient rehabilitation will cost an additional $46,000 or more.
Factors Affecting Head Injury Payout Amounts
Other factors that impact injury payouts in Arkansas include:
- Injury Severity – Serious brain injuries and facial disfigurement cases will not only have higher medical expenses, but the permanent nature of the injuries will also justify higher pain and suffering compensation.
- Shared Fault – Arkansas is a modified comparative negligence state. You can file an injury claim against the other party so long as you are less to blame for the crash than the other party. If you are equally or more to blame, you won’t be eligible for compensation.
- Auto Policy Limits – Arkansas mandates all drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and a $25,000 property damage liability. The minimum limits may not be enough to cover severe injury claims.
- Uninsured Motorist Coverage – Arkansas requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. Drivers who purchase UM and UIM insurance will have recourse for serious injuries caused by a hit-and-run, or someone with no insurance or not enough insurance.
- Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when more than one victim is seriously injured.
- Venue and Jurisdiction – The insurance company will often offer more to settle a potentially high-dollar injury case when it’s filed in a court jurisdiction known to award higher jury verdicts to injury victims.
- Punitive Damages: Punitive damages (meant to punish the at-fault party for egregious negligence) can only be awarded by a judge or jury in a court trial. Arkansas law limits punitive damage awards to the greater of $250,000 or three times the compensatory award, not to exceed $1 million.
Frequently Asked Questions
Minor Head Injury Case Examples
Minor head injuries may include a bump on the head, headaches, scratches or bruises to the face or head, and a bloody nose or split lip. Minor head injuries will heal within a week or so, with little medical care after the initial visit on the day of the crash.
Passenger Suffers Post-Traumatic Headaches
Type of Injury: Cervical strain in neck and post-traumatic headaches
Type of Accident: Rear-End
Award/Settlement Amount: $5,500
Case Summary: Defendant rear-ended a vehicle in which plaintiff was a passenger. Plaintiff claimed that she suffered chronic strain in her neck and post-traumatic headaches as a direct result of the collision. Defendant admitted liability but contended that plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury returned a plaintiff verdict for $5,500. Per counsel, plaintiff’s credibility and the credibility of her treating physician were an issue in the case. Plaintiff had been involved in a prior motor vehicle accident and her treating physician had stated that she would have permanent neck pain and headaches from that accident. He subsequently testified that the prior injuries had fully resolved.
Location: Pike County, Arkansas
Case Name and Docket Number: Turley v. Young, G121524
Jaw Injury with TMJ Dysfunction
Type of Injury: Soft tissue injuries to her neck and upper back and TMJ dysfunction
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff’s automobile was the third vehicle in a line of traffic stopped at a traffic light. Defendant rear-ended one of the vehicles in the group of vehicles, causing a chain reaction. Plaintiff’s vehicle sustained front and rear-end damage. Plaintiff said that she sustained soft tissue injuries to her neck and upper back and TMJ dysfunction as a direct result of defendant’s negligence. Defendants contended that plaintiff had a pre-existing condition and that the impact was slight and, therefore, could not have caused all of plaintiff’s complaints. Case settled for $10,000 on the first day of trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Davis v. Metropolitan Emergency Medical Services, 60-CV-2013-03103
Head Trauma with Subdural Hematoma Requiring Surgery
Type of Injury: Head injury-Subdural hematoma; swelling in legs.
Type of Accident: Side-Impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff drove his vehicle into a parking garage. Defendant backed out of a parking space into the path of plaintiff’s vehicle, striking it on the passenger side between the front and rear doors. Both sides stipulated that impact occurred at approximately 5 to 10 m.p.h. Plaintiff claimed he suffered subdural hematoma requiring surgery which resulted in swelling in legs. Plaintiff was involved in a prior accident three weeks earlier and a third accident one month later. Defendant did not admit liability, but did not seriously contest it. Defendant argued that plaintiff’s injuries were proximately related to the prior accident. Jury returned a plaintiff verdict for $10,000. Per Counsel, Plaintiff’s hospital records from the prior accident reflected head trauma, headaches and a slight concussion, which significantly impacted the outcome.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Greenwood v. Rainey, 13CV-06-6
Moderate Head Injury Case Examples
Moderate head injuries include traumatic brain injuries in the form of a bad concussion, severe headaches, and lacerations to the face or head requiring stitches. Moderate head injuries will take longer to heal, and you may be out of work for several weeks or a few months until you recover.
Headaches with Neck and Back Pain
Type of Injury: Neck, back, and shoulder pain; headaches
Type of Accident: Rear-End
Award/Settlement Amount: $14,500
Case Summary: Plaintiff was involved in three separate motor vehicle accidents. In the first, plaintiff was a passenger on a bus when defendant rear-ended the bus. Plaintiff claimed she saw a doctor for headaches afterwards and was under a doctor’s care for approximately a month. In the second, Plaintiff’s automobile was struck from behind by defendant 2 at an intersection. Plaintiff said this time she was treated for neck and back problems. In the last collision, plaintiff claimed she was a passenger in an automobile that was rear-ended by defendant 3. She argued that as a result of that accident she had headaches and neck and back pain. In their separate answers, defendants denied all allegations. Defendants subsequently agreed to settle the claims for $14,500 prior to trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Chandler v. Penn, 3:12-cv-00104-BRW
Persistent Headaches and Soft-Tissue injuries
Type of Injury: Soft tissue neck injury, headaches and aggravation of a pre existing back injury.
Type of Accident: Side-Impact
Award/Settlement Amount: $17,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same street. Defendant entered an intersection controlled by a traffic light. As the light turned yellow, plaintiff entered the same intersection in the opposite direction. Unable to stop, plaintiff proceeded through the intersection and was struck by defendant, who was making a left turn. Plaintiff suffered soft tissue neck injury, headaches and aggravation of a pre existing back injury. Defendant contended that he proceeded to make the left turn to avoid getting “hung out” in the intersection once the light turned red and that he had almost completed the turn when the collision occurred. Jury found for Plaintiff in the amount of $17,000.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Andrew v. Overbey, 2:08cv2115; 2:08-cv-02115
Head Injury with Hospitalization for Dizziness
Type of Injury: Head injury resulting in dizziness
Type of Accident: Side-Impact
Award/Settlement Amount: $45,000
Case Summary: Defendant, who was intoxicated and driving on a suspended license, was driving through a residential area in a 25 m.p.h. speed zone at 40 m.p.h. He drove through a red light at an intersection and broadsided plaintiff’s vehicle. Defendant continued to drive for 200 feet, exited his vehicle, and fled from the scene. He pled guilty to felony hit-and-run. Plaintiff claimed he suffered an injury to his head resulting in dizziness requiring hospitalization for two-three days for observation. Defendant contended that the fact that he was driving on a suspended license and fled the scene of the accident was irrelevant to whether he was negligent in striking plaintiff’s vehicle. Jury returned a plaintiff verdict for $45,000.
Location: Arkansas County, Arkansas
Case Name and Docket Number: Campbell v. Katona, F600793
General Head and Neck Injuries
Type of Injury: General head and neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $78,616
Case Summary: Plaintiff’s pickup truck was rear-ended by an 18-wheeler tractor-trailer driven by an employee of defendant. Plaintiff claimed head and neck injuries and $21,544.60 in lost wages as a result of the accident. Defendant did not seriously dispute liability but vigorously disputed the extent of Plaintiff’s claims of lost wages. Defendant moved for a directed verdict contending that there was insufficient evidence to calculate past and future wage loss. But the Court denied the motion. The Jury ruled in favor of the Plaintiff, awarding damages in the amount of $78,615.80.
Location: Washington County, Arkansas
Case Name and Docket Number: Thurmond v. Peterrie, 00-CIV-958
Severe Head Injury Case Examples
Severe auto accident injuries may be life-threatening and potentially disabling, such as traumatic brain injuries, spinal cord damage, internal injuries, and extensive fractures requiring surgery. Victims typically suffer injuries to multiple body parts and systems.
Victims who survive severe injuries may never fully recover from the collision. If they are able to return to work at all, it may be in a diminished capacity.
Closed Head Injury with Post-Concussive Syndrome and Headaches
Type of Injury: Closed head injury; soft tissue neck injury; post-concussive syndrome; post-concussive headaches
Type of Accident: Head-On
Award/Settlement Amount: $85,000
Case Summary: Defendant was driving the third vehicle in a line of vehicles. The first vehicle made a left turn. The second vehicle slowed or stopped and defendant struck this vehicle, pushing it into oncoming traffic where it struck plaintiff’s vehicle head-on. Plaintiff suffered a closed head injury, soft tissue neck injury and post-concussive syndrome resulting in post-concussive headaches. The driver of the second vehicle was initially named a defendant, but was dismissed several months prior to trial. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff’s injuries were not as severe as she alleged. Plaintiff received $85,000 in a jury verdict.
Location: Boone County, Arkansas
Case Name and Docket Number: Mains v. Wice, 12CV-06-7
Severe Brain Injuries Resulting in Stroke
Type of Injury: Brain injury resulting in Stroke
Type of Accident: Side-Impact
Award/Settlement Amount: $2,900,435
Case Summary: Plaintiff and another individual were passengers in a vehicle driven by Defendant. Defendant failed to slow or stop at an intersection. The vehicle went down an embankment and struck a tree. Plaintiff and defendant were severely injured and the third person in the car was killed. Defendant pled guilty to involuntary manslaughter and was sentenced to prison. Plaintiff suffered a stroke shortly after this accident due to his brain injury. Plaintiff alleged defendant was speeding and driving recklessly. Defendant contended he did not see the stop sign and argued that he had been punished enough by his incarceration. However, Judge directed a verdict against defendant on the issue of liability. The case proceeded to the jury on the issue of damages only. Jury awarded plaintiff $2,900,435.
Location: Sebastian County, Arkansas
Case Name and Docket Number: Sanderford v. Waste Management, Inc., 17CV-10-438
Methodology
We researched a group of real lawsuits filed on behalf of Arkansas car accident victims who suffered from a variety of head injuries as a result of the accident.
Averages are calculated by adding the payouts for each case in a group, then dividing the total by the number of cases in the group. Payout amounts are rounded in the average and range sections.
When cases include more than one injured victim, we used the highest settlement for a single victim to avoid overstating the amount an individual claimant might recover in similar circumstances.