If you’ve experienced a concussion in an auto wreck in Oklahoma, then you are probably trying to figure out how much money your concussion case will bring you. While every concussion case is unique and different, the amount of money received in a concussion settlement is usually based on many factors. One major issue is understanding what contributes to the cost of your concussion and what might differ due to the laws of Oklahoma. Understanding both of these concepts will enable you to make smart choices about your concussion case rather than accepting the first settlement offered.
Call Now
Send TextContact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Understanding Concussions and Mild Traumatic Brain Injuries
What is a concussion?
A concussion is a type of traumatic brain injury (TBI). When a person experiences a sudden movement of their brain while in their skull as a result of a collision, such as a Car crash, it results in a concussion. A concussion occurs in one of two ways:
Whiplash: whiplash occurs when a person’s head rapidly snaps back-and-forth during a crash.
Coup-contrecoup impact: coup-contrecoup impact is caused when the brain hits the front wall of the skull and then bounces off and strikes the rear wall.
Although you may not strike your head against the steering wheel or windshield to experience a concussion, you can still suffer a concussion as a result of the force generated by a crash.
While doctors label concussions as “mild” injuries, they are far from harmless. “Mild” refers to the fact that they are classified clinically; however, they can severely limit your ability to engage in daily activities, including going to work and spending time with loved ones, and alter your brain in ways only a neurologist can tell you.
Symptoms Commonly Associated with Concussions
These common symptoms can be divided into three symptoms:
Physical: Dizziness, fatigue, balance problems, blurred vision, sensitivity to light and noise, nausea, headaches, etc.
Cognitive: Slowed thinking, memory loss, trouble finding words, concentration issues, confusion/disorientation, etc.
Emotional: Anxiety, depression, mood swings/poor judgment/personality changes, Irritability/easily anxious/nervous behavior, etc.
Symptoms may not show up right away. Many people report experiencing concussion symptoms immediately after the Accident. However, some people do not experience concussion Symptoms until hours/days later. Therefore, seeing a doctor immediately after an Accident is crucial regardless of whether you believe you were injured.
Related Article(s)
Understanding the Role of Severity of Symptoms and Compensation in Concussion Settlements
Does an MRI Increase the Settlement Amount in a Personal Injury Case?
Severity Levels of Concussions
Most often, concussions are categorized using a severity level system:
Grade 1 (Mild): no loss of consciousness. All Symptoms resolve within 15 minutes. Typically resolves within 7-14 days.
Grade 2 (Moderate): no loss of consciousness. Symptoms continue for greater than 15 minutes. Resolution may occur over several weeks.
Grade 3 (Severe): any loss of consciousness. Resolution may require extended periods of time (i.e., months). Higher risk of complications.
Additionally, approximately 10%-15% of individuals diagnosed with concussions may go on to develop something called Post-Concussion Syndrome (PCS), where they experience prolonged concussion symptoms for upwards of 3 months. PCS cases are medically and legally more complicated and therefore typically generate larger settlements.
Average Settlement Amounts for Concussions
National Average Values by Severity Level
As previously mentioned, settlement values vary greatly depending upon the individual circumstances surrounding the case. As shown below, we provide an overview of approximate average settlement values across the nation by severity level:
| Severity Level | Typical Range | Average |
| Grade 1 (Mild) | $15,000 to $40,000 | ~$25,000 |
| Grade 2 (Moderate) | $40,000 to $75,000 | ~$55,000 |
| Grade 3 (Loss of Consciousness) | $75,000 to $150,000 | ~$100,000 |
| Post-Concussion Syndrome | $100,000 to $300,000+ | Varies |
| Multiple Concussions | $150,000 to $500,000+ | Varies |
With regard to mild TBIs/concussions nationwide, settlements typically fall in the range of $20,000-$75,000. Severe TBIs/concussions with long-lasting effects on victims’ ability to work and live independently can result in six-figure settlements.
Oklahoma-Specific Factors Influencing Settlement Values
Although Oklahoma does not publicly release information regarding average settlement values for concussions throughout the state, Oklahoma tends to follow similar patterns of settlement values as seen in other parts of the country. Average settlement values for mild concussions in Oklahoma are commonly reported as falling within a range of $20,000 to $100,000.
However, Oklahoma concussion cases do have one significant distinction from others across the nation: their legal structure. To help ensure you obtain the maximum possible settlement in your concussion case, it is essential to understand two critical elements:
Statute of limitations: In Oklahoma, you have only two years from the date of your automobile Accident to initiate a lawsuit seeking damages for your personal injuries. Missing this deadline means you will never be able to seek compensation for your injuries, regardless of how strong your case may appear. Statutes of limitation are strictly followed when filing claims against governmental entities (e.g., city buses or vehicles owned and operated by the state).
Modified comparative negligence: In Oklahoma, modified comparative fault is applied. This means if you are found to be more than 50 percent responsible for causing your own Accident, you will receive zero dollars for damages. If you are determined to be 30 percent at fault for causing your Accident, your damages award will be reduced by 30 percent. Insurance companies representing drivers involved in accidents will nearly always attempt to apportion some percentage of responsibility on behalf of the plaintiff. Your attorney should have sufficient knowledge to properly document and defend your position with respect to liability.
Why ‘Averages’ Can Be Misleading
According to the Brain Injury Association of America, averages for TBI settlement values do little good as benchmarks for determining potential settlement values since the range of outcomes is quite large. Some mild TBI cases begin with low six-figure awards. Other cases may be settled for just $15,000. The differences are rarely related solely to the extent of the injury itself. Rather, it is largely dependent upon documentation provided in support of your claim; quality of representation by counsel; coverage limits available under applicable policies; and numerous other facts unique to each case.
Do not use national averages when determining whether to accept an offer to settle.
Have an attorney evaluate your case.
Get Your FREE & Confidential Case Review Today!
Suffered Traumatic Brain Injury?
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Factors That Influence Concussion Settlement Values
Injury Severity and Time Frame of Symptoms
The longer your symptoms last prior to resolving typically equates directly to increased settlement values. A concussion that resolves in two weeks is clearly less expensive than one that lasts six months or longer. Furthermore, when Symptoms last longer than six months, they can lead to settlements five to ten times larger than medical costs incurred during treatment.
Medical Costs
Documented medical costs are the basis for calculating settlement value. Medical expenses frequently included in concussion claims include:
- Emergency room visit: $1,500 – $5,000
- CT scan: $500 – $3,000
- MRI: $1,000 – $5,000
- Consultation with Neurologist(s): $200 – $500 per consultation
- Neuropsychological testing: $2,000 – $5,000
Medical costs are used primarily as reimbursement for costs incurred in treating your concussion. Medical costs are also utilized as evidence that demonstrates the seriousness with which medical professionals treated your concussion, which may influence an insurer’s willingness to pay for non-monetary damages (pain & suffering).
Lost Income & Decrease In Earning Capacity
The sooner you stop working following a concussion, the faster lost income/wage loss adds up. Lost wages resulting from missed days of work or reduction in hours worked also constitute recoverable items in a concussion case. Moreover, when individuals in high-paying careers or those in highly skilled occupations experience decreased earning capacity due to their concussion, future earnings losses can account for a substantial portion of total damages awarded.
Non-Monetary Damages (Pain & Suffering)
Concussions undoubtedly result in long-term suffering and damage that cannot be measured monetarily but should be compensated financially. Chronic headaches; persistent dizziness; chronic anxiety; chronic depression; poor judgment/mood swings/personality changes that deviate from normal behavior and/or Irritability/easy anxiety/nervousness are examples of non-monetary damages that are intended to compensate victims for harm that cannot be quantified.
Impact of Concussions on Daily Life and Relationships
When your concussion causes you to cease working full-time, participate in hobbies you enjoy, or spend quality time with loved ones as you once did, these decreases in quality of life may factor into the total damages recovered in your concussion case. Courts and juries view these types of impacts as serious violations of quality-of-life issues.
Insurance Coverage and Policy Limits
The amount of the settlement you can obtain will ultimately be determined by the amount of the available insurance. A good example of this is when the person responsible for your accident carries minimal Liability coverage. Even though your Case could be stronger than theirs, if they only have minimal Liability coverage, you will likely have fewer options. The commercial vehicle drivers and operators (e.g., truckers, etc.) usually carry the highest levels of Liability insurance. As such, many times cases involving commercial vehicles end up resulting in bigger settlement awards.
Comparative Negligence and Percentage of Fault
As stated previously, Oklahoma follows the Comparative Negligence law. Consequently, the defendant will try to find a way to place partial responsibility for your accident upon you. Thus, if you were driving at an excessive speed, did not wear your seatbelt, were texting while driving, or engaged in any other activity that contributed to your accident, you will likely see this defense raised. Collecting solid evidence of Liability as soon as possible (including but not limited to police reports, witness statements, and possibly using an accident reconstruction service), will assist in defending your Rights as well as enhancing your ability to maximize your financial recovery.
Documentation and Expert Testimony
Injuries related to concussions are non-visible injuries. So, there is no cast, no bandage or stitches, etc. As such, insurance companies commonly downplay the nature of the injury. Documentation is essential to close that gap. Some Examples include keeping a daily symptom journal starting immediately after the accident; obtaining copies of all medical records and test results; getting written opinions from specialists (such as neurologists or neuropsychologists); and occasionally utilizing specialized testing such as magnetoencephalography (MEG). MEG testing can identify changes within the brain due to trauma, which cannot be identified by a routine MRI.
Your Age and Pre-Existing Injuries
Generally speaking, younger individuals with potentially substantial earning capacity in their futures will typically receive higher settlements for Concussion injuries, especially if the injury has negatively impacted their career path. On the other hand, pre-existing conditions can limit your options. If you had previous head injuries or pre-existing migraine headaches, the insurer will argue that your current symptoms are not solely the result of the accident. However, an experienced attorney can refute this by documenting your baseline (pre-accident state) compared to your post-accident state.
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Calculating How Much You Will Get From a Concussion Settlement
There are generally two types of damage associated with a Concussion settlement: economic damage and non-economic damage.
Economic Damages
These represent tangible/quantifiable expenses:
- past and future medical expenses;
- restorative therapy expenses;
- expenses for assistive devices;
- wages lost due to time missed at work;
- diminished earning capacity (future)
Non-Economic Damages
These involve intangible/human cost of an injury:
- pain and suffering;
- mental distress;
- loss of enjoyment of life;
- loss of consortium (losses to spouses or significant others);
The Multiplier Method
By far, the most frequently utilized method by both insurance companies and lawyers is referred to as the “multiplier” method. Essentially, this involves taking your total economic damages and multiplying them by a figure between 1.5 and 5 (depending upon the level of injury).
Example: If your medical expenses plus wage loss total $20,000 and your injury was relatively serious, an attorney may apply a multiplier of three. Therefore, you would have $60,000 for pain and suffering, increasing your overall settlement to $80,000. More severe injuries or longer-term effects of the injury may require larger multipliers.
Per Diem Method
This method calculates the amount of pain and suffering per day. Often, this is based on how much money you make each day and multiplied by how many days elapse until you reach maximum medical improvement. For instance, if you make $150 per day and it requires 300 days to reach mmi, your pain and suffering aspect of your settlement would equal $45,000.
Policy Limits and Comparative Negligence
Ultimately, whichever calculation method you choose for determining the size of your settlement will be subject to two constraints: your percentage of Fault in contributing to the accident, and the available Liability coverage carried by the person(s) liable for your accident. If you are found 20% at Fault in causing the accident and you suffer damages totaling $100,000, you are entitled to no more than $80,000. Furthermore, if the person liable for your accident only carries Liability coverage of $50,000, that is another cap on your entitlement.
Real-World Examples
Reviewing how similar cases have resolved in real-world terms provides context for understanding why numbers fall within certain ranges.
From cases handled by Edwards & Patterson Law:
- $20k-$80k mild post-concussive syndrome (PCS).
- Closed head MTBI with symptoms that continued to be documented; Case resolved at $300k.
- Severe injury Case including a Concussion among multiple injuries; resolved at $750k.
Reported cases across the country:
- A traffic accident causing a Concussion and PCS results in a $100k settlement.
- A car crash where the victim developed PCS and chronic pain resulted in a $50k settlement.
- Rear-end collision passenger suffers PCS and chronic pain; receives jury award of $337,760.
While reviewing these examples does provide insight regarding what others with similar diagnoses have obtained, it is important to remember that two people diagnosed with the same condition can experience vastly different outcomes dependent upon their documentation, legal representation, and their respective factual circumstances.
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Protecting Your Rights After a Concussion Injury
Seek Immediate Medical Attention
Regardless of whether you think your symptoms are minor, seek out medical attention right away. Failing to do so can result in a dangerous situation for you in case of serious health complications that can go unnoticed, and credible grounds for the insurance company to argue that your injuries were not the direct result of the accident. Your early medical records are critical evidence supporting your claim.
Adhere to Your Treatment Plan
Attend all follow-up appointments ordered by your doctor. Comply with your prescribed rehabilitation and therapy programs. Consume any medications provided to you as directed. Breaks in adhering to your treatment schedule can create additional obstacles for you when pursuing compensation. Insurance companies frequently use them to support their argument that you must not have been seriously hurt.
Document All Events Surrounding Your Injury
Begin keeping a diary of your symptoms starting immediately following the incident. Record what hurts; how severe the discomfort is; how the symptom affected your day; and any activities which you were unable to perform because of the symptoms. Store each bill related to your claims processing; copy each test result; and file all correspondence between you and the insurance company. Also, document all days during which you were required to stay home from work due to your symptoms.
Do Not Rush Into Settling Your Claim
Insurance companies typically extend low offers shortly following an accident before the full extent of your injuries is identified. Although you may feel pressured to accept an offer prior to reaching maximum medical improvement (MMI), doing so could potentially leave you entitled to substantial amounts of money. Individuals who retain attorneys generally recover higher amounts than those who negotiate directly with insurance companies.
Understand Oklahoma’s Statute of Limitations
You have two years following the date of your accident in which to file a personal injury claim within the state of Oklahoma. If government entities were involved in your accident, then the window for filing suit is significantly shorter and includes notice requirements. Do not delay seeking legal counsel regarding your options for recovery.
Establish Liability
Since Oklahoma utilizes a Comparative Negligence system of law, you must establish that you were less than 50 percent at Fault in order to pursue any type of recovery. Gather police reports; photograph the scene of the accident along with both vehicles involved; obtain contact information for witnesses; and if necessary, hire an expert to reconstruct the accident. Establishing Liability will enhance your ability to maximize your financial recovery.
Consult an Experienced Traumatic Brain Injury Attorney
Concussions present special challenges compared to other types of visible injuries. Since there is no obvious wound, insurance companies routinely downplay these types of injuries. An experienced attorney who has successfully handled traumatic brain injury claims understands the medical complexity of these types of cases and how to utilize experts to build a documented and expert-supported claim that insurance companies cannot ignore.
Edwards & Patterson Law is comprised of a dedicated team of attorneys who specialize in representing clients throughout Oklahoma who have sustained traumatic brain injuries stemming from automobile accidents, including mild concussions to severe traumatic brain injuries. We understand how Oklahoma laws apply to recovery based upon the nature of these complex medical issues; how to develop strategies for working with specialists; and how best to represent clients throughout the entire process.
Last updated Friday, June 5th, 2026
