I’m fortunate in that I don’t get many headaches, a blessing I attribute to good hydration and genetic good fortune. On the rare occasion that I do get them, they are debilitating. It is hard to enjoy much of anything in life when you have anything north of a mild headache.
Juries struggle with figuring out how to value personal injury cases when the primary injury is a head injury that caused — and may be continuing to cause — headaches.
Why? Because headaches are mostly subjective. So the credibility of the plaintiff – which is usually 90% of the game at trial – becomes the entire game because you can’t know the pain level inside someone’s head. Instead, you have to decide if you believe that their report of pain is what they say it is. Certainly, objective injuries surrounding the claim — like a diagnosis of post-concussion syndrome — bolster the settlement value of injury claims. But, ultimately, it boils down to the credibility of the victim.
Settlement Value of Headaches
According to Jury Verdict Research, the average verdict for headache injuries is $33,423. The median verdict is $11,092. Putting this in context, the average award in a personal injury case nationally is approximately $791,756. So verdicts in headache cases are 5% of the national average? Wow.
Juries are more inclined to believe older people… or they think young people should just deal with it. The median award for those under 18 was a $7,463. For plaintiffs between 19 and 39, the median award was $8,858. Once you get over 60, the awards rise to $13,454.