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Settlement Value of Headaches in Personal Injury Cases

Headaches

What is the value of head injury cases?

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 headaches, 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 continue 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, 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 $72,168. The median verdict is $13,359.  Let’s look at the median verdicts by year:

2009: $13,987
2010: $12,420
2011: $10,634
2012: $12,833
2013: $15,000
2014: $16,651
2015: $13,717

The awards ranged from $1 to $14,810,734.  One percent of the awards in headache cases were over $1 million.

This is the most recent numbers I have but I feel pretty confident th2 2020 average and median would be similar.

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 $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.

Here are a few more statistics of interest:

Skull fracture average verdict: $271,385

Closed head injury average verdict: $271,385

Head and skull injuries overall average verdict: $123,603

How Is Settlement Value Calculated?

Verdicts in headache cases can exceed a million dollars, albeit rarely as we saw in the statistics above. What do those cases have that the average case does not? Those cases usually have three components: (1) an objective head injury, (2) severe property damage, and (3) the testimony of a doctor who believes that (a) the headaches caused by the accident, and (b) there is no expectation that the plaintiff will get relief from the headaches in the future. I’m not saying that without these the plaintiff is not seriously injured. But being seriously injured and getting a jury verdict commensurate with those injuries is two different things.

Interestingly, a full 42% of the car accident headache injuries in the study involved rear-end accidents. Intersection collisions made up 21% and turning collisions made up another 11%.

[It is important to remember that these settlements and verdicts statistics are all civil tort cases.  The law treats worker’s compensation cases differently, and the values of those cases are typically much lower.]

I love this graphic but this shows data from 15 years ago when I started this blog:

Headache injury statistics infographic

Click to enlarge

So the average verdict has gone up a great deal but the median verdict, which is more telling, remains nearly the same.

Sample Headache Verdicts and Settlements

Below are settlements and verdicts in headache injury cases.  You can find several Maryland cases (and a disclaimer on how to use these verdicts) here. We will give this a 2020 facelift in the coming weeks.  (Writing this on February 18, 2020.)

  • 2020, California: $3,200,000 Settlement. A 49-year-old construction worker fell into an open trench. He lost consciousness and suffered a traumatic brain injury. The man also suffered soft tissue injuries to his neck, thorax, and back and a scalp laceration. He was hospitalized for a week. Upon being discharged, he was instructed to take medications and eventually follow up with different specialists. He eventually entered an inpatient rehabilitative program for four months. Following this treatment, he entered a neuro-rehabilitation facility whose program included occupational, speech, physical, and neuropsychological therapy. His counsel testified that he experienced hearing loss, personality changes, a cognitive disorder, post-traumatic vision syndrome, and vestibular dysfunction because of his fall. The case settled for $3,200,000, which the California State Compensation Insurance Fund would pay.
  • 2020, Washington: $30,652 Arbitration Award. A man approached a green light at an intersection on Thanksgiving Day. Another man ran a red light and collided with his vehicle. He suffered constant headaches and soft-tissue injuries to his shoulder, neck, and back. The man underwent chiropractic and massage therapy to treat his injuries. The Arbitrator awarded him $30,652.
  • 2020, Michigan: $1,800,000 Settlement. A police cruiser struck a 25-year-old landscaper’s vehicle. An ambulance transported the man to a hospital, where staff diagnosed him with a traumatic brain injury that caused him to lose consciousness and experience memory problems. He was also diagnosed with tears in his right leg. While hospitalized, he received speech, cognitive, occupational, and physical therapy. He was then transferred to an inpatient rehabilitation facility, where he stayed for a month. The man now experienced chronic pain syndrome and sensitivity to light and sound. He was also diagnosed with post-traumatic stress disorder and depression. His doctors claim that he was now permanently disabled. The case settled for $1,800,000, which was to be paid by the City of Ypsilanti.
  • 2018, Washington: $25,393 Arbitration Award. The plaintiff is driving in downtown Seattle when he slows down for traffic ahead. The defendant is following too closely behind and hits the rear of the Plaintiff’s vehicle. It is a very minor impact collision with minimal property damage. The plaintiff claims to be suffering from headaches and back sprains because of the accident.  The case goes to court-supervised arbitration and arbitrator awards $15,393 for economic damages + $10,000 for pain & suffering.
  • 2018, Iowa: $25,460 Verdict. Plaintiff is proceeding through a 2-way stop intersection in Sioux City and Defendant admittedly runs a stop sign and strikes her on the back rear side.  The plaintiff brings suit for alleged injuries which include severe headaches and soft tissue injuries to her neck and back. The defendant admits fault for the accident but disputes the nature and extent of Plaintiff’s injuries.  Jury awards $16,628 for past medical expenses and $8,832 for pain and suffering.
  • 2018, Alabama: $85,000 Settlement. Plaintiff minor is riding in the back seat with her mother when the Defendant veers into their lane hits them after taking his eyes off the road to look for his dropped cell phone. The defendant is charged with being under the influence of drugs. The plaintiff suffers a mild contusion on her head and claims injuries including headaches, dizziness, loss of appetite and loss of concentration.  The case settles for $85,000.
  • 2018, Louisiana: $30,113 Bench Verdict. The plaintiff is stopped at an intersection in New Orleans when the Defendant cannot stop and rear-ends him.  The plaintiff alleges injuries including neck and back sprains and persistent headaches.  Bench trial results in an award of $5,113 for past medical expenses and $25,000 for pain and suffering.
  • 2017, Nebraska: $103,000 Settlement.  Plaintiff has the bad fortune of getting rear-ended in three accidents over six months.  She suffers a neck injury and headaches in the first crash that are exacerbated by the second two.  She sues all three defendants.  Ultimately, she settles with all three.
  • 2016, California: $3,750,000 Settlement. A 54-year-old female is watching her grandson one day when she drives him to a nearby park. While on the way, a vehicle driven by the defendant runs a red light and strikes the driver’s side of her vehicle. As a result of this collision, the plaintiff has complicated brain injuries which cause her many problems. Three months after the accident, she has a CT, which shows blood in her left frontal lobe and diffuse axonal shearing in the left occipital and frontal lobes.  [Frontal lobe headaches typically cause pain in the forehead or temples.] She is diagnosed with a neurocognitive disorder, and suffers daily from dizziness, nausea, severe migraine headaches, short-term memory problems, and word-finding difficulties, along with many other symptoms. Her past medical records show that her thyroid and menopause symptoms were well controlled before the accident. Defendant argues that her cognitive deficits result from pre-existing conditions and over-medication and that her migraines are ‘medication-induced rebound headaches.’ The case settles before trial for $3,750,000.
  • 2016, New York: $1,000,000 Arbitration Award. The plaintiff is involved in a rear-end collision in which he is rear-ended and pushed into the vehicle in front of him. He suffers from head trauma in the form of moderate hearing loss on one side and after undergoing cochlear implant surgery still has some deficit permanently. He has developed vertigo, headaches, and tinnitus, which will also remain permanent. He suffers pain frequently and must take medication for the headaches. The case goes to arbitration, and the defendant offers their insurance policy limits while the arbitrator awards $1,000,000.
  • 2016, New Jersey: $525,000 Settlement. A male in his mid 50’s is in a collision with a defendant driver who cannot stop at a red light. He argues that the impact caused closed head trauma and a concussion. Shortly after, he develops cervical pain that radiates. This is confirmed by an MRI and EMG, and later require a cervical fusion, since a conservative course of treatment does not work. Plaintiff’s neurologist testifies that he will permanently suffer a moderate cognitive deficit, memory and concentration issues, and periodic headaches. Before trial, the case settles for $525,000.
  • 2015, New York: $225,000 Settlement. A female driver, in her 40s, is stopped at an intersection, waiting to turn left, when she is rear-ended by the vehicle behind her (which appears to have been pushed by the vehicle behind it). Because of this collision, she suffers from cervical trauma. Before the accident, she had asymptomatic degenerative changes, but since the accident, she has been experiencing severe, frequent headaches along with radiating cervical pain. The defendant driver alleges that her difficulties are because of her underlying conditions, as the collision only resulted in minimal impact damage. Plaintiff argues that she had no prior symptoms or treatment, and it is only after the accident that her long history of headaches started. Before going to trial, the case settles for $225,000.
  • 2015, Texas: $166,232 Verdict. An adult male is in a vehicle stopped for traffic in a construction zone when the vehicle is struck from behind by a commercial truck. He suffers a spinal cord injury and a closed head injury, which results in permanent cognitive deficits, headaches, and daily seizures. The defendant agrees that his negligent actions caused the injuries.  But defendant disputes, like they always do,  the extent of the plaintiff’s claimed injuries. A jury agrees to award the plaintiff $146,231.28 for his injury and $20,000 to his minor child for loss of consortium.
  • 2015, California: $100,000 Settlement. A 23-year-old plaintiff is stopped at a traffic light when she is rear-ended by the defendant’s vehicle. She suffers from neck injuries and develops occipital neuralgia in the back of her head. Occipital neuralgia a headache that starts in the back of the head and neck and travels behind the eyes to the scalp.  It can cause, as it did for this young woman, intermittent headaches. After trying nerve block injections to treat the pain, and not experiencing relief, she visits a pain management expert. She is placed off work for several weeks and incurs over $10,000 of medical expenses. The defendant argues the extent of plaintiff’s injuries. However, the case still settles for the policy limits before trial for $100,000.  There is no question that all other things being equal, a headache-related claim will have more value if there are nerve block injections that if there are not.
  • 2015, Minnesota: $43,384 Verdict. Plaintiff is rear-ended by the defendant’s vehicle, and as a result, she suffers injuries to her neck and right shoulder. She also suffers a permanent headache condition. She sues the defendants for pain and suffering, medical expenses, lost earning capacity, and loss of spousal consortium. The defendant argues that her own negligent driving contributed to the collision. But the jury awards the plaintiff $43,384.35 and finds that the defendant’s negligence was a direct cause of the crash, but that plaintiff did not sustain a permanent injury.
  • 2014, Washington: $1,134,175 Verdict. A 39-year-old male is struck in the rear by the defendant’s vehicle. He totals over $25,000 in medical expenses. Several years after the collision, his injuries necessitate closing his dog boarding business because his symptoms continue to reoccur. He has neck pain caused by mechanical dysfunction in his facet joints, which results in occipital headaches. Plaintiff suffers from these headaches several times a week, each one lasting anywhere from 12 to 48 hours at a time, and they do not disappear unless he does not work. Physical labor causes his neck and back injuries to flare up. A jury awards him $1,134,175.
  • 2014, Oregon: $1,003,842 Verdict. A 49-year-old male, who owns a lawnmower repair business, was at Best Buy to purchase a computer. A store employee directs him to where the computer cases are, where another store employee is on a stair ladder taking printer boxes off of the shelf. One of these boxes falls, striking the plaintiff’s head, resulting in chronic headaches. Best Buy admits liability but argues the extent of his injuries. A jury awards him $1,003,842, including $600,000 in noneconomic damages.
  • 2014, New Jersey: $775,000 Verdict. Plaintiff is in her mid 30’s when the defendant driver cannot stop at a stop sign and collides with her vehicle. She suffers a cervical herniation that causes permanent symptoms such as occipital neuralgia, which causes frequent headaches. She has tried different treatments, including physical therapy, injections, and medications. A jury awards her $775,000, and the case then settled for $100,000 policy limits because of a prior high/low agreement.
  • 2014, Washington: $600,000 Settlement. Plaintiff, a male owner of a taco truck, was in a collision when the defendant failed to yield the right of way and made a left turn into his vehicle. Immediately after the incident, the plaintiff is dazed and confused. He develops headaches, along with neck and back pain, after he goes home. He sees his primary care provider who diagnoses him with post-concussive syndrome, neck and back sprains, and dizziness. A neuropsychological evaluation shows that he has memory, attention/concentration, and visuospatial deficits as well. Because of his cognitive loss, he cannot manage his business and loses it. A jury awards him $600,000, which combines the policy limits from the defendant’s insurance policy and the plaintiff’s underinsured motorist benefits from his insurance company.
  • 2014, New York: $350,000 Arbitration Award. A female in her early 20s is rear-ended, and she develops headaches shortly after. For four years, she receives conservative treatment. But her condition continues to worsen. Her neurosurgeon instructs her that the subluxation and instability at C5-6 results in the spasms which give way to the onset of headaches. She attempts to live with the condition, however; she experiences an episode of intense headaches, lasting about two weeks. At this point, she opts for the surgery. Since surgery, her condition continues to be relatively pain free. The defendant attempts to argue that her condition could not have been related to the collision, as it was a low-speed impact. However, the plaintiff had no prior difficulties, is young, and the onset was shortly after the incident. The arbitration award is $350,000, but because of a high-low agreement that was entered, the case settled for $175,000.
  • 2014, Florida: $318,541.58 Verdict. A male is involved in a collision with a vehicle owned by the City of Pensacola, the defendant. He argues that he suffers headaches and neck pain from the collision, and his treatment has led to a spinal fusion. The defendant denies that the plaintiff suffers a permanent injury, and denies that the accident caused or contributes to the alleged headaches and his spinal fusion. A jury awards the plaintiff $318,541.58.

Headache Injury Claims

Post-traumatic headaches after a car accident often occur in two weeks following trauma because of a whiplash injury to the neck.  The classic presentation of this type of headache starts in the back of the neck and then radiates to the frontal region.

This type of headache is attributed to myofascial trauma.  Some neurologists think that referred pain from damage to the myofascial tissue is the most common source of these often chronic headaches.  Most of these headaches resolve in six months.  But 10-20% do not resolve.

Sometimes, headaches are a harbinger of even greater trauma.  Headaches are the most common physical manifestation of a traumatic brain injury (TBI).

Defense Arguments

Can you win a personal injury case when the primary injury is headaches?   Absolutely. But it will often be a fight. The biggest defense insurance companies have headache cases is that you cannot see the injuries.  Ultimately, the jury’s confidence in the honesty and integrity of the plaintiff will be critical to the outcome.  This is particularly true where there are a normal brain MRI and other brain imaging tests.

The biggest defense insurance companies have headache cases is that you cannot see the injuries.  Ultimately, the jury’s confidence in the honesty and integrity of the plaintiff will be critical to the outcome.  This is even truer where there is a normal brain MRI, brain CT, and x-rays.

If the onset of the headaches were more than two weeks after the crash, then you will have a hard time getting a neurologist or ENT to support your claim.

Migraines

Insurance companies also have experts who are quick to deny migraine headaches are caused by car accidents.  Many neurologists do not believe post-traumatic migraines occur after automobile accidents. You would think it would be a hard argument to make, but our lawyers see this defense all the time. 

Defense experts typically claim migraine headaches are genetic disorders that run in the family, particularly if the victim claims a headache on one side of the head.  Many post-traumatic headaches have migraine features.  So it might not technically be a migraine, but it sure feels like one if you are the victim.

Medication-Induced Headaches

When the defense lawyer has a liable plaintiff that is hard to call a liar, they sometimes argue that the victim’s pain medications since the car crash have caused an analgesic rebound or medication overuse headaches.

Exacerbation of Existing Headaches

The toughest headache cases are an exacerbation of injury when the victim already struggled with headaches and claims the crash made them worse.  Defense neurological experts argue that it is impossible to sort out how much pain is because of the trauma of the crash.

Getting a Lawyer to Help You

Our firm handles car accident and other traumatic injury cases involving headaches.  Contact us today online or call us at 800-553-8082.

Headache Medical Literature

Below are some new articles on headaches and some older studies that are often used by experts in injury litigation involving headaches.

  • Planchuelo-Gómez A, et. al (2020): White matter changes in chronic and episodic migraine: a diffusion tensor imaging study, Journal of Headache and Pain 2020 21:1.  Many of our law firm’s clients report migraine headaches after a car crash.  This new study looks a white matter changes that occur during episodic and chronic migraines.
  • Nordhaug LH, et. al (2018): Headache following head injury: a population-based longitudinal cohort study (HUNT), Journal of Headache and Pain 2018; 19(1): 8.  This article underscores how a “mild head injury” can be a big deal. The authors found that mild head injury patients that are hospitalized are more likely to develop new headaches or have an exacerbation of prior headache.
  • Frost RB, et. al (2013): Prevalence of traumatic brain injury in the general adult population: a meta-analysis. Neuroepidemiology 2013 40(3):154–159. Meta-analysis shows 12% of victims who lose consciousness are ultimately diagnosed with a traumatic brain injury. Men were found to be twice the risk of women for a TBI.
  • Hickling, E. J., et. al (1992): Motor vehicle accidents, headaches, and posttraumatic stress disorder: Assessment findings in a consecutive series. Headache, 32, 147–151.  The study looked at psychological disorders as a result of car crashes.
  • Elkind AH (1989) Headache and facial pain associated with head injury. Otolaryngol Clin North Am 1989; 22(6):1251-1271.  This article discusses the need to diagnose the severity of head injuries immediately to avoid missing progressive injuries and how headaches should raise the doctor’s concern.

 

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