A calculator can give a rough starting range, but West Bend claims usually hinge on a few proof points:
- Timing of symptoms and treatment: Wisconsin courts and insurers look closely at whether medical care happened soon after the injury and whether follow-up continued.
- Functional impact you can document: In brain injury cases, the strongest damages evidence often comes from work restrictions, therapy plans, cognitive assessments, and doctor notes describing day-to-day limitations.
- Causation vs. other possible causes: Adjusters may argue symptoms came from something else (prior injuries, unrelated medical issues, or a later incident). Your records must explain why the accident is medically consistent with your diagnosis.
- Comparative negligence arguments: If the other side suggests you were partially at fault (common in rear-end disputes, crosswalk disputes, or “not paying attention” scenarios), your potential recovery can be reduced.
Because of these factors, two people can search the same “TBI payout calculator” and end up with very different outcomes.


