A concussion is a traumatic brain injury that happens when brain cells suffer damage, usually from physical trauma. Concussions in car accidents are common and challenging to deal with. You may have dizziness, confusion, memory loss, sensitivity to light, and difficulty concentrating. A concussion can also lead to other problems that affect your life, and some consequences can be life-threatening.
Fortunately, you have legal options if you suffered a concussion in a car accident because of another driver’s negligence. A car accident lawyer can help you pursue a settlement for your medical bills, lost earnings, pain and suffering, mental anguish, and more.
Concussion Statistics
The CDC states there were 214,100 brain injury-related hospitalizations in 2020, and 69,400 brain injury-related deaths. Many other brain injuries and concussions are treated in the ER or primary care office, which are not included in these statistics. A 2017 traffic study found at least 49,000 adults suffered head injuries in auto accidents in the study period.
How Do Concussions Happen in Car Accidents?
A concussion or other brain injury can happen in any accident where the brain strikes the inside of the skull. Concussions often occur in car, truck, and motorcycle accidents. The person’s head may strike the window, windshield, dashboard, or other part of the vehicle. Or, the person could be ejected and their head slammed into the ground.
A concussion can also happen in an auto accident when the head whips back and forth during the collision. The brain can be bruised and injured on both sides, or front and back of the skull.
You should immediately seek medical care and hire a car accident attorney if you think another person’s negligence led to your concussion. A car accident attorney will review your case in a free consultation to determine if you have a claim.
How To Prove You Have A Car Accident Concussion?
Unlike other auto accident injuries, it isn’t always straightforward to diagnose that someone has a concussion. There is no quick test to determine if your brain has suffered a minor, moderate, or severe concussion.
The starting point of diagnosing the concussion is to be seen by a doctor ( possibly a neurologist) after the auto accident. They can perform a physical examination, diagnostic tests, and a neurological examination to determine if you have a head injury.
Your car accident attorney will rely on your doctors’ testimony, medical records, diagnostic test results, and possibly expert testimony to prove the existence and severity of the concussion. Retain a brain injury attorney quickly, because your receiving compensation largely depends on your attorney’s legal skill and knowledge. The insurance company will attempt to undermine your claim if possible, so retaining a skilled lawyer is necessary.
Why You Need A Car Accident Attorney For Your Concussion Case
Any concussion is a serious matter. You can have months or years of consequences and expenses, so a car accident attorney should be consulted. There are several critical duties your attorney will address to maximize your settlement:
Calculate Damages
Most injury victims underestimate their damages. They might think they should get much less medical compensation than they deserve, and they may not know they can get compensation for various other damages as well.
A car accident attorney will add up your current and future medical needs, lost earnings, and pain and suffering to create a fair settlement offer. Determining your future income and medical needs is vital work only a skilled attorney can handle.
Investigate The Accident
You cannot get compensation in a concussion claim without proving negligence, and proving fault is more complicated than it sounds. The insurance company will want conclusive proof that their client caused your injury.
Your car accident lawyer will review critical evidence to prove fault, such as surveillance video, photos and video from the accident scene, witness statements, and police reports. Then, they will use the available evidence to show that another party was negligent and caused your injuries.
Negotiate With Insurance Companies
A concussion claim can be worth tens or hundreds of thousands of dollars in some cases. The insurance company may fight the claim, and your attorney must negotiate aggressively for a fair settlement. This takes plenty of skill and experience and is one of the reasons it’s so important to retain an auto accident lawyer.
Your attorney will also handle all communications with the insurance company, courts, and other stakeholders. You can rest and recover from your concussion; your attorney will handle your claim.
Take The Case To Trial
You should hire a car accident lawyer with excellent settlement and litigation experience. The case will probably settle out of court. It’s usually in both sides’ interest to settle the case. However, some insurance companies may contest the claim or refuse to pay enough. So, your attorney can take the case to a jury and win. Look for an experienced auto accident attorney with an excellent settlement and trial record.
How Much Is A Car Accident Concussion Settlement?
Every concussion and brain injury is different. It’s impossible to say what your settlement amount will be compared to other cases. Several factors influence your case value below. A car accident attorney has handled many brain injury claims involving car accidents and can provide more information about a settlement range:
- Concussion severity: Every concussion and brain is different. A person who fell and hit their head on a sidewalk can have a minor concussion, but the same accident can cause a severe brain injury to another person. A minor concussion (still a serious injury) can lead to a few days or weeks of recovery, while a serious concussion can take months or years.
- Medical and long-term care needs: A brain injury may cause long-term impairments if it is severe enough. Younger people will live longer than older people, so they may need more medical and long-term care. Also, a serious injury will require much more medical care than a minor concussion.
- Work ability: Does the concussion prevent you from working for a long time? The settlement will be higher than if your concussion only leads to a few lost days on the job. Also, a severe concussion can lead to a disability so that you would receive lost earning capacity compensation.
- Pain and suffering: Many concussions and other brain injuries cause changes in personality, communication, cognition, coordination, and social challenges. These are all forms of pain and suffering, so you can have a higher case value if there is severe physical and mental pain and suffering.
- Effects on your life: A minor concussion can have less impact on your life than a serious concussion. For example, a minor concussion can cause memory and balance issues for a few days, but it may resolve independently. However, a serious concussion can affect your memory, cognitive ability, communication, and other brain functions for a long time. Someone with long-term or permanent brain injury effects will have a higher case value.
- Liability: You can receive less compensation if you were partially liable for the brain injury.
- Insurance limits: You cannot settle for more than the coverage limit with the insurance company. Unfortunately, a severe brain injury can lead to hundreds of thousands in losses, so your options for a full financial recovery may be limited.
A car accident attorney usually handles severe injury claims regularly. They can review your case and compare it to similar ones they have seen recently. Talk to a car accident attorney today about your case’s worth. They can review your case details and medical records to get an idea of what your settlement value can be.
How Long Does A Concussion Last After A Car Wreck?
One of the problematic aspects of a concussion in a car accident is that it is difficult to estimate how long the effects will last. An experienced car accident attorney will have clients who recover in a few days, while others can have effects for months, years, or forever.
How long concussion symptoms last and how severe they are will broadly impact your case value. Factors involved in the concussion recovery are:
- How severe the concussion is: Your recovery time is longer for a severe concussion. However, even a ‘minor’ concussion should never be dismissed, and you can have symptoms and effects for an extended period.
- Age: Children and older people usually need more time to recover from a car accident concussion.
- Medical history: Clients with previous brain injuries or concussions may have a longer recovery and more complications.
- Rehabilitation: Prompt medical treatment is essential to speed up the recovery process.
Always get prompt medical attention after a car accident with a suspected head injury. Also, seek an experienced personal injury attorney to assist with your case. Your attorney will know how to prove fault, value the claim, and negotiate for the best injury settlement. Attempting to negotiate your own brain injury settlement is always a mistake.
How To Increase Your Car Accident Concussion Settlement
Insurance companies are notorious for undervaluing concussion claims. Concussions are more problematic to see and diagnose than a broken bone. The insurance company may offer a small settlement for your injury, but don’t fall for it. Patience, determination, and retaining a skilled car accident attorney will obtain a better case result.
Also, you should seek immediate medical care after the accident for treatment and to get your concussion diagnosed and reported in your medical record. Describe all of your symptoms to your doctor to ensure your head injury is documented and connected to the accident.
Next, follow your doctor’s treatment plan for your head injury. Not following the treatment plan or skipping doctor appointments will jeopardize your claim. The insurance company will check that you are following your doctor’s instructions.
Never accept a concussion settlement without talking to a brain injury attorney first. You can be entitled to more money than you think. Imagine settling for $25,000, then a month later, you discover you need a $100,000 brain surgery. It’s too late. You need a car accident attorney to determine what your future medical needs are so you have enough money.
How Long To Settle A Concussion Car Accident Settlement?
First, remember that settling a car accident claim with a concussion can take longer than you want. You may wish to receive money immediately for your medical bills and damages. However, waiting to settle the claim may be beneficial until your injuries are healed as much as possible. It’s essential to see your maximum medical recovery before settling the case.
Your car accident attorney will probably wait until your injuries are healed or mostly healed before negotiating a settlement. This can take longer than you like, but it’s ultimately worth it.
A minor concussion claim can be settled in a month or two, but a more serious injury can take months or even a year or more. Most brain injury claims end with a settlement in several months or a year or two. But if the insurance company refuses to offer enough, your attorney may advise filing a lawsuit. If the case goes to trial, a resolution can take years.
Your attorney will update you on the case’s progress and when it may settle. It’s up to you whether to settle or sue, but it may be best to accept the best settlement offer in many instances.
Talk To A Trusted Car Accident Attorney Now
Do you have memory loss, headaches, or other concussion symptoms from a recent car accident? Obtaining compensation for a concussion after a car accident isn’t easy; the insurance company may question the severity of your injury. You need a tenacious car accident attorney to fight for maximum compensation for your concussion injuries and losses.
Speak to a personal injury attorney in your area today for more information. A skilled car accident attorney with experience in TBI cases, Fields Injury Law has the knowledge and experience to maximize your compensation. And, you will not pay out-of-pocket legal expenses; you pay nothing if the case isn’t successful. The consultation is free.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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