Settlement for Concussions in Car Accidents

Settlement for Concussions in Car Accidents

Concussions are a common type of injury affecting thousands of people in America each year. They are a traumatic brain injury (TBI) resulting from a sudden and forceful impact on the head. 

Aside from head impact, a concussion can also be caused by a sudden collision with the body, leading to the rapid back-and-forth movement of the head and brain.

In the United States, a vehicular accident is one of the most common reasons for a person to suffer a concussion. Because of this, the average settlement an insurance company gives to resolve a concussion case often lies on the lower end of the spectrum.

Suppose you were involved in a car crash scenario where you, as a driver, or your passenger suffered a concussion. You might have answers as to how much is the possible amount you can get a settlement for. But who will pay for the damages? What is your legal right if the accident wasn’t your fault?

This write-up will provide comprehensive information regarding these questions and more. Additionally, this article will explain the benefits of working with a car crash attorney to resolve accident cases that translate to a concussion injury.

If you are involved in a car accident, contact a lawyer to help you. PersonalInjuryLawyerSearch.org is an excellent resource for seeking legal help with injury cases.

Our website has a vast database of car crash lawyers nationwide. Filter your search by state, name, or expertise to find an attorney that best fits your needs.

Concussion Average Settlement Amounts

According to an ISO (Insurance Services Office) Inc. report, the average liability for vehicular accident injury claims is $18,417. This average includes the insurance company’s claim expenses, so the amount you will receive when you’re injured is likely lower.

Post-concussion syndrome settlements vary so much because costs are dependent on the specifics of the case. Since the biggest factor in calculating damages is usually through medical expenses, keeping track of costs and receipts is vital to help avoid pitfalls when dealing with insurance.

An insurance company’s claim expenses include all the costs the insurance company has paid in the form of claims adjustment expenses. 

Concussion in Car Accidents: Concussions Are Serious Brain Injuries

Often, a concussion is considered a mild brain injury by some insurance companies. However, in some cases, a concussion can develop into something more severe.

In a violent trauma, the brain may deform, twist on its axis, or collide with the interior of the skull. When this happens, the brain tissues may be torn or bruised, and the blood vessels and nerves may be severed.

Moreover, the bleeding and bruising may translate to inflammation, putting more pressure on the brain tissues and causing further damage to the brain itself.

The Severity of Traumatic Brain Injury

When determining how severe a concussion is, doctors rely on objective factors, such as the duration of acute symptoms, diagnostic imaging results, and how long the victim was rendered unconscious after the trauma.

In most cases, concussion victims suffer from persistent symptoms, including fatigue, nausea, headache, and sensitivity to light and sound. However, in more severe scenarios, the injury may result in a coma and reduced cognitive functionality. 

Victims of head injuries such as concussions will often need to take time off school or work. They may require intensive medical treatment and therapy, which, of course, will take a toll on their finances, especially in the long run.

Post-concussion Syndrome After a Car Accident

In certain instances, a traumatic brain injury may lead to persistent symptoms that resemble those experienced immediately after the initial head injury.

Post-concussion syndrome is diagnosed when these effects persist beyond the expected healing timeframe. Persons with post-concussion syndrome may experience debilitating side effects for an extended period.

Causes of Concussions

Concussions are often associated with sports injuries, especially from activities that involve extreme physical movements, like basketball and hockey.

From a sports point of view, according to the American Association of Neurological Surgeons (AANS), players who have sustained a concussion before are three to six times more likely to sustain another at a different time.

On the other hand, concussions that are hospital-treated are the outcome of unintentional falls and automobile accidents.

Discussed in the subsequent topics are some common scenarios in which concussions may occur during vehicular accidents.

How Can a Vehicular Accident Cause a Concussion?

Concussions, categorized as mild traumatic brain injuries, can result from motor vehicle accidents, even those considered minor. 

The impact of hitting your head or experiencing whiplash and violent jostling during a crash can lead to a concussion.

Remember that losing consciousness is not a prerequisite for developing a concussion in such situations.

Whiplash

When a car is struck at the rear end or makes an abrupt stop, the occupants’ heads may be forcefully whipped in a back-and-forth motion. This may lead the brain to impact the inside of the skull and cause a concussion.

Direct Impact

If a car occupant’s head makes contact with the steering wheel, side window, dashboard, or other parts of the vehicle during a crash, the impact can cause a concussion.

In most cases where direct impact is the cause of a concussion, a higher settlement amount is rewarded since there is visible evidence of blunt force trauma.

Rotational Forces

If the car is involved in a side-impact or rollover accident, the rotational force can cause the brain to twist within the skull.

Signs and Symptoms of a Concussion

After a vehicular accident, some concussion symptoms might appear right away, while others might take hours or days to manifest.

Here are some common symptoms of a concussion:

  • Difficulty thinking or making decisions
  • Feeling slowed down
  • Blurry vision
  • Difficulty concentrating or retaining new information
  • Nausea or vomiting
  • Headache
  • Sensitivity to light and sound
  • Feelings of tiredness
  • Difficulty balancing
  • Difficulty sleeping
  • Anxiety or nervousness

Note that the abovementioned are just common symptoms of a concussion. Others may also sustain a concussion injury without experiencing any of the symptoms mentioned above. It’s always best to seek prompt medical assistance in such cases.

Can You Sue for Post-concussion Syndrome?

Pursuing legal action for post-concussion syndrome is always a viable option.

Many people turn to the expertise of personal injury lawyers when the at-fault party in an accident proves uncooperative when addressing responsibilities.

These responsibilities include covering property damage, medical fees, and rental car reimbursements.

If you recently figured in a car accident and suffered injuries, contact a lawyer for assistance. PersonalInjuryLawyerSearch.org provides a convenient online search tool to find and contact car accident attorneys in the U.S.

Legal Terms to Know

Navigating the legal landscape following a vehicular accident can sometimes feel like you’re trying to decipher a foreign language. Here are some standard legal terms and their meanings:

  • Settlement – A settlement occurs when both parties decide not to go to trial following an accident. Typically, this means the parties have settled out of court, and a payout is negotiated and agreed upon.

  • Lien – A lien grants a creditor the right to accept payment for a debt from the debtor’s personal properties. In a personal injury settlement, a lien is used to voluntarily ensure that a service provider will receive settlement money in the future.

  • Negotiation – Negotiation is the discussion leading up to an arrangement. In a car crash case, a negotiation means the parties have agreed on a settlement amount.

  • Litigation – If negotiations fail, especially when the injured party rejects an offer from the insurance company, or the insurer disputes the claim’s validity, one option is to pursue legal action against the defendant. This action is referred to as litigation.

  • Damages – Damages refer to the total amount awarded through settlement, detriment, injury, or litigation for loss.

What to Expect During a Personal Injury Claim

Every personal injury case travels a unique trajectory, but a typical scenario unfolds as follows.

After an accident, the flurry of events, including the interactions with the authorities and the emergency medical treatment, can be hazy due to shock and adrenaline.

Remember to exercise caution before making a statement. Seemingly innocent remarks can be misconstrued, especially if recorded. While politeness is always advised, limit your words, given the potential for post-accident disorientation.

Document the incident and the succeeding events while your memory is still fresh. Obtain essential documents, such as police reports, hospital records, and insurance claims. If you’re distressed and unable to do so, ask a family member or loved one to assist in tracking paperwork.

Considering the potential for undetected serious injuries, visiting the hospital as soon as possible is advisable. Schedule follow-up appointments since emergency departments may overlook certain conditions like concussions.

At some point, the other party’s insurance company should contact you. When this happens, be careful with how you interact. Insurance companies often use certain types of statements to cut down or even outright deny your claim.

Below are some red flags to consider when talking to the other driver’s insurance company:

  • Asking your opinions about the crash
  • Requesting medical documents from you before the incident
  • Stonewalling you (refusing to reimburse you) for a replacement rental vehicle
  • Suggesting that you see their recommended doctor for a second opinion

Negotiating Before Treatment and Unsolicited “Fast Cash” Settlements: Should I Speak to the Insurance Company After a Car Accident?

Without receipts for your medical expenses, discussing future costs is just speculation. Insurance companies have more inclination regarding this topic and will, thus, seek to pay as little as possible for your injuries.

Some insurance companies may also enforce a strategy that involves contacting you with an approved settlement amount so you can get paid swiftly. In most cases, insurance companies are just looking to catch you off guard before you realize how much your medical bills truly are.

While getting compensated quickly can be great, this underhanded technique by insurance companies is designed to benefit them rather than you.

The best action is often to stay the course, complete your treatment, and negotiate or ligitate accordingly.

Here’s How Insurance Companies Sometimes Attempt to Deny Claims

When you’re injured in a car crash that wasn’t your fault, you are legally entitled to recover compensation from the other party.

Sometimes, the incident might be simple enough that there’s a minuscule chance that the insurance company disputes your claim. However, in most occasions, the insurance company will try to deny the claim using some of the following tactics:

  • Asserting that you were indeed at fault
  • Claiming that no injuries have resulted from the accident
  • Saying that other factors besides the accident caused your sustained injuries

Why Do Concussion Settlements Vary?

Every detail of your case is scrutinized when determining your compensation amount. Here are some factors that affect your settlement:

  • What caused your concussion?
  • How severe is your concussion?
  • Who is the at-fault party?
  • What is your insurance policy?
  • Are you working with a lawyer?

The Cause of Your Injury

Your settlement value is affected by the type of injury that caused the concussion. For instance, the average payout for a concussion caused by a vehicular accident is different from the settlement one would receive from a slip-and-fall accident.

The Severity of Your Injury: How to Calculate the Value of Your Post-concussion Syndrome Damages

Injuries that are more serious and have long-term effects add more value to your case than short-lived ones. Your personal injury attorney must weigh all the damages you’ve sustained to attain maximum compensation. The following subtopics will discuss various types of damages.

Noneconomic Damages

An injury causing chronic pain or restricting you from performing activities you used to enjoy may increase your noneconomic damage payout. Noneconomic damages include compensation for the following:

  • Pain and suffering
  • Loss of society
  • Loss of enjoyment of life
  • Emotional damage, including PTSD (post-traumatic stress disorder)

Economic Damages

The severity of your sustained injuries will also impact your economic damages.

Economic damages are tangible financial losses that can be proven with bills, receipts, and other forms of documentation. Some examples are

  • Medical costs
  • The value of services
  • Lost wages

The Conduct of the At-fault Party

You may be eligible for punitive damages if the responsible party’s conduct was grievous.

Punitive damages refer to the payment from a defendant found guilty of committing an offense. The defendant is ordered to pay these damages on top of compensatory damages.

A trial judge gives punitive damages as a punishment against the defendant. If the defendant is aware of a case for punitive damages, it could positively impact your settlement amount without going to a trial.

The Liable Parties

The liable party’s identity can impact your settlement value. For instance, if a manufacturer of the car or its installed components is responsible for your concussion, the settlement could be higher than if it was just the driver’s fault.

Whether You Share Fault in the Accident

You may or may not recover compensation depending on the state where the accident happened.

For example, in Pennsylvania, where a modified comparative negligence rule is observed, you can recover compensation if you weren’t more than 50% at fault.

Comparative negligence means that when an accident happens, determining the fault or negligence of all parties involved is based on their respective contributions to the incident.

The Available Insurance Coverage

Your insurance coverage plays an important factor in determining the value of your settlement. Regardless of the amount you need and deserve, you can only realistically settle for the amount you can collect depending on your insurance coverage.

The Lawyer You Select

Choosing an experienced personal injury lawyer is essential when determining your case value. A skilled lawyer is willing to fight and commit resources to accomplish a proper investigation for your case.

How to Increase Your Settlement for Post-concussion Syndrome

Here are some steps you can take to protect your claim and possibly increase your compensation for post-concussion syndrome:

  • Do not speak to the insurance company without your lawyer
  • Have your attorney negotiate with the insurer instead of you
  • Do not discuss the accident on social media or any public forum
  • Avoid speaking with friends and family about the accident
  • Only settle the case out of court if negotiations with the insurance company are done
  • The family of a victim of a fatal vehicular accident is most likely entitled to much more in a wrongful death case

Always See a Doctor for Medical Evaluation

Since many car crash victims aren’t initially aware that they’ve suffered a concussion, it’s always a good idea to seek a doctor’s medical advice after an accident.

Describe everything that happened, as well as any symptoms you may have. Tell the doctor if you’ve experienced loss of consciousness after the crash, even though you can have a mild TBI without blacking out.

Suppose your doctor diagnosed you with a concussion, and your symptoms have worsened. In that case, make a second appointment. Ensure to always keep track of your symptoms.

Remember that the only way to pursue a fair settlement is to prove your diagnosis through medical records.

Potential Danger Signs

Although in most cases, a concussion is not a life-threatening injury, complications can sometimes appear, potentially leading to a more serious case, which is hematoma. 

A hematoma is the blood pooling in the head and can sometimes occur when blood vessels are ruptured.

Here are some signs of a hematoma and other serious complications stemming from a concussion:

  • Inability to stay awake or having difficulty waking up
  • Persistent headaches that seem to worsen over time
  • Involuntary convulsions accompanied by vomiting or nausea
  • A pupil in one eye becomes more prominent than the other eye

Concussion Management and Recovery

There isn’t a specific and effective way to treat a concussion since doctors can’t repair internal brain damage the same way they can with a broken bone. Instead, medical care for concussions is targeted at managing and preventing further damage or complications from occurring.

In most cases, people who have had a concussion fully recovered at some point. However, the recovery period will vary based on the victim’s age and whether they had any brain injuries before. Physical and mental rest are critical to allow the brain to recover.

How Long Does a Concussion Last After a Car Accident? Is Post-Concussion Syndrome Permanent?

The length of time that symptoms of a car accident concussion can last varies depending on numerous factors. Some may experience recovery after a day or two, while others may sustain permanent damage.

The duration of the symptoms depends on the victim’s overall health status, the effectiveness of the treatment applied, and how severe the injury was in the first place.

Treatment and Recovery Times for Concussion Injuries After a Car Accident

Just like its symptoms, the treatment and recovery period for concussions also varies depending on numerous factors. The recovery time can be affected by the age of the victim, the severity of the injury, and any history of previous concussions or similar injuries.

How Do You Prove You Have a Concussion?

Unlike for some injuries, a definite test to diagnose a concussion is not available. Biomarkers aren’t always present to determine whether the brain has sustained a mild traumatic injury or has recovered from it.

However, you can consult a neurologist for various testing procedures, such as a physical examination, neurological exam, or diagnostic tests like a CT (computed tomography) scan or MRI (magnetic resonance imaging) to evaluate the extent of your head injury.

Post-concussion Settlement Checklist and Resources: What Should I Do if I Were in a Car Accident and I Think I Have a Concussion?

Negotiating a settlement amount after an accident that caused a concussion can be challenging. Here’s what you need to know to make your settlement claim go as smoothly as possible:

  • Immediately after the accident, make sure to keep track of all reports from both parties.
  • Keep a written record of everything that happened during and after the accident.
  • Visit the emergency room, even if you aren’t sure if you were injured.
  • Secure a copy of your medical documents and other paperwork from the hospital.
  • Schedule an appointment with your doctor.
  • Organize all paperwork from providers.
  • If the other driver’s insurance provider contacts you, only share basic facts about the case. You may disclose basic personal information, such as your address and date of birth.

If your claim was denied or you aren’t satisfied with the insurance company’s settlement offer, a car crash lawyer can help you negotiate the case. You may also need to have your physician testify to prove that you sustained a concussion from the accident.

Resources for Patients and Their Attorneys

Many articles published online are readily available to guide you and your lawyer with your settlement claim for post-concussion cases. You can also find reliable digital sources about concussion symptoms, diagnosis, treatment, and risk factors.

Are Concussions Common in Car Accidents?

A concussion is one of the most common types of brain injury one can sustain from a car crash.

The forceful impact or sudden jolt during a collision can lead to head injuries, causing concussions. It’s important to seek medical attention if there’s any suspicion of a concussion, as symptoms may not always be immediately apparent.

How Serious Is Post-concussion Syndrome?

According to a study, concussions are known to translate to more serious neurological effects, which may include the following:

  • Social changes
  • Reduced quality of life
  • Loss of coordination
  • Cognitive impairment

In a traumatic brain injury, thousands or millions of neurons are torn and sheared. Neurons do not repair themselves, so the brain has to look for new neural pathways to send information.

What Is the “No-Fault” Rule?

In no-fault states like Kentucky, drivers must initially rely on their insurance coverage to pay for their injuries or the injuries inflicted on their passengers.

Once the initial personal coverage has been exhausted, the driver who was not at fault can seek compensation from the other driver’s insurance.

Drivers must get personal injury protection, which typically has a limit of up to $10,000 in lost wages and medical bills. For minor injuries, additional damages are generally unavailable.

In at-fault states, contrastingly, the driver at fault will always be held responsible for the losses.

When an accident occurs in these states, even relatively minor crashes can translate to settlement offers from the at-fault driver’s insurer, which may provide more comprehensive protection.

What Is a Personal Injury Settlement?

After a vehicular accident, a lawsuit threat can be leveraged to negotiate a fair settlement with the responsible party’s insurance company.

However, you must remember that you ultimately lose your right to sue once you accept a settlement from the insurance company. This is important to note, especially with concussions, since traumatic brain injury symptoms sometimes take longer to manifest, and their effects can linger.

Do I Need a Lawyer if I Have a Concussion?

It’s always advisable to contact a personal injury attorney if you sustained a brain injury as a result of an auto accident.

When you work with a car accident lawyer, you can expect sound legal advice for your case and aggressively negotiate with the insurance company if they try to make lowball settlement offers.

Get Help From a Personal Injury Lawyer

Suppose you have been diagnosed with post-concussion syndrome, and your symptoms have significantly impacted your life. In that case, seeking professional legal advice is always the best action.

PersonalInjuryLawyerSearch.org is your go-to resource for seeking legal help concerning injury cases. Browse our website and learn the benefits of working with a personal injury attorney, especially in car accident cases that result in post-concussion syndrome.

Settlements and Verdicts for Concussions

Listed below are example cases where the plaintiffs’ primary or leading injuries are concussions.

Case A (Oregon, 2023): The plaintiff is a passenger in a transport vehicle driven by the defendant. The vehicle was involved in an accident, and the plaintiff sustained a concussion, along with other minor injuries. The settlement amount received by the plaintiff was $63,918.

Case B (Mississippi, 2022): A woman was involved in a rear-ender auto accident. She sustained a neck injury and a concussion. The woman underwent several pain management courses.

She also suffered from memory loss, PTSD, and cognitive dysfunction. The case settled for $400,000. 

Concussion and Car Accident Settlement: Frequently Asked Questions (FAQs)

1. What is post-concussion testing?

Doctors do post-concussion testing to evaluate how severe the effects of post-concussion syndrome are on a person. Such examinations are used to confirm diagnosis and find other potential treatment procedures.

2. How long do I have to file my personal injury claim?

The statute of limitations for filing a claim for personal injuries differs depending on the type of accident and where it happened. Working with a personal injury attorney is always advisable to determine your legal options for such cases.

A statute of limitations refers to the prescribed period of limitation for taking legal action. 

3. Is it easier to accept a settlement from an insurance company or take the case to court?

Negotiating the settlement is advisable if you are working with an attorney. By working with a personal injury attorney from a reputable law firm, you can often get compensation without the risks of processing a legal trial or going through the stressful litigation process.

4. What if an insurance company refuses to offer a sufficient settlement?

Your attorney can file a personal injury lawsuit when the insurance company refuses to offer a fair settlement amount.

Suppose you receive an unfairly low settlement offer from the insurance company. In that case, it doesn’t mean you have no other options for a rebuttal. After receiving the offer, you can take the following steps:

  • Remain calm and analyze the offer
  • Formulate a counteroffer
  • Provide a written response
  • Only settle until you’ve reached maximum medical improvement from your injuries

The abovementioned steps are only suggestions. It’s always best to seek your car accident lawyer’s expert advice before responding to a settlement offer.

5. Why do insurance companies try to keep the legal claim out of going to court?

Insurance companies try to avoid a legal trial since settlements from an adjudicated lawsuit often surpass what they have to pay. However, you must remember that a lawsuit can also pose a risk for the accident victim.

6. Can I sue the other driver for punitive damages after accepting a settlement offer?

The at-fault party will be indemnified once you accept a settlement offer. Suing the other party for punitive damages after you’ve received a settlement is considered double recovery and is not permitted in tort law (the branch of the law involving deals with civil suits).

References

  1. Typical Car Accident Settlement Amounts (2023)
    https://www.forbes.com/advisor/legal/auto-accident/typical-car-settlement-amounts/
  2. Property damage cases
    https://selfhelp.courts.ca.gov/civil-lawsuit/property-damage
  3. Filing an Auto Claim with the Other Party’s Insurance Company
    https://insurance.utah.gov/consumer/auto-home/auto-insurance/third-party-auto-claim
  4. Non-Injury Vehicle Collisions
    https://www.nyc.gov/site/nypd/services/vehicles-property/non-injury-vehicle-collisions.page

One comment

Leave a Reply

Your email address will not be published. Required fields are marked *