Dealing with a concussion from a car accident is challenging enough without the added stress of having to navigate the settlement process alone. You’re likely seeking information on how much compensation to expect and how to successfully negotiate your claim. This article cuts through the complexity to provide you with straightforward insights on the legal steps, evidence required, and strategies to maximize your car accident settlement concussion. By the end of this article you will understand your rights, anticipate what insurers will need, and learn how an experienced attorney can bolster your case for the compensation you deserve.
Key Takeaways
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Concussions from car accidents (medically known as mild traumatic brain injuries, or mTBIs) have complex symptoms that can show up or worsen days after the accident, which influences settlement negotiations.
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When you’re pursuing compensation for a concussion from an accident that wasn’t your fault, documentation of medical evidence, witness testimonies, and detailed records of expenses and treatments are crucial.
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Hiring an experienced personal injury lawyer is key to ensuring fair compensation, especially considering potential long-term impacts and insurance company tactics.
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Understanding Concussion Settlement Value in Car Accidents
A concussion, medically referred to as a mild traumatic brain injury (mTBI), is a common occurrence in car accidents and one of the most frequent head injuries. But how does it happen? When your vehicle is involved in a collision, the sudden and forceful impact, even if it doesn’t directly hit your head, can cause your brain to move rapidly back and forth, bruising brain tissue and damaging the delicate fibers within, leading to traumatic brain injuries.
The severity of these injuries and their effects on individuals can vary significantly. Some might experience mild symptoms that resolve on their own, while others might suffer more severe symptoms that can lead to long-term complications, or even a serious injury. The different variables can make concussion claims in car accidents complex, which is hiring the best lawyer for your case is so important (particularly in Virginia, where car accident laws vary).
How to Recognize Concussion Symptoms After an Auto Accident
It’s important to remember that concussion symptoms may not appear immediately after an accident. They can actually emerge or worsen days or even weeks later. This is why you after an accident, you should be observing your body and go to the doctor immediately if you are having symptoms of a concussion.
Concussion symptoms can be broad, but here are a few symptoms to be on the lookout for:
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headaches
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confusion
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dizziness
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nausea
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fatigue
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memory problems
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sensitivity to light or noise
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vision changes
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mood swings
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balance problems
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sleep disturbances
You know your body better than anyone — so you might also have a sense that something is ‘off’, even if you can’t pinpoint what it is. It’s essential to seek medical attention if you experience any of these symptoms following a car accident.
The Impact of Post-Concussion Syndrome on Daily Life
Beyond the immediate aftermath of the accident, some car accident concussion victims might develop what’s known as post-concussion syndrome. This condition sees the persistence of concussion symptoms for longer periods, similar to those experienced immediately after the initial head injury. These lingering issues might include:
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headaches
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fatigue
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dizziness
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sensitivity to light and sound
The impact of these persistent symptoms can be profound, affecting a persons quality of life and even their ability for employment. Unfortunately when it comes to concussions, the recovery timeline is unpredictable, with some victims recovering within a few days while others experience symptoms for several weeks, months, or even years. It’s this complex and variable nature of concussions that can complicate the proceedings of personal injury cases and settlement negotiations.
How to Settle Your Virginia Personal Injury Claim With a Concussion
When it comes to claiming compensation for a concussion after an auto accident, you need to provide medical evidence and prove that someone else was at fault for the accident. This involves establishing a duty of care, breach of duty, causation, foreseeability, and actual damages, all of which can be quite a daunting task for anyone without a legal background! That’s where key evidence comes into play, including medical records, eyewitness testimonies, and documentation such as photographs and surveillance footage.
Documenting Medical Expenses and Treatment
As we’ve mentioned, medical-related documents play a significant role in seeking compensation. If it isn’t in the medical record, the insurance company thinks it didn’t happen. If you are having symptoms, you MUST tell your doctor. It’s vital to have all related documents, including doctor visit summaries, prescriptions, and receipts for medical expenses and medical bills.
In addition, keeping a journal that details your recovery process and daily pain experiences can be helpful. This can provide a firsthand account of your experiences, adding more weight to your claim. If your loved ones note that you are having behavioral issues because of a concussion and the accident, it’s almost impossible for a doctor to point that out — which is why keeping a log at home is so important.
Calculating Lost Wages and Future Earnings
Lost wages are another significant component of a concussion settlement case. This typically encompasses both past and future earnings lost due to missing work or working fewer hours because of your injury. To calculate past lost wages, you would determine the actual earnings lost from the time the injury occurred until you can return to work.
This is another reason why hiring an experienced personal injury attorney for your claim is so important – they know how to calculate your lost earnings.
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Legal Rights and Compensation for Car Crash Concussion Victims
If you’re a concussion victim from a car accident and another party’s negligence caused the accident, you have the legal right to file a lawsuit against them. This could involve other drivers, businesses, car manufacturers, or even government entities. As a victim, you’re entitled to compensation covering:
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Medical expenses
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Potential disability
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Loss of consortium, which affects relationships with a spouse (in some cases)
However, it’s worth noting that once a settlement is accepted, the claim is closed. After settlement, you cannot sue for punitive damages or file a lawsuit against the same party. This is why it’s so crucial to ensure that you receive the appropriate compensation in your initial settlement.
Understanding the Victim’s Eligibility for Damages
The amount of compensation you’re eligible for in a settlement is influenced by several factors. For instance, the severity of your concussion symptoms and the impact on your daily life can justify a higher compensation amount. Also, if your damages exceed the at-fault party’s insurance policy limits, you may need to pursue the driver personally to receive full compensation.
Strategies for Dealing with Car Insurance Companies
Insurance companies often offer a low settlement early on, hoping that you will accept less than you may be entitled to (don’t do this!). They may initially offer settlements that are lower than what you are entitled to, requiring persistent and well-documented negotiations.
Navigating these negotiations can be challenging, which is where a car accident lawyer can be invaluable. They can aid in negotiating with insurance adjusters, ensuring that you are not undervalued or pressured into accepting insufficient compensation for your concussion. Furthermore, they can provide crucial legal advice to ensure that you are not taken advantage of by insurance companies.
