Can You File a Lawsuit for a Concussion From a Car Accident?

Concussion concept with man holding head in pain.

A concussion is a type of traumatic brain injury that can occur after a car accident. It happens when the head receives a sudden jolt or blow, causing the brain to move rapidly back and forth. If you suffered a concussion after a car accident, it can be mild and produce temporary symptoms. It can also be severe, producing long-term symptoms and even permanent brain damage if left untreated.

Knowing how to pursue damages for a car accident concussion is key to your recovery. An experienced car accident lawyer at Recht Law Offices can help you navigate the process and advocate for you. Read on to find out how to identify a concussion, get treatment, and build a strong legal claim.

What are the signs of a concussion after a car accident?

After a car accident, it's important to be aware of the signs of a concussion. Even if you don't feel anything immediately, concussion symptoms could appear within days. Here are some common signs of a car accident concussion:

Persistent or worsening headache, especially if accompanied by nausea or vomiting.
Feeling lightheaded, unsteady, or having difficulty with balance.
Feeling disoriented, having trouble concentrating, or remembering things.
Unusual tiredness or lack of energy.
Experiencing discomfort or heightened sensitivity to light or noise.
Blurred or double vision, or difficulty focusing the eyes.
Difficulty remembering recent events or difficulty forming new memories.
Feeling irritable, anxious, or experiencing sudden mood swings.
Trouble falling asleep, staying asleep, or excessive drowsiness.
Feeling nauseous or vomiting without any other apparent cause.

How are car accident concussions tested and diagnosed?

Car accident concussions are typically tested and diagnosed through a combination of medical evaluations and diagnostic tests. The most common medical procedures include:

Medical evaluations: A healthcare professional will conduct a thorough evaluation of your symptoms and medical history.
Physical exams: A doctor may perform a physical exam to assess your neurological function. They will look for balance issues, coordination problems, abnormal eye movements, and reflex changes.
Cognitive and neurological testing: Cognitive and neurological tests may assess your memory, attention, concentration, and cognitive processing speed.
Imaging tests: A doctor may order CT scans or MRIs to scan the brain for any structural abnormalities or injuries.
Symptom assessments: A medical professional may assess you for headaches, dizziness, confusion, memory problems, and changes in mood or behavior.

How long does a concussion last after a car accident?

The duration of a concussion from a car accident can vary from person to person. It often depends on the severity of the injury, your overall health, and whether you follow your doctor's recommendations. Some concussions heal within a few days or weeks with treatment. Others can persist longer.

Some concussions turn into post-concussion syndrome (PCS). This is a disorder that typically occurs after a severe concussion. Many physical and cognitive concussion symptoms persist for months and even years. People with previous concussions, double impact to the head, or emotional or cognitive disorders are at a high risk of developing PCS.

What should I do if I sustained a concussion from a car accident?

If you sustained a car accident concussion, it's important that you take the steps to recover and get the compensation you're entitled to. Below, you'll find key actions you should take to address your injury and pursue a car accident claim:

Seek immediate medical attention

The last thing you want to do after a car accident is ignore your injuries. Even if you feel perfectly fine, prompt medical attention can help address your injuries early on. This can prevent future complications and help you recover faster.

Additionally, getting immediate medical attention can provide documentation of your concussion. This documentation links your injury to your crash and can become useful when pursuing a financial settlement.

Report your car accident to your insurance company

To get the claims process started, you'll need to report your car accident to your insurance company. Only provide basic and accurate information about the crash, such as the date, time, and location. Give a brief and clear account of what happened without going into unnecessary details.

Avoid speculating or making assumptions about fault. Anything you say to insurance companies can jeopardize your chances of recovering damages. Let an experienced car accident attorney handle any further communications with insurance companies.

Get legal help

If you attempt to handle your claim alone, the insurance companies could take advantage of you. Even if you're offered a settlement, it may not be enough to cover all of your crash-related expenses.

An experienced car accident lawyer can protect your rights and advocate for you. They can negotiate with insurance companies and fight to recover the full extent of your damages.

Follow medical advice

Listen to the guidance provided by your doctor regarding your concussion. They may recommend rest, certain medications, or specific activities to avoid. Plus, they may recommend physical and cognitive therapies to help you recover faster.

Monitor symptoms

Pay attention to any changes in your symptoms. If you notice any concerning developments, inform your doctor.

Keep records of your medical expenses and treatments

Keep a detailed record of all medical expenses related to your concussion. This may include doctor's visits, diagnostic tests, medications, and any therapies or treatments prescribed. This documentation will be crucial when building your car accident case.

What kind of compensation can I receive for a concussion from a car accident?

If you were injured in a car accident, your attorney may pursue the following damages:

Medical expenses: You can seek compensation for past, current, and future medical bills. This includes hospital stays, medications, therapy, and ongoing treatment.
Lost wages: If your injuries caused you to miss work, you may recover lost wages and future income.
Pain and suffering: You can recover damages for physical and emotional distress linked to your crash. This includes pain, anxiety, depression, or loss of enjoyment of life.
Punitive damages: If your crash was caused by intentional behavior or gross negligence, you may be eligible for punitive damages. These are meant to punish the responsible party and deter similar behavior in the future.

How can an attorney help me?

Without the help of an experienced car accident lawyer, you could find yourself paying for someone else's negligence out of pocket. Don't expect to get any help from the insurance companies. They're more interested in keeping their costs down than compensating you. You deserve better than that.

That's why the attorneys at Recht Law Offices are here to fight for you. We know how devastating a concussion from a car accident can be on your life. We won't let the insurance companies push you around. Our law firm serves injured motorists in West Virginia, Ohio, and Pennsylvania. Contact us online to set up a free, no-obligation consultation.