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Everything You Need to Know About Compensation For A Concussion After A Car Accident

Everything You Need to Know About Compensation For A Concussion After A Car Accident
Insights Car Accidents Oct. 17 5 min read

Concussions as a result of a car accident are very common injuries. They can occur from severe collisions like a T-bone or even from less threatening accidents like being rear-ended. In either case, the impact after a collision can lead you to hit your head on the steering wheel, dash, headrest, or window. 

This type of impact on your head causes brain injury, a concussion being the most common type in the traumatic brain injury category (TBI). Any type of brain injury should be taken very seriously as it can cause life-altering issues. 

Your first priority should be receiving medical treatment after you’ve hit your head in an accident, after that, you should consider hiring a personal injury lawyer who can help you get the compensation you deserve to cover present and future medical bills. 

Can I Receive Compensation for a Concussion?

Every accident has a different set of circumstances and facts that determine whether or not someone is eligible for compensation after a concussion. If you were hit by another driver acting negligently, you have a better chance of receiving payment than if negligence doesn’t play a part.

If fault has been established, but you want to know how much compensation you should expect for a concussion injury, the best way to calculate this is through the cost of the injury itself. You can do this by factoring in the following:

  • Present and future medical treatment expenses, which include costs for caregivers, prescription medicines, and medical equipment.
  • If you cannot work after the accident, calculate your lost wages. 
  • Pain and suffering as a result of loss of quality of life. 

Concussion injury cases are all different and can range from thousands of dollars to millions depending on the circumstances. You might develop what is called post-concussion syndrome, which has long-term and often debilitating effects. This will significantly increase the amount of compensation you are owed.  

Trying to calculate your settlement on your own can be difficult, and you never know if you are lowballing yourself. Having an attorney will ensure this doesn’t happen as they have experience calculating damages so that you get every cent you are owed. 

How Do I Win a Concussion Injury Case?

After an accident, you should always have a medical professional examine you. Through this, you can confirm whether you have a concussion by the doctor’s diagnosis of your injuries. 

After you have been seen and evaluated by a  medical professional, the next call should be to an experienced attorney. If you decide to make a personal injury claim, this information will be vital to your case as concussions can be difficult to prove as the damage is all internal with no open wounds. If you want to win your case, you need to gather the following information: 

  • Medical records such as diagnosis of the injury, bills, other expenses, and any procedures undergone, like an MRI scan
  • A doctor’s testimony—which can include written communication from them, or it might require an affidavit depending on if the case settles out of court or goes to trial
  • Notes to document the pain and suffering you have experienced after the concussion 

Even if you feel that you only suffered minor injuries after an accident, always seek medical assistance to document the damage. This will help your personal injury lawyer make a better case for your claim. 

What Should I Do After I Receive a Concussion Diagnosis?

After your accident, if you were diagnosed with a concussion, there are many medical and financial risks at play. The most important things to do after the diagnosis is:

  • Follow any advice that your doctor provides. Most of the time, rest is the best way to speed up your recovery, which you should take seriously. 
  • Know the signs that could indicate your condition is worsening. Over time, a TBI can become worse, so you need to be keeping a close watch on your symptoms. Signs of a worsening or delayed injury include;
    • Balance issues
    • Frequent headaches
    • Loss of motor control
    • Dizziness 
    • Sensitivity to loud sounds or bright lights
    • Smaller attention span
    • Confusion, disorientation, or clouded thinking in everyday tasks and situations 

If you begin to experience these symptoms, you might have sustained a more severe injury than a concussion. 

Is There a Statute of Limitations for an Accident Claim?

Whether you sustained a concussion in an accident or some other injury, all personal injury cases have a time limit in South Carolina. If you wait longer than three years to file a claim, your case will be rejected as the statute of limitations has ended. This is important to keep in mind so you don’t wait too long to file your claim. 

Final Thoughts

A concussion is a very serious injury and should be treated as such, both in receiving medical attention and pursuing legal compensation. With the rest required to heal from a concussion, it can be difficult to try and take legal action on your own. Hiring an experienced personal injury lawyer can ensure you don’t pass the time limit to file your claim and have better chances of getting the maximum settlement possible after an accident.

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