Unseen Injuries: Negotiating Concussion Settlements in Auto Accident Cases
An Introduction to Concussions and Personal Injury Law
Car accidents change lives in seconds.
Beyond the sudden shock and disruption, there is often something less visible at work: injuries that do not appear outside and are not evident to victims and others at first sight. While many people worry about broken bones or cuts or bruises, it is not just these apparent harms that should concern us.
Concussions, a type of traumatic injury to the brain, are severe conditions with the potential to cause long-lasting pain, disability, and impairment. They might not come with clear signs or objective findings on diagnostic imaging tests like other injuries, but they can still turn your life upside down.
Chances are high that you or a loved one is dealing with the aftermath of a concussion if you are reading this article.
You are not alone. Every year, millions of adults and children suffer concussions and face the fallout of these silent injuries. Motor vehicle crashes account for a significant number of these brain injuries.
You might seem fine at first, only to discover you are not feeling like yourself later. Imagine having headaches, feeling dizzy, or getting bothered by light or noise. For some, it might be hard to think clearly or remember things.
These are all signals that something might be wrong with the brain. It’s tough because no one can see these symptoms at a glance, and diagnostic imaging cannot pinpoint the problem. Indeed, you may not even realize you had a concussion that affects you until days after the traumatic event.
That’s where understanding how to negotiate car accident settlements for concussions comes into play. For anyone who’s had a motor vehicle collision, it’s crucial to recognize that these hidden injuries cause real problems. Indeed, concussions affect your health, work capabilities (learn more about workers comp settlements for head trauma and concussions here), and daily life.
Getting a fair concussion settlement is about more than covering the medical bills that pile up after the wreck. It’s also about obtaining money damages for time missed from work, ongoing pain and discomfort, future medical expenses, and diminished quality of life.
This article explains how to get a top-dollar settlement for car accident concussion injuries. You will learn steps to persuade the auto liability insurance adjuster to increase claim reserves and pay money that makes you whole (or as close to it as possible).
Keep reading for more information.
Then call our car accident law firm for help getting the justice you deserve: 804-251-1620 or 757-810-5614. We represent motor vehicle collision victims in Virginia and Maryland.
Understanding Concussions
The word concussion stems from the Latin concussio or concutere, which means “to shake violently.”
And that is what concussions are – a blow to the head or a sudden jolt that shakes the brain inside the skull and changes your alertness or functioning.
Imagine your brain floating inside your head, cushioned by fluid. A hard enough shake or strike by or against an object can make the brain crash into your skull, which is solid and unyielding. This smash can change how the brain works for a while.
You receive a concussion diagnosis when you have these changes or loss or altered consciousness.
Your doctor may also call a concussion a mild traumatic brain injury (TBI). But do not let this terminology fool you. A “mild” brain injury is serious. You can learn more about TBI levels here.
What are Common Concussion Signs and Symptoms After a Car Wreck?
Not everyone with a concussion will have the same symptoms, which is part of what makes auto accident concussion cases tricky.
In addition, concussion symptoms may show up at different times for car wreck victims. For example, you may have symptoms immediately, while a passenger (spouse, child, friend, etc.) may have a concussion but not experience symptoms until hours or even days later.
Your symptoms and their onset give medical providers information on your concussion’s severity, how quickly (or slowly) you are healing, and the area of the brain injured.
For example, focal brain injuries (i.e., damage to one part of the brain) tend to result in fewer symptoms lasting less time than diffuse brain injuries affecting multiple areas.
Concussion symptoms fall into the categories listed below.
Emotional Symptoms of Concussion
You may feel the following after a concussion:
- Anger
- Anxiety (nervousness)
- Crying spells
- Depression
- Impulse control (socially inappropriate behavior)
- Irritability
- Not feeling like yourself but having trouble explaining why
- Personality changes
- Sadness (“feeling down”)
- Thoughts of self-harm or wanting to harm others
Cognitive Effects of a Concussion
You may experience the following cognitive symptoms after suffering a concussion:
- Brain fog
- Confusion
- Delayed responses to questions
- Drowsiness
- Difficulty concentrating and completing tasks
- Diminished executive functioning and processing speed
- Fatigue/low energy
- Loss of consciousness
- Memory problems
- Pre- or post-traumatic amnesia
- Reduced recognition (of others, sounds, voices, etc.)
- Reduced speech fluency
- Trouble with following instructions
Physical (Somatic) Symptoms after a Concussion
Common physical symptoms of concussions include:
- Balance issues
- Blindness
- Blurred vision
- Dizziness
- Headaches
- Migraines
- Nausea
- Sensitivity to light
- Sensitivity to noise
- Vomiting
Sleep Disturbances from a Concussion
You may have one or more of these sleep problems after a car crash concussion:
- Difficulty staying asleep
- Sleeping less than usual
- Sleeping more than usual (either during the night or by napping during the day)
- Trouble falling asleep
Why are Concussions Often Undetected and Unreported and Called Subtle Traumatic Brain Injury?
Some medico-legal literature calls concussions subtle traumatic brain injury or invisible injuries.
These terms refer to medical providers and car wreck victims missing the concussion diagnosis early or not realizing how much brain damage the crash caused.
Several reasons explain why it can take a while to diagnose a concussion after a motor vehicle crash. These reasons include the following:
- Car crashes are chaotic and may shake you up for hours or even days. This adrenaline rush can make it difficult to notice a concussion.
- Many automobile collisions that are severe enough to cause a concussion will also cause physical (orthopedic) injuries. These physical injuries require urgent treatment and become the focus for many crash victims and their medical providers.
- The first responders (ambulance service/emergency medical technicians) will likely arrive several minutes after the crash. By this time you may have regained consciousness, if you lost it at all. Similarly, you may be alert when you arrive at the emergency department. The emergency physicians, therefore, may note a standard Glasgow Coma Scale (GCS) score and attend to other injuries instead of the concussion.
- Many medical professionals who do not practice in neurology or psychology or keep up with studies related to traumatic brain injury medicine do not know all the warning signs of concussion and mild TBI.
- Concussions cause emotional and cognitive symptoms that are tough for accident victims to notice. For example, you will realize you suffered a torn rotator cuff or a lower back injury (such as a herniated disc) due to a decreased range of motion or trouble standing straight or walking for long periods. But you might not detect changes in impulse control or delayed responses to questions from a concussion. Or you may attribute these symptoms to pain medication for bodily injuries or something else.
You can decrease the likelihood of an undetected concussion by seeking medical treatment (even if you think you are okay) and telling your doctors about the mechanism and type of car wreck.
For example, high-speed collisions involving cars, trucks, motorcycles, bicycles, and pedestrians are more likely to cause acceleration or deceleration forces on the brain or head rotation that results in trauma.
Common Treatment for Concussions
Treatment for concussions and mild TBI is often conservative.
Your doctor will likely recommend that you take some time off work to give your brain rest. You should avoid activities requiring mental concentration during this time, such as watching television, reading, texting, using a computer, or playing video games. In addition, you should avoid physical activities such as playing sports or weightlifting that may trigger your symptoms.
If you continue to have problems from the concussion after resting for a few days, your doctor may prescribe medication, therapy, and counseling. The goal of these treatments is to increase your abilities.
Handling Claims and Cases Involving Concussions
Satisfying the laws governing notice and how soon you must file a civil action (known as the statute of limitations) and getting the needed evidence is tough enough when healthy.
Doing it while dealing with the side effects of a concussion can seem impossible.
Our law firm helps brain injury victims by complying with procedural rules and gathering and developing the following:
- Evidence from the Accident includes photos from the crash scene, a police report, and contact information for any witnesses. These items show who caused the accident and help prove the elements of negligence (the basis for most personal injury lawsuits and tort claims). And remember to send a spoliation letter soon after the crash to preserve this evidence.
- Medical Reports: These papers are essential to show causation and pain and suffering. For example, reports and records from emergency medical services, the initial hospitalization, neuropsychologists, neurosurgeons, neurologists, neuropsychiatrists, and primary care physicians can explain how you got concussed in the crash and how it affects you. In addition, you can use ongoing treatment and therapy to prove physical pain and suffering damages.
- Expert Testimony: Sometimes, you need to bring in an expert, such as a doctor, to explain the extent of your injuries and disability or an accident reconstructionist to testify why the other driver is at fault. Indeed, good expert witnesses can explain why you have severe damage and what your medical treatment plan looks like even though the concussion and its effects are invisible. We recommend undergoing a neuropsychological assessment to build your mild TBI case.
- Witness Statements: Obtaining written statements from family members, friends, coworkers, supervisors, neighbors, clergy, and others who knew you before the crash and can explain how the concussion has changed your personality helps get fair settlements and jury verdicts.
Valuing a Concussion Claim: Components of a Settlement
When dealing with a concussion from a car accident, the process of determining the value of a claim involves several considerations. Here’s how it’s generally broken down:
Medical Expenses
The cost of medical care – through the date you reach maximum medical improvement (MMI), as well as future medical expenses for palliative care – is your case’s foundation.
Calculate how much your medical providers charged (which is likely more than what you or your insurance paid for these services) for doctor visits, diagnostic tests, physical therapy, medication, hospitalizations, chiropractic care, epidural steroid injections, mental health/psychiatric counseling, and any other treatment for your head trauma.
In addition, we recommend hiring a life care planner or nurse to project how much future treatment for the concussion will cost.
Lost Wages and Diminished Earning Capacity
A concussion may cause you to miss time from work.
Indeed, the effects of mild traumatic brain injury may result in mistakes on the job and discipline, such as termination or demotion. Or it could prevent you from potential promotions with higher earnings.
Further, the accident may result in the loss (or usage) of sick leave benefits and paid time off (PTO).
Consider these factors when calculating a fair car accident concussion settlement.
Also, consider hiring a vocational expert to conduct a labor market survey and explain how your concussion symptoms limit job opportunities in your geographic area.
Pain and Suffering
Compensation for pain and suffering relates to the physical pain and emotional distress experienced following a concussion. It acknowledges that the impact of subtle brain injury extends beyond medical bills and can permeate every aspect of your life, including your self-esteem and motivation.
Loss of Enjoyment of Life
Concussions can have long-lasting effects, hindering your ability to enjoy daily activities and hobbies or maintain your pre-crash lifestyle.
Compensation for these intangible losses is also a component of a comprehensive claim.
The specifics of each case will significantly influence claim value. For instance, a person with a mild concussion, requiring minimal medical intervention and little time off work, might have a comparatively lower claim value. In contrast, someone sustaining a severe concussion necessitating extensive treatment, causing chronic discomfort, and impacting their quality of life would likely have a much higher claim.
Calculating an appropriate settlement is complex, reflecting how an injury can impact the individual. Each case carries unique circumstances to consider to get fair compensation. Experienced attorneys are skilled at navigating these nuances, advocating for a settlement that accurately reflects the full scope of the hardship endured.
Negotiation of Auto Accident Concussion Settlements
The settlement process for concussion-related injuries in a car accident isn’t straightforward.
You must have patience and follow a clear strategy reflecting the strengths and weaknesses of your case on the issues of liability and damages.
Every step in this process is a calculated move. Unlike visible injuries, concussions have symptoms that might be hard for others to understand. They can also forecast complications later in life, making the settlement not just a matter of current troubles but potential future hardships. The invisible nature of concussions necessitates a more nuanced negotiation strategy. It’s not simply about what’s fair now, but what’s fair in the grand scope of your life, post-accident.
Remember, the goal isn’t just to settle but to settle in a way that fully recognizes the gravity of your injury and its repercussions. This complex process is why an experienced negotiator’s awareness of the intricacies specific to concussion cases is invaluable.
Here’s a simplified breakdown of how these negotiations typically unfold and why a particular approach is crucial due to the complex nature of concussions.
The Starting Point: Demand Letter
The settlement process often begins with a demand letter to the insurance company. This letter outlines the theory of the case, weaving together the accident’s details, the nature of your concussion, the treatment received, and how your life has been affected. It also includes the amount you’re seeking in compensation. This letter sets the tone, so it’s a critical piece of the negotiation puzzle.
The Back-and-Forth: Offer and Counteroffer
After the insurance company reviews your demand, they might respond with a counteroffer, usually a lower amount than requested. Here’s where strategy comes into play. Common tactics include the following:
- Comparison: Your attorney may refer to settlements from similar cases or jury verdicts, arguing why your compensation should align with these precedents.
- Highlighting Severity and Impact: Because concussions are internal injuries, their impact isn’t visually noticeable (other than through changes in personality or work performance). Your legal team will emphasize the seriousness, using medical reports, expert opinions, witness statements, and employment records to document your post-accident struggles.
Pushing the Pain Points
Attorneys often highlight specific life-altering consequences you’ve endured, like persistent headaches, sensitivity to light, or memory issues, to underscore your suffering and justify your demand.
Alternative Dispute Resolution
The court may order, or the parties may voluntarily participate in, alternative dispute resolution proceedings such as mediation or arbitration (read a sample pre-mediation statement/brief here).
These hybrid methods give the parties their day in court with somewhat flexible rules.
Reaching Resolution: Settlement Agreement
If both parties agree on a number and other terms, the negotiation concludes with a settlement agreement. This legally binding document requires your acknowledgment that you accept the amount in complete resolution of your liability claims, meaning you cannot seek further compensation from this defendant driver for this incident.
You may, however, continue to receive or pursue workers compensation benefits if the car accident occurred while on the job. Indeed, you can even settle your occupational injury claim and receive a workers comp payout.
In addition, you may have a product liability claim if a vehicle defect caused the accident and concussion.
Further, you may have a first-party insurance claim against you or the vehicle owner’s uninsured or underinsured motorist insurance coverage.
What is the Average Settlement Amount for Concussion Injuries from Car Accidents?
The range for car accident concussion settlements varies based on the injury’s severity, available insurance coverage, and whether you develop post-concussion syndrome, have other bodily injuries, or developed post-traumatic stress disorder (PTSD).
In our experience, the average settlement for concussions from car accidents ranges from $40,000 to $500,000 or more. Predicting where your case should or will resolve requires an examination of the specific facts and your jurisdiction (i.e., whether your community is plaintiff or defense-friendly).
The Role of a Personal Injury Attorney in Concussion Cases
Dealing with a concussion from a car accident is a serious matter. It’s not just about medical bills; it’s about your health and your family’s financial security, both now and in the future. That’s why having a personal injury attorney with experience in concussion cases is vital. Let’s discuss why such legal help is essential and how the right attorney can significantly affect your settlement.
1. Why You Need a Lawyer: Concussions can complicate your life in ways other injuries do not. They rarely appear on medical imaging such as CT scans, and their effects can last long after the accident. Because of these factors, proving the real impact of your injury is challenging and requires a skilled presenter’s touch.
A top-ranked attorney knows the legal system inside and out. They can help ensure you follow the procedural rules and develop evidence to increase the likelihood that you are not left footing the bill for an accident that was not your fault. But more than that, they understand the long-term problems a concussion can create. And they will fight to ensure your settlement includes compensation for future medical needs or life and career changes.
In addition, your lawyer will look for other sources of recovery and insurance coverage to make you whole.
2. The Right Lawyer Can Change Everything: An attorney specialized in concussion cases goes beyond general legal knowledge. They’ve seen cases like yours before. They know where to look for the evidence that supports your claim, whether it’s medical records, expert witness testimony from medical providers specializing in treating brain injuries, or specific laws that protect victims of car accidents.
These attorneys also understand insurance companies’ tactics to minimize suffering and pay less. With this knowledge, they can counter low settlement offers and argue effectively for the compensation you deserve, considering all aspects of your life affected by the concussion.
3. Choosing Your Attorney: How do you pick the right concussion lawyer? Here are essential things to consider:
● Experience with Concussions: You want someone who’s handled concussion cases before. This background means they’ll be more prepared to recognize and address the nuances of your situation.
● Successful Track Record: Look for a lawyer with a history of securing favorable settlements or verdicts. Success in past cases shows they know how to win.
● Personal Approach: Choose someone who treats you like a person, not a case number. They should listen to your story, understand your concerns, and keep you updated as your case progresses.
● No Upfront Fees: Many personal injury attorneys work on a “contingency” basis, meaning they only get paid if you win. This arrangement shows they believe in your case and will work hard for victory.
Obtaining a concussion settlement is something to take on with others, not alone. The right personal injury attorney can be the guiding force that navigates the complexities, fights for your needs, and seeks a resolution that fully acknowledges the challenges you have faced – and will continue to face – due to your mild traumatic brain injury. Your health and future deserve the best support available.
Why a Local Personal Injury Attorney is Crucial in Mild TBI Cases
When you are dealing with the aftermath of a car accident, especially one involving head trauma, having the right legal help is not just helpful: it’s crucial. But it’s not just about finding a lawyer; it’s about finding the right one near you. Why does that matter? Here are the key reasons:
- Familiarity with Local Court Rules and State Laws: Every state has its unique set of laws, and every court has its own civil procedure rules. Virginia is no different.
Our law firm has offices in Richmond, Newport News, Baltimore, Hagerstown, Cambridge, and Palm Beach Gardens. And our attorneys know the relevant laws and rules applicable to personal injury cases in these states.
- Dealing with Local Insurers: Our attorneys have crossed paths with Maryland and Virginia insurance carriers (such as Geico, State Farm, Nationwide, etc.), claims adjusters, and insurance defense attorneys before. We know how these companies and law firms work, their tactics, the doctors they frequently use for defense medical examinations, and how they respond to claims during settlement negotiations and after you file the complaint. This experience is invaluable because it means your attorney can anticipate what’s coming, giving you an edge in negotiations.
- Connection with the Community: A local attorney doesn’t just work in Richmond, Chesterfield, Newport News, or Virginia Beach; they live, grew up, or have family here. They care about the community and its residents. That means they’re fighting for a neighbor, not just a client. And because they’re part of the community, they understand what you’re going through on a more personal level, driving them to seek the best outcome for you.
Hiring a personal injury attorney in your state gives you a home-field advantage. You’re not just getting a lawyer; you’re getting a specialist in your local rules, courts, and community. And when it comes to fighting for your rights after a concussion, that local expertise could make all the difference.
Ready for the Next Step After a Car Crash Concussion? Call a Top-Rated Brain Injury Attorney
If this journey feels overwhelming, remember that help is just a phone call away.
Do not put your health on the back burner or let uncertainty dictate your decisions. Contact a personal injury attorney with experience resolving concussion cases for top-dollar amounts.
Our brain injury law firm is ready to listen, understand your case, and offer you the guidance you need without any obligation.
Taking this step could make a significant difference in your peace of mind and the concussion settlement you receive. Let us ease the burden – call now to empower yourself and your family.
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