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Filing a Claim for a Concussion Caused by a Car Accident

Posted on behalf of Arnold Law Firm in
doctor with picture of brain mrisAlthough concussions are considered mild brain injuries, they can have serious consequences for your health. Most people recover from these types of injuries, but usually only after getting the necessary treatment, which can be expensive. If you suffered a concussion in an accident caused by someone else’s negligent actions, you may be able to file a claim for compensation for your medical bills, lost wages and other damages. Let our personal injury lawyers in Sacramento help you file a claim to pursue the compensation you need. We offer a free consultation to discuss your legal options and there is no obligation to hire us. If you decide our firm is the right fit for you, we do not charge you anything while we work on your case.

How Car Crashes Could Cause Concussions

Concussions are most likely to occur when a person suffers a forceful blow to the head. People often suffer blows to the head in car crashes, slips and falls and many other types of accidents. Crash victims could hit their heads on the steering wheel, window, dashboard or an object that penetrates the windshield. However, some people may suffer a concussion even if they did not get hit on the head. This is because a concussion occurs when the brain bounces around or twists inside a person’s skull. Therefore, even the violent shaking of your head can lead to a concussion. A high-speed crash or rear-end crash could cause a violent shaking of the head that could result in a concussion. If your crash was caused by another driver, it would be up to your attorney to show the crash would not have occurred unless the other driver was negligent. Your lawyer would also need to link the crash to your injury and show why your injury resulted from the crash.

What Symptoms May Be Experienced?

There are a variety of symptoms a person may experience after suffering a concussion, including:
  • Dizziness
  • Forgetfulness
  • Amnesia
  • Vomiting
  • Nausea
  • Headaches
  • Blurry vision
  • Slurred speech
Although it is commonly believed that a person must lose consciousness if he or she suffered a concussion, this is not necessarily true. In many concussion cases the person may pass out from a hard blow to the head. However, there are many more cases of people suffering a concussion after never losing consciousness. If you are delaying medical treatment for a potential concussion because you did not pass out after the accident, you may be increasing the risk of a much more severe injury. By waiting, you could allow the injury to get much worse. You should always seek medical treatment soon after a crash.

What Evidence May Be Used to Prove a Concussion?

Before receiving treatment for a concussion, your doctor needs to diagnose you with one. This is usually done with several tests, including a neurological exam that tests the following:
  • Vision
  • Hearing
  • Strength
  • Sensation
  • Balance
  • Coordination
  • Reflexes
Your doctor is likely to do a cognitive test to review:
  • Concentration
  • Memory
  • Recall of information
You may also need to undergo some imaging tests such as a CT scan or MRI to determine the effects of a concussion. The results of all these tests, in addition to the expert testimony and notes from your treating doctor, could be used to help prove you suffered a concussion after the accident. Getting to a doctor immediately after the accident can help link your injuries to it.

Can I Recover Compensation for Long-Term Concussion Symptoms?

Some injury victims who experience a concussion may also suffer from post-concussion syndrome. This is a complex condition that could last for weeks, months or years after the initial concussion. About 10 percent of people who suffer a concussion will also experience this syndrome. There are additional symptoms a person may experience with post-concussion syndrome, including:
  • Insomnia
  • Anxiety
  • Light sensitivity
  • Noise sensitivity
  • Behavioral changes
  • Emotional changes
  • Migraines
  • Tension headaches
If you experience these symptoms long after the accident, you could file a claim for compensation for these long-term effects. Our attorneys may be able to help you negotiate a settlement that includes compensation for future damages. If negotiation does not work because the insurance company is refusing to offer a fair settlement, then we can help you file a lawsuit to pursue the full compensation you need. It is important to note that you would also need to prove these damages. Your treating doctor could provide additional testimony on long-term concussion symptoms and the likelihood of their development.

Call an Experienced Attorney

A car crash injury can lead to serious health complications if left untreated, and many injury victims often avoid the hospital or seeing a doctor after an accident for fear of the cost. Fortunately, you have the legal right to pursue compensation for your medical bills, lost wages and other damages if the accident was caused by someone else’s negligent actions. Let our experienced attorneys help you through the process of filing a claim to pursue the compensation you need. For decades our attorneys have successfully recovered millions on behalf of our clients, and we are prepared to help maximize your recovery as well.

Call 916-777-7777 to schedule a free consultation.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.