A car accident concussion settlement does not have a fixed amount. The settlement value of each case is different because no two cases are identical. The facts of your case will determine how much you may receive in a settlement of your car accident concussion claim. Even though each case is unique, there are five factors that determine the settlement value of every car accident concussion claim.
Factor One: How Severe Your Concussion Is
A concussion is a traumatic brain injury that may prevent your brain from being able to function normally. Usually, the impaired function is temporary, but sometimes people experience long-term consequences from this type of head injury.
Contrary to popular belief, most concussions do not cause the victim to lose consciousness. The typical effects of a concussion include headaches and difficulty with:
You might not be able to remember the event that caused the concussion — the car accident. In addition to the above, you might experience:
- Confusion, dizziness, or a “foggy” feeling
- Nausea and vomiting
- Ringing in the ears
- Slurred speech
Several days after the head injury, you can develop:
- Sensitivity to noise and light
- Depression and other psychological problems
- Irritability and other changes in your personality
- Difficulty with concentration and memory
- Sleep disturbances
Degrees of Concussions
Concussions range from mild to moderate to severe. Also, you might have other head injuries, such as a skull fracture. With a severe head injury, you might have to undergo surgical treatments to remove pressure on the brain or correct bleeding within the brain. Those complications can be life-threatening or result in permanent impairment of brain function. The worse your concussion and the complications, the higher the value of your damages claim.
When to Get Immediate Medical Care for a Concussion
Every head injury should receive prompt medical attention. Even if you already had a medical evaluation for your concussion, it is a medical emergency if you develop any of these symptoms, whether right away or days after a concussion from a car accident:
- Dilated pupils (larger than usual), unequal sizes of pupils, or other eye or vision abnormalities
- Ongoing or repeated dizziness
- Any of your symptoms worsen
- Large bumps or bruises on the head
- Difficulty with coordination or mental function
Factor Two: Whether You Suffer Chronic Headaches or Other Pain
Depending on the severity of your traumatic head injury, you might experience headaches for weeks or months after the accident. This result may be more likely if you have sustained previous head injuries. Noise and light sensitivity from the brain injury can inflict pain on the victim as well. A person who suffers chronic headaches or other pain may have a higher claim settlement value than someone who does not have those symptoms.
Factor Three: Any Long-Term Consequences or Impairment
Post-concussion syndrome is not limited to football players. Sometimes the brain injury symptoms that usually last only a few days in a typical concussion may linger for weeks, months, or longer — a condition known as post-concussion syndrome. Your risk of developing post-concussion syndrome is the same, whether you sustain a mild or severe concussion.
Although medical science still has a great deal to learn about this devastating condition, experts speculate that post-concussion syndrome happens when the concussion damages the structure of the brain or disrupts the messaging system within the nerves.
Factor Four: Other Injuries from the Car Accident
When you are in a crash that is significant enough to cause a head injury, you might have other injuries as well. In an accident injury settlement, we add the value of all of your injuries from the wreck together to reach a lump sum case value. If you sustained injuries in addition to the concussion, they may increase the expected settlement amount of your claim.
Factor Five: Whether You Were Partly at Fault in the Crash
Some people do not pursue legal action if they were partially to blame for the accident, but there is no reason to bear the full cost of your injuries if someone else was also at fault. A lawyer may help with the apportion of the negligence and calculate how much your settlement is worth, even if you were partly at fault.
Washington uses the legal rule of comparative fault, which reduces your settlement to account for your negligence but still allows you some compensation.
Getting Legal Help for A Concussion from a Car Accident
The car accident injury team at Max Meyers Law will talk with you and let you know if you might be eligible for compensation for your concussion. The only cases we handle are motor vehicle injury claims. We review accident reports and the medical records for our clients and deal directly with the insurance company, so our clients do not have to.Call us today at 425-399-7000 for a free consultation.