Of the nearly 2 million people who suffer a concussion each year, approximately 17% of them (about 300,000) are hurt in car accidents. If you’ve suffered from a concussion car accident, you might wonder whether filing a lawsuit is the right course of action. This decision hinges on various factors, such as the cause of your concussion, the timeline for symptom development, the severity of your injury, and the determination of liability.
The attorneys with the Jones Law Group have years of experience helping people injured in car wrecks caused by others. We’ll work hard to help you get the money you deserve by providing expert legal representation. You can schedule a free consultation by contacting us online or calling 727-571-1333.
What Caused My Concussion Car Accident?
Concussions resulting from car accidents primarily occur due to the forceful impact generated during a collision. When a car suddenly stops, accelerates, or changes direction due to an accident, the occupants’ bodies are set into motion. The head, a relatively heavy body part, is susceptible to rapid movement, causing it to jolt forward, backward, or sideways. This abrupt motion can lead to the brain making contact with the skull’s interior, resulting in a concussion.
Several factors influence the risk of sustaining a concussion in a car accident, including the following:
- Vehicle speed: The higher the speed at the time of the collision, the more forceful the impact and the greater the potential for a concussion. More than 10% of the people hurt in car crashes across the U.S. in 2020 suffered a brain injury.
- The collision angle: The angle at which vehicles collide plays a significant role. Head-on collisions, for example, often result in a more forceful impact that increases the risk of head injuries.
- Seat belt use: Wearing a seatbelt is crucial in preventing head injuries. Seat belts help restrain your body during a collision, reducing the risk of your head jolting forward and causing a concussion.
Concussion Symptoms May Not Appear Right Away
One critical aspect of concussions is that symptoms may not be immediately apparent after a car accident. While some individuals experience symptoms right away, others may not notice them until hours or even days later. This delayed onset can complicate the decision to file a lawsuit because it affects the timing of your legal actions.
It’s crucial to seek medical treatment after an accident, even if you feel fine initially. A healthcare professional can detect and document any signs of a concussion.
Concussions Can Range from Mild to Severe
Concussions aren’t one-size-fits-all injuries. They span a broad spectrum, ranging from mild to severe. While mild concussions may result in temporary symptoms that resolve relatively quickly, severe concussions can lead to long-lasting and debilitating effects. Symptoms of a severe concussion can include memory problems, impaired coordination, and even changes in mood or behavior. Understanding the severity of your concussion is crucial when considering legal action.
It’s essential to recognize that the law acknowledges the impact of concussions on individuals, regardless of their severity. Even individuals with mild concussions can be eligible for compensation. The reason is that concussions can disrupt your life in various ways, affecting your daily activities, job performance, and overall well-being. Compensation can help cover medical expenses, lost wages due to time off work, and emotional distress caused by the injury.
How to Determine Liability in a Concussion Car Accident Case
Determining liability in a car accident case is fundamental when contemplating a lawsuit. Attorneys typically establish liability by examining who was at fault for the accident. Some of the factors they use include the following:
- Traffic violations: If one party violated traffic laws, such as running a red light or speeding, this can be crucial evidence in determining liability.
- Eyewitness testimonies: Statements from individuals who witnessed the accident can provide critical information about how the accident occurred.
- Accident reconstruction: Experts in accident reconstruction can analyze the scene, vehicle damage, and other evidence to identify how the accident unfolded, helping establish fault.
Factors to Consider Before Filing a Concussion Car Accident Lawsuit
Deciding to file a lawsuit for a concussion after a car accident is a significant step, and there are several crucial factors to assess before taking that step. Here are just a few to keep in mind.
The Severity of Your Concussion
The severity of your concussion plays a pivotal role in determining the potential compensation and the need for legal action. Consider the following aspects:
- Medical costs: More severe concussions often require extensive medical intervention, including hospitalization, surgery, and specialized treatment. These interventions can result in substantial medical bills. A severe brain injury can cost up to $3 million during the patient’s lifetime.
- Long-term effects: A severe concussion may lead to long-term or permanent cognitive and physical impairments. This can affect your ability to work and lead a fulfilling life.
- Rehabilitation: Severe concussions often necessitate long-term rehabilitation, including physical therapy, cognitive therapy, and psychological counseling. The costs associated with these therapies can be substantial.
- Lost wages: If your concussion’s severity has caused you to miss work for an extended period or permanently, the lost income can be substantial. It’s important to calculate both your current and potential future lost earnings.
- Non-economic damages: Severe concussions can result in non-economic damages, such as pain and suffering, emotional distress, and a reduced quality of life. Your attorney will factor these intangible losses into your evaluation.
Assessing your recovery timeline is crucial when considering a lawsuit. Evaluating how long your recovery will likely take and the associated financial and emotional burdens is essential.
For instance, a more extended recovery period typically means you’ll need medical treatment and rehabilitation longer. This, in turn, can lead to increased medical expenses and lost wages.
Extended recovery periods can also affect your mental and emotional well-being. It’s important to consider the emotional distress caused by a protracted recovery and its impact on your life.
The Benefits of Filing a Car Accident Lawsuit for Your Head Injury
Filing a car accident lawsuit for a head injury, such as a concussion, can offer several compelling advantages. Here are just a couple to consider.
As you’ve already seen, the expenses resulting from a concussion can be staggering. If you weren’t to blame for the accident resulting in your injury, you shouldn’t have to bear those financial burdens. Filing a lawsuit can help you obtain the compensation needed to pay for your recovery.
Holding the at-fault party accountable for their actions serves a broader purpose in promoting road safety. It sends a clear message that negligent or reckless behavior in traffic will not go unpunished, potentially deterring others from engaging in similar behavior.
Peace of Mind
Pursuing a lawsuit can provide a sense of closure and peace of mind. It allows you to regain some control over your life and address the consequences of your concussion. Knowing you are taking action to secure the compensation and justice you deserve can contribute to emotional healing and recovery.
Contact a Car Accident Attorney at Jones Law Group to Learn More
If you’re uncertain about filing a lawsuit for your concussion, consider seeking legal advice. The experienced car accident attorneys with the Jones Law Group can assess your case, provide guidance on the best course of action, and help you navigate the legal process. We’ll protect your rights and work to secure the compensation you deserve for your concussion-related damages.