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Accidents can be very hard to deal with for victims for a variety of reasons. What may immediately come to mind is the sheer level of anguish that can come from the impact of the accident at the immediate point. However, it's essential to remember the lingering effects and complications that are often a reality for those who are affected.
For example, whiplash may or may not feel painful in the moment, but it can lead to a series of complications, which may or may not be permanent. Sometimes, people don't start dealing with the symptoms until weeks after the accident, and they can seriously affect the quality of life someone can realistically have.
Car accidents are havens for a series of different serious injury types, and one of these is a concussion. Powell Law Firm can also provide insight to a ptsd car accident settlement amount. Check out the information below to understand how concussion injuries work and how compensation proceedings will typically work for victims who may be suffering from one.
What Is a Concussion?
It's a good idea to have a baseline of what a concussion is. First, it falls under the traumatic brain injury (TBI) umbrella. Usually, there will be a bump, blow, or jolt to the head or body. All these can be produced by accident circumstances.
The actual concussion occurs when the brain bounces around inside the skull and undergoes a chemical change. Some people are under the impression that it takes a really hard blow to the head to produce these kinds of results, but that couldn't be further from the truth.
What Do Concussion Symptoms Look Like?
Like whiplash, the symptoms of a concussion don't always come on immediately, which can lead people to believe that all is well. There may be hours or even days before any symptoms begin to present themselves. In any case, these are some of the symptoms that concussion victims will experience:
A loss of consciousness. This will often come when the concussion is moderate to severe. Victims will simply get knocked out or present a temporary spell of unconsciousness.
As is the case with many other significant head injuries, victims may find that they lose the ability to focus.
Confusion is another symptom. Some concussion victims will describe this as a sort of "brain fog." Effectively, they lose the ability to think properly, which is usually a temporary symptom.
Headaches can also occur and may be anywhere between mild to severe. Note that the feeling is not always that of a normal headache. In some cases, victims may notice that there is a feeling of pressure lingering inside the head. Headaches are arguably the most prevalent occurrences across the board where concussion injuries are concerned.
Amnesia is a possibility. Some people who have suffered a concussion will find that they have trouble recalling what caused the concussion. The moments before and after will sometimes be hazy too. Some people will have an even greater form of amnesia, but this is uncommon.
Post-concussion Syndrome
Most people will recover from their symptoms anywhere between a few days to a few weeks, especially when there is a mild traumatic brain injury at play. However, others will see symptoms that go for quite a bit longer, even spanning months. This is what is known as post-concussion syndrome.
What Kinds of Scenarios Can Result in a Car Accident Concussion?
As indicated before, it doesn't necessarily take an unnaturally hard impact for someone to suffer a concussion from a car accident. Many different forceful or sudden impacts are enough for one to happen. With vehicles involved in accidents, the abrupt head movement resulting from the sudden change in direction and speed is very problematic.
There are a few common instances in which concussion injuries tend to result and these are as follows:
Direct impact: This is where someone's head will directly hit something to cause a concussion. Some examples of things the head may strike include a window, pavement, steering wheel, or wall. Whenever there is blunt force trauma in this way, a personal injury lawsuit will typically have a higher average settlement amount.
Rotational forces: Rotational-based concussions will typically result when vehicles are involved in side impact or rollover accidents. The movements here will cause the brain to twist inside the skull, which can possibly result in a concussion occurring. When there is a great force, the likelihood increases.
Whiplash is also one of the reasons that someone may suffer a concussion. If a vehicle is hit from being or stops suddenly, those in it may find that their heads are whipped back and forth. Traumatic brain injuries, such as a concussion, can result from this kind of unexpected and sudden movement.
What Amount Should You Be Looking Forward to from Personal Injury Claims?
Bear in mind that every personal injury case is unique. This is one of the reasons motor vehicle accident lawyers will typically do consultations first since it's important to get a working knowledge of the elements of the case. Therefore, it is incredibly difficult to say what kind of compensation may be awarded for the head injury.
With that, once you are working with a seasoned attorney, you can rest assured that everything possible that could be done to ensure that you get the compensation you deserve will be done.
If you are looking for an exact dollar amount, a range of $20,000 to $200,000 is apt. You'll notice that the range is incredibly broad, and this echoes what was said before. There are a lot of factors that go into a concussion settlement, so it's very difficult to know how much to expect unless your case is properly evaluated.
Which Factors Will Affect The Settlement for Concussion Injuries?
There's a lot that will be taken into consideration to ultimately determine what kind of settlement you receive following your concussion injury. Here are the important ones you'll want to keep in mind.
Injury Severity
Remember that not all concussions are equal. Some will reasonably be a lot more severe than others. As you'd expect, the more severe the concussion, the greater the amount that can be recovered as compensation.
The simple reason for this is that the more severe concussions tend to be the ones that lead to the long-lasting complications that will compromise the quality of life of the victim.
Settlement possibilities are even greater in cases where there is a post-concussion syndrome at play.
What You Say
Many people don't realize that what they say and do after an accident can greatly help or harm their chances of recovering the compensation that they deserve. An insurance company is supposed to be there to ensure that victims are taken care of for their medical expenses, lost wages, etc.
However, this is typically not the priority. Instead, these companies will do everything in their power to not have to pay victims, even when those they represent are negligent.
What you may find is that immediately after the accident, the negligent party's insurance company reaches out to find out how you're doing.
This may look like a gesture that is meant to show care for you. Realistically, it tends to be a ploy to get you to say something that may jeopardize your compensation later. For example, since concussion symptoms can take time to show up, you may indicate that you're not having any problems and you feel fine, which will, in turn, be used against you later.
The Total Damages
The settlement may not just be about the concussion. Depending on the circumstances of the accident, there may be other damages at play. Maybe you can't work for some time or you own something that was damaged in the accident. Perhaps you can't fulfill your marital duties as a spouse.
These are all damages that can have financial implications for the negligent party and form a part of your settlement.
The Statute of Limitations
Remember that there is a time limit to file a claim for personal injury. In Missouri, the allotted period is five years. You must file within this time or you will no longer be eligible for the compensation that you deserve. In general, you should try to file as early as possible, considering that it's easier to collect evidence that way.
The Presence of Negligence
Negligence is always one of the most important parts of any injury claim. Motorists are expected to exercise their duty of care as they use the roadways. Once it's possible to prove that the negligent party made an error or showed a lack of regard, it's easier to claim compensation.
Schedule a Free Consultation with a Seasoned Personal Injury Attorney Today!
A car accident is no joke and when it causes injuries such as a concussion, it's even worse. Thankfully, with an experienced car accident attorney on your side, it's that much more likely that your personal injury claim will be fruitful.
If you were injured in a car accident because of someone else's negligence, you may be entitled to compensation. Schedule a free consultation with a passionate personal injury attorney at Powell's Law Firm!