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Can You File a Claim for a Concussion After a Car Accident?

 
01/17/2022
Weinstein Legal

Last Updated: May 2nd, 2022 at 4:16 pm
Read Time: 1 Minute

If you’ve been in a car accident and hit your head, you may feel fine in the minutes and hours immediately after the crash, but that could be misleading. You could have sustained a concussion to your head. If you did, you’re entitled to damages for your injuries, lost wages, and pain and suffering. Don’t talk yourself out of getting medical treatment that can save you from permanent medical issues. Instead, make sure you are examined by a medical professional and contact an auto accident attorney me today. The personal injury attorneys at Weinstein legal work on a contingency basis, so you don’t have to pay out of pocket for professional legal advice from a top-tier attorney.

What Is a Concussion?

A concussion is an injury to the brain caused either by an impact to the head or a jarring of the brain within its casing. They are considered mild traumatic brain injuries (TBIs). While a single concussion is usually non-life-threatening, even having a single incident can result in:

  • Headaches
  • Ear Ringing
  • Nausea
  • Vomiting
  • Fatigue
  • Blurry Vision
  • Confusion
  • Lack of Focus
  • Dizziness
  • Slurred Speech
  • Memory Lapses
  • Slow Responses

If you are concussed, you may not be able to work, drive, or participate in many of your normal day-to-day activities.

How Concussions Can Occur in Car Accidents

The Center for Disease Control lists car accidents as one of the five most common causes of concussions, along with slip and falls, accidental blunt force trauma, physical assaults, and sports. There are many ways in which a concussion can occur in a car accident. Here are some of the more common causes:

  • An airbag hits the head or face.
  • The head strikes the headrest.
  • A flying object strikes the head.
  • The roof collapses, hitting the head.
  • The driver or passenger is thrown from the vehicle.
  • The head strikes the windshield or window.

If your head is struck in any way, make sure you speak to your doctor. Concussions are sometimes difficult to detect, and it’s crucial that you receive a proper diagnosis.

Signs of a Potential Concussion After a Car Crash

In order to properly diagnose a concussion, your doctor may have to order a CT scan. There are also, however, symptoms and warning signs of a concussion. If you exhibit any of the following signs, you should go to the emergency room for a professional medical opinion:

  • You appear drowsy or can’t be woken.
  • One pupil is larger than the other.
  • You have seizures or convulsions.
  • You have difficulty recognizing people or other familiar details.
  • You are confused, easily agitated, or restless.
  • You’re exhibiting unusual behavior.
  • You lose consciousness or have lost consciousness.

It’s important to note that in a convulsed state, you may not recognize these behaviors. As a rule, allow a doctor to examine you as soon as possible if you have any trauma to the head.

What to Do if You Show Signs of a Concussion After a Car Accident

Being involved in a serious car accident is a traumatic experience, both mentally and physically. The first thing you need to do is to respond to the immediate danger. That means that you need to make an immediate assessment of your surroundings to ensure that you’re not in continued danger. Call 911 as soon as possible so that police and fire rescue will respond to the scene. Once paramedics have arrived, allow them to examine you. Tell them that your head was injured during the accident. If they want to transport you to the hospital, allow them to take you. Otherwise, follow up with your doctor at your earliest convenience. If they determine that you have a concussion, contact a personal injury lawyer who handles car accidents before accepting a settlement from your insurance company.

How to File an Injury Claim for a Concussion After an Accident

You can file an accident claim through your insurance company just like you would for a property damage accident. But that generally isn’t in your best interest. The insurance company will assign an adjuster to your claim, and they may even make a settlement offer within the first 24 hours. However, in order to accept this money, you’ll have to sign away your right to make future claims. If your injuries turn out to cost more than you originally thought they would, or you have to miss work for longer than you had planned, you can’t go back and ask for more money. Instead, contact Weinstein Legal. Justin Weinstein is a personal injury lawyer in Florida who represents car accident victims on a contingency basis. That means that he only gets paid once he wins the case via settlement or litigation. All consultations are free, and attorney Weinstein can begin representing you immediately.

Damages in Concussion Cases

Personal injury lawyers divide car accident damages into two categories: economic and non-economic:

Economic Damages

These damages include anything that has a readily calculable monetary cost. Economic damages can include all medical bills, lost wages due to your injuries, property damage, and any other costs resulting from the accident.

Non-Economic Damages

The law recognizes that no one who has been involved in an injury accident is made whole solely by receiving reimbursement for their costs. Non-economic damages, which are often referred to as “pain and suffering,” attempt to compensate victims for physical pain, emotional trauma, loss of capacity, and other intangible costs resulting from the accident.

Punitive Damages

This type of damages is rare in car accident cases. Punitive damages are awarded by the court to punish the defendant further. Your attorney can advise you whether or not they believe that punitive damages are likely.

The Statute of Limitations

The state of Florida has a four-year statute of limitations for most civil claims resulting from accidents. That means that you have four years from the date of the accident to file a legal claim. However, with concussion claims, it’s important to start the process as soon as possible. Medical evidence, other physical evidence, and witness testimony can all become “stale” if you delay filing. Make a doctor’s appointment as soon as possible and call Justin Weinstein from Weinstein Legal for immediate professional legal advice.

Personal Injury Law Firm in Palm Beach and Broward

Justin Weinstein has dedicated his career to helping accidents victims physically and financially after traumatic accidents. Don’t take any chances if you’ve been involved in a car accident where your head was injured. Seek medical help and contact an experienced personal injury lawyer at Weinstein Legal for a free consultation.

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