Concussion Car Accident Settlement Amount

Understanding Your Rights and Potential Compensation

Concussions are a type of traumatic brain injury (TBI) caused by a sudden jolt or blow to the head. They occur when the brain bounces or twists inside the skull, stretching and damaging brain cells and causing chemical changes within the brain.

Car accidents are a leading cause of concussions. Every year, hundreds of thousands of people in the U.S. suffer concussions in auto accidents.

Unfortunately, concussions aren’t always taken as seriously as they should, despite their potential to disrupt life over the long term.

A Longmont car accident lawyer with extensive experience handling cases involving concussion and TBI can make a substantial difference in your concussion car accident settlement amount.

At Fuicelli & Lee, we understand the potential long-term effects of brain injuries, and we know they should never be undervalued in a car accident claim. We have a proven record of successfully representing clients with brain injuries and fighting for their full, fair, and complete compensation.

Is a Concussion a Traumatic Brain Injury?

Concussions are a form of traumatic brain injury (TBI). Medical professionals often use the terms “concussion” and “mild traumatic brain injury” interchangeably, as both refer to an injury to the brain caused by an impact or forceful movement of the head.

While doctors often classify TBIs and concussions as “mild,” they base the severity of the injury on the initial presentation of symptoms. However, describing a concussion or TBI as mild can be misleading, as even a so-called “mild” brain injury can have unforeseen serious and long-lasting effects.

For instance, some concussions can be long-lasting, such as those that develop into post-concussion syndrome, while a more serious head injury could potentially heal fully and leave no lasting effects.

Any disruption to normal brain function should be taken seriously and evaluated by a medical professional. The effects of a concussion can be complex and elusive, varying significantly from person to person.

Symptoms of Concussion

Concussions can produce a wide range of symptoms that may not always be immediately apparent. The symptoms and impacts of a concussion can persist for weeks, months, or even longer in some cases.

A recent European study reported by the University of Cambridge found that almost half the people who suffered a concussion still showed symptoms of brain injury six months later.

Common concussion symptoms include:

• Headache or pressure in the head
• Confusion or feeling dazed
• Dizziness or balance problems
• Nausea or vomiting
• Sensitivity to light or noise
• Blurred or double vision
• Ringing in the ears
• Feeling sluggish, hazy or groggy
• Difficulty concentrating or remembering
• Irritability or other personality changes
• Sleep disturbances
• Depression or anxiety
• Fatigue or drowsiness

The signs of a concussion after a car accident may not be readily apparent. Seek medical help after a collision, even if you feel fine. Adrenaline amid the chaos of a car crash can mask symptoms that may appear later.

How Common Are Car Accident Concussions?

Car accidents are one of the leading causes of concussions and other traumatic brain injuries. Government researchers and medical professionals estimate that car accidents cause 15-20% of all reported concussions each year in the U.S.

While exact numbers of car accident-related concussions are difficult to pinpoint, the estimates indicate that hundreds of thousands of people suffer concussions in auto accidents annually.

Concussions occur in various ways during a collision, including:

• Direct impact of the head against a surface (steering wheel, dashboard, window, etc.)
• Whiplash-like motion causing the brain to knock against the inside of the skull
• Sudden deceleration forces, even without direct head impact

The violent forces involved in car accidents, even in mild or low-speed collisions, can easily cause motorists to suffer a concussion.

What is Post-Concussion Syndrome?

Post-concussion syndrome (PCS) is a complex disorder that can occur after a concussion or “mild” TBI. It involves persistent symptoms that last weeks, months, or even years beyond the expected recovery period of the initial injury.

Car accidents frequently cause the types of head impacts or violent motions that lead to concussions and, potentially, PCS. Symptoms of PCS are the same as concussion and may include ongoing headaches, dizziness, fatigue, irritability, anxiety, insomnia, loss of concentration and memory, and noise and light sensitivity.

The unpredictable nature and potential long-term impact of PCS underscore the importance of thorough medical evaluations and experienced legal representation in concussion cases.

A PCS diagnosis can significantly increase the value of a car accident settlement due to the ongoing need for care. PCS often requires extended medical treatments. It can also affect a person’s ability to work and drastically diminish their quality of life.

If you have been diagnosed with PCS after a car accident caused by someone else’s negligence or wrongdoing, your lawyer will calculate the long-term effects, including future medical expenses, lost wages, and pain and suffering, when negotiating a settlement.

Factors that Influence Car Accident Concussion Settlement Amounts

Several factors help determine damages for a concussion sustained in a car accident. The most important thing to keep in mind is that the symptoms of concussions and other forms of TBI can persist for months, years, and even a lifetime, so they should never be undervalued in a car accident claim.

The factors that influence concussion damages include:

• Severity of the Injury: More severe concussions with persistent symptoms typically result in higher settlements. Your medical records and expert testimony from a physician, if necessary, can help establish the extent of your injury.
• Duration of Symptoms: If you experience prolonged symptoms or post-concussion syndrome, this may increase your settlement amount due to the longer-term impacts on your life.
• Impact on Work: Lost wages or income and diminished earning capacity can significantly affect settlement values. If your concussion prevents you from working, requires you to take a lower-paying job, results in loss of benefits and promotions, or causes other work-related economic losses, this will be factored into the compensation.
• Medical Expenses: Your claim should include all related medical costs, including emergency treatment, follow-up care, medications, and therapy.
• Pain and Suffering: The pain and emotional distress your concussion causes are compensable. While harder to quantify, these non-economic damages often form a substantial part of concussion settlements.
• Future Care Needs: If your concussion requires ongoing treatment, care, or other accommodations due to your concussion, these expenses should factor into any settlement you reach.
• Liability: The strength of your case against the at-fault party can influence settlement negotiations. Clear liability may lead to higher settlement offers.
• Insurance Policy Limits: The at-fault party’s available insurance coverage may cap the maximum settlement amount. If the insurance company refuses to offer you a fair settlement, your case could go to trial.

Long-Term Considerations of a Car Accident Concussion

When evaluating a potential settlement for a car accident concussion, the potential long-term effects that may not be immediately apparent should play a role. Some important long-term considerations include:

• Post-Concussion Syndrome: Some individuals experience symptoms that remain for weeks, months, or even years after the initial injury. This condition, known as post-concussion syndrome, significantly impacts an individual’s quality of life and may require ongoing medical care.
• Increased Risk of Future Concussions: Once you’ve had a concussion, you’re at higher risk for subsequent concussions, which can have cumulative effects. This increased vulnerability should be factored into your settlement considerations.
• Potential Cognitive Changes: Concussions sometimes lead to lasting changes in cognitive function, affecting memory, attention, and processing speed. These changes may impact your ability to work or perform daily activities.
• Emotional and Psychological Impacts: Brain injuries aren’t just physical. They can cause substantial emotional, psychological, and cognitive impairments. Many people experience emotional changes, including increased anxiety, depression, or mood swings. These psychological impacts can have far-reaching effects on their lives and relationships.

These long-term considerations underscore the importance of working with an experienced car accident lawyer who ensures your compensation accounts for all current and potential car accident concussion damages.

Potential Car Accident Concussion Settlement Ranges

Every car accident concussion settlement is different, and there is never a guaranteed maximum. The following amounts are broad ranges that your car accident lawyer may seek for a car accident concussion, depending on the circumstances of your case.

Mild Concussions

These cases often involve a quick recovery with minimal lasting effects. Settlement amounts for mild concussions can range from $20,000 to $80,000 depending on medical expenses and any other injuries you may have sustained. However, it’s important to note that even “mild” concussions can significantly disrupt your life, so don’t underestimate their impact.

Moderate Concussions

When symptoms persist for several months and cause bigger life disruptions, settlements tend to fall in the $80,000 to $250,000 range. These cases often involve more complex recovery periods and can have a greater financial impact on the victim’s life.

Severe Concussions

Cases involving long-term symptoms, significant cognitive impairments, or an extended inability to return to work may see settlements ranging from $250,000 to over $1 million. These life-altering injuries typically demand substantial compensation to cover ongoing care and lost earnings.

These ranges are not guarantees, and your specific case could fall outside these general estimates depending on your specific circumstances and all of the factors affecting your case, including the at-fault party’s insurance limits and your own coverage. Your car accident lawyer will explain all of the factors that determine how much compensation you can seek and your best course of action.

How One Concussion Opens the Door to Other Concussions

The increased risk of future concussions after an initial concussion is well-documented in medical research. There are several reasons for this:

1. Altered brain chemistry: A concussion disrupts the brain’s normal functioning and chemical balance. Even after apparent recovery, subtle changes may persist, potentially making the brain more vulnerable to future injuries.
2. Slower reaction times: Some individuals may experience lingering effects on their reaction times and cognitive processing speeds, even if they feel “recovered.” This can make them more susceptible to accidents that could lead to another concussion.
3. Balance and coordination issues: Concussions can affect the vestibular system, which controls balance. Even mild impairments in balance and coordination can increase the risk of falls, which are the leading cause of traumatic brain injuries and other accidents.
4. Incomplete healing: If a person returns to full activity before the brain has completely healed from the initial concussion, they’re at higher risk for another injury. The brain needs time to recover and restore its normal protective mechanisms.
5. Lowered concussion threshold: Some research suggests that after an initial concussion, it may take less force to cause a subsequent concussion. This means that impacts that wouldn’t have caused a concussion before might now be sufficient to cause one.
6. Cumulative effects: The effects of concussion may be cumulative, so every concussion you sustain potentially causes more damage. Subsequent concussions might result in more severe symptoms or longer recovery times.
7. Psychological factors: The anxiety or fear associated with the initial concussion might lead to changes in behavior or decision-making that could inadvertently increase the risk of another injury.

Being more susceptible to future concussions can factor into settlement negotiations; the increased risk of future injury represents a potential long-term cost and impact on the victim’s life.

Don’t Accept an Insurance Settlement Offer Without Consulting a Car Accident Lawyer

Insurance companies seldom offer injured parties the full compensation they deserve without a fight. Their agents are trained to protect company profits, so minimizing payouts is a standard practice.

Accepting a quick settlement offer that fails to cover your needs fully can adversely affect your future. The full effects of your concussion may not be immediately apparent, and accepting an early settlement offer may cover some of your immediate costs but could leave you under-compensated for future medical expenses or other ongoing impacts.

Hiring an experienced car accident attorney to manage insurance companies is the first step to getting the compensation you deserve.

How A Trial Attorney Can Make a Difference in Your Concussion Settlement

One advantage of choosing an experienced trial attorney to handle your car accident concussion claim is their courtroom experience and their willingness to take your case to trial if needed.

At Fuicelli & Lee, all of our attorneys have extensive trial experience. We aren’t just skilled negotiators; we are fierce litigators with a deep commitment to our clients.

When insurance companies know they’ll be up against a firm of trial lawyers, they may offer higher settlements more quickly. They know that we are prepared to go to court if they refuse to offer you a full, fair, and complete settlement.

Don’t let an insurance company undervalue your claim and leave you with an offer that fails to cover all your damages and losses. Call Fuicelli & Lee Injury Lawyers at (303) 444-4444 or contact us online for a free, no-obligation consultation.