What Is a Concussion Lawyer?
In the aftermath of a car accident, no matter how minor, it is crucial to have a doctor check you over. While you may feel fine, you could have an underlying condition and not know it. If you learn that you sustained a concussion in the collision, a lawyer can help you build a case against the at-fault party and recover damages.
A concussion lawyer focuses on this injury type for victims of slip-and-fall or motor vehicle accidents. These legal professionals can help you determine the overall value of your case and gather the necessary documents to build and prove your case. While you may feel that you do not need a legal advocate’s help if it is clear who the at-fault party is, you should focus on making a full recovery rather than dealing with stonewalling insurance providers who may go to every length to deny or low-ball your rightful legal claim. Even if you get a settlement, it may not be for the full and fair amount. Turning your situation over to a lawyer improves your chances of experiencing a favorable outcome.
What Is a Concussion?
During a car accident, the impact may slam your brain against the side of your skull, causing a concussion. One of the biggest dangers of concussions is that it may take days or weeks before you notice symptoms, which is why you should seek immediate medical attention even if you seemingly emerge from the incident without a scratch or bruise.
There are common concussion symptoms to look out for:
- Anxiety
- Headaches
- Changes in behavior
- Irritability
- Pupils of different sizes
- Memory loss
- Insomnia
Accident victims who notice any of these indications should receive immediate medical attention. Concussions left untreated can prove fatal.
Concussion Symptoms in Young Children
Perhaps you had a baby or small child in the car with you during the incident. If so, keep a close eye on your little one for concussion symptoms, especially because children may not communicate that something feels off. Watch out for:
- Low mood
- Crying more than usual
- Irritability
- Shifts in the child’s play style or school performance
- No longer enjoying favorite activities or toys
- Shorter or decreased attention span
- Chronic headaches (do not give a child aspirin if you suspect a concussion, as this medicine thins the blood)
Contact your child’s physician as soon as possible if you notice any of the above symptoms after a car accident.
How Can a Lawyer Help With Your Concussion?
If another’s negligence led to your concussion, you could have the right to sue for losses. Perhaps you endured expensive medical bills, lost wages, lost earning capacity, pain and suffering and emotional distress. You can seek compensation for each specific loss.
To win your case, you must provide adequate proof that you suffered a concussion and demonstrate the injury’s severity. You must also gather evidence that proves the at-fault party’s negligence caused your injury.
Defendants may turn to their auto insurance provider to cover your losses. Unfortunately, some at-fault parties in motor vehicle accidents either do not have insurance or do not have sufficient insurance to cover the full cost of a victim’s damages. If policyholders do not have enough insurance coverage, financial responsibility reverts to the defendant rather than the insurance company.
You can seek to recover damages directly from the at-fault party, but she or he may not have the assets necessary for your full judgment. Sometimes, defendants file for bankruptcy, which relieves them of their financial responsibility to pay for an accident victim’s injuries. If that happens, accident victims are back at square one for finding a way to cover their losses.
Proof of Injury
When dealing with an insurance company, you must show substantial proof of your concussion. Even if you have medical records and documents from your own physician, insurance providers may insist that you see one of their doctors for another examination. Even then, an insurance company’s doctor may disagree with your physician’s diagnosis.
Beyond medical bills, you may also experience a loss of income in the aftermath of your concussion. You must provide evidence of lost wages, such as submitting old pay stubs that show your salary before your accident. Your doctor can also help prove that you cannot work because of your injury. Concussion lawyers help you quantify your pain and suffering, such as demonstrating how your injury affects your daily activities and lifestyle.
Proving Negligent Behavior
Another aspect of building your case is proving that the other party’s negligence contributed to your injury and its resulting fallout. A legal representative can help you investigate the accident scene to piece together what happened. If you called the police to the scene after the accident, you may have a police report, which can also help prove whether the other driver caused the accident.
Concussion lawyers know what other elements of evidence help prove fault. Additionally, legal advocates can call on professionals to help build your case and show what happened during the incident.
What Is the Average Concussion Lawsuit Settlement?
Because of the many nuances involved in individual car accidents and concussions, determining an average concussion settlement amount may prove challenging. For instance, the cost of medical treatment depends on the concussion’s severity. Besides a concussion, car accident victims may sustain additional injuries, such as whiplash, which add to the settlement amount.
During the investigation, either your lawyer or the other party’s legal representative may discover that you bear a portion of fault for the accident. For example, while the other driver ran a red light, you could have made an illegal turn right before the accident, possibly making you partially liable for the crash. Depending on your state, your percentage of fault may affect the amount that you can recover for your settlement. Generally, the less fault you bear for the outcome, the more you can recover.
Work With an Experienced Local Lawyer
Did you sustain a concussion or traumatic brain injury during your recent car collision? Do not delay in seeking compensation for your resulting damages. Working with a lawyer better ensures that you protect your legal rights and maximize any settlement that you may qualify for. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.