Before filing a personal injury lawsuit, it is normal for victims to want to know how much compensation they can expect for the injuries they have suffered as a result of the car accident. After all, besides the pain and suffering they will be experiencing, victims also have to worry about medical expenses and lost wages.
As such, one of the first duties of a reliable personal injury attorney is to discuss the expected settlement amount during the initial consultation. Each personal injury case is unique, so it is important to evaluate the injuries suffered before determining the settlement value.
One of the most common types of injuries in a car accident is a concussion. As such, many victims want to know the concussion car accident settlement amount they can be awarded. Schuerger Shunnarah Trial Attorneys is here to answer that question and fight for the rights of car accident victims in Texas.
What Is a Concussion? - Mild Traumatic Brain Injury (TBI)
There are many types of traumatic brain injuries that victims can suffer when they are involved in a car accident. While every head injury should not be taken lightly, compared to skull fractures and other similar serious injuries, concussions are sometimes seen as a kind of mild traumatic brain injury (mild TBI).
A concussion usually occurs as a result of a jolt, blow, or bump to the head that has enough force to affect the brain tissue. Depending on the force of the impact, concussion symptoms can vary from a loss of consciousness to having no symptoms at all.
Other common symptoms of a concussion include dizziness, blurred vision, headaches, nausea, and vomiting. In many cases, treatment for concussions involves the use of pain medication and allowing the victim to rest.
When victims suffer a severe head injury, their concussion symptoms may persist for much longer than the doctors anticipated. Such head injuries are usually upgraded from a normal concussion to its more severe form called post-concussion syndrome.
Settlement amounts for these two types of head injuries are vastly different because of the long-term impact that post-concussion syndrome symptoms have on the victim. With such a serious injury, lawyers will have to consider the cost of future medical bills when determining post-concussion syndrome settlement offers from the insurance company.
The symptoms of post-concussion syndrome are very similar to that of a mild concussion. One major difference is that in the former condition, these symptoms tend to stick around for a long time. A car accident victim is diagnosed with post-concussion syndrome if they experience the following over a prolonged period:
Loss of concentration
Sensitivity to light and sound
Feelings of anxiety
Ringing in the ears
It is important to note that while the symptoms of post-concussion syndrome are not necessarily considered to be a form of permanent brain damage, they can and do last many years. Since there is no definite way to know how long these symptoms will persist, the settlement offer in such personal injury cases is often difficult to agree on.
Value of a Post-Concussion Syndrome Personal Injury Claim
The average concussion settlement amount is often between $20,000 and $80,000 depending on the severity of the injury. However, compensation for the long-term effects of post-concussion syndrome can result in higher settlement amounts of around $125,000 or more.
One thing victims of car accidents must know is that the range of compensation amounts varies greatly from one case to another. Therefore, depending on the symptoms that can be proved in court, they can expect much lower or higher settlement money for their injuries compared to average amounts paid to other victims.
Proving Concussion in Personal Injury Claims
The most difficult part of winning a fair settlement in a post-concussion syndrome personal injury lawsuit is proving that the victim's injuries are as serious as they claim.
After an auto accident, victims can go for days before experiencing any concussion symptoms. Even when the symptoms do arrive, they can come and go and are usually difficult to diagnose.
As such, victims need a very good attorney who can use medical records, witness statements, and other forms of evidence to prove that their client has suffered a concussion due to someone else's negligence.
The car accident lawyer in Houston may need to resort to expert witnesses who have a lot of experience dealing with concussion symptoms. Even then, the insurance company may try to downplay the severe injury the victim has suffered in an attempt to bring down the value of the concussion settlements as much as possible.
Factors Affecting the Average Settlement Amount for Concussion Injuries
In a personal injury settlement claim based on a concussion injury, car accident attorneys need to consider a wide range of factors that can affect the amount of compensation their clients can walk away with, such as:
The severity of the injury
How the victim acts after the accident (including what they say)
The policy held by the insurance company
Types of damages, such as medical treatment costs, lost wages, pain and suffering, etc.
The negligence of the at-fault driver
Texas' modified comparative negligence laws
The statute of limitations
The level of skill of an experienced attorney fighting for the rights of the victim
Victims Need a Good Personal Injury Lawyer
Many people debate whether a mild concussion warrants compensation after motor vehicle collisions. However, it is important to note that under Texas law, victims have a right to sue for the cost of medical care and other damages no matter how minor their injuries are.
Considering that the symptoms of a concussion are difficult to diagnose, it is important for victims to seek medical attention as soon as possible. After the doctor has examined them, they need to visit an experienced personal injury attorney to explore their legal options. They can also advise on a rotator cuff tear car accident settlement.
If what first appeared to be a minor injury turns out to be a serious case of post-concussion syndrome, victims have the right to seek maximum compensation for their injuries. They can call Schuerger Shunnarah Trial Attorneys and find out what settlements they can receive from the at-fault driver's insurance company.