Car Accident Concussion Settlements in California: What Victims Should Know

Victims are claiming car accident concussion settlements in California. See if you qualify and what you need to know.

Our experienced San Bernardino car accident lawyers at LA Century Law explain car accident concussion settlements in California.

How Car Accidents Cause Concussions

Car accidents cause concussions through deceleration and blunt force trauma.

Deceleration

Before the car accident occurs, one, two, or more vehicles are in motion. Vehicles usually travel much faster than a person can run. When a crash occurs, this motion comes to an abrupt stop. The people in the vehicle, however, keep moving.

The result is that people in the vehicle may be thrown and jostled at speeds that the body cannot withstand. They may have whiplash from the snapping and twisting of the neck. When the head is shaken, a concussion may occur.

Blunt force trauma

Blunt force trauma can occur in several ways in a car accident. A vehicle may strike a person in a vehicle or a pedestrian. A person may be thrown from a vehicle and strike the ground. Airbags may be deployed. These are ways that blunt force trauma can result in a car accident concussion.

Whether a concussion is a standalone injury or the victim has multiple injuries, they may claim compensation for the losses they have from the accident.

Concussion vs. Traumatic Brain Injury: The Key Distinction

A concussion is a type of traumatic brain injury. Traumatic brain injury is harm to the brain from an external cause. It’s not degenerative and does not occur naturally. A concussion can occur with or without an object striking the head. Shaking can be enough to cause a concussion.

A concussion is the disruption of normal brain function. It’s not necessarily a loss of consciousness, but any disruption of normal cognition. The disruption can be slight or severe. It can last for moments, or it can be long-lasting.

Post-Concussion Syndrome: When Symptoms Don’t Resolve

Often, car accident concussion symptoms are resolved quickly with care. The person may need rest and medical monitoring. Symptoms may improve in weeks or months.

Sometimes, concussion symptoms don’t resolve. Months later, a person may still have cognitive issues, mood instability, headaches, and dizziness. These symptoms can be painful and disruptive.

Post-concussive symptoms can be part of a settlement for a concussion after a car accident. As a victim, there are some important things to know:

Case timeline. It can be tempting to accept the first offer from the insurance company. However, it may take time to understand post-concussive symptoms fully. The person may need to establish a pattern of care and course of healing. Settling the case too early can mean receiving too little in compensation.

Causation. The victim must prove that their injuries are the result of the car accident. That includes showing that post-concussion symptoms are from the car accident. Medical evidence may be especially important.

Financial and non-financial damages. When you claim compensation for post-concussion symptoms, you may claim for both financial and personal losses. For example, when symptoms interfere with work, that’s a financial loss. Physical suffering is a personal loss. Legally, these are called economic and non-economic damages. You may claim both types of losses for post-concussive syndrome following a car accident.

What Is a Car Accident Concussion Settlement Worth in California?

Concussions vary significantly in their severity and duration of symptoms, so car accident concussion settlements vary, too. Some of the factors that impact the amount of a settlement are:

• Costs of medical care for all injuries.
• Future medical care, including for post-concussive syndrome.
• Lost income.
• Cognitive, behavioral, and emotional changes caused.
• Changes to family relationships and social functioning.
• Physical pain.
• Emotional anguish, mental suffering.
• Legal fault, and how easy or hard it is to prove the case.
• Questions about the cause of injuries.
• Ability to collect compensation, including from insurance policies.
• How you pursue the case.

Generally, the greater the injuries and losses, the greater the settlement should be. An experienced lawyer can personally evaluate what your case may be worth.

How to Document a Concussion for Maximum Compensation

How you pursue your case matters. To receive a maximum car accident concussion settlement, you must document your case.

• Documenting a concussion may involve:
• Immediate medical care.
• Follow-up care. Specialists and in-depth medical examination.
• Journaling medical care, symptoms, and progress.
• Witnesses who have observed the victim and their behavior.
• Accident reconstruction, scene evaluation.
• Vehicle data recorders, video, and photographs.
• Employment records.

With representation from an experienced attorney, you have guidance in documenting your concussion. Our lawyers gather evidence. We can also explain how to journal your symptoms to help your case.

Why Insurers Fight Concussion Claims — And How Attorneys Counter

Insurers fight concussion claims for several reasons:

• Invisible injury. Concussions aren’t visible. You may not know if a person has had a concussion by looking at them.
• Documentation. Concussions can be difficult to document medically. Mild brain trauma may not show on imaging scans. Doctors may need to rely on cognitive testing and self-reported symptoms.
• Variability. Some concussions are life-changing. Others heal over time. This variability gives insurance companies a window to dispute good claims.
• Pre-existing conditions. Insurance companies may brush off post-concussive symptoms as pre-existing conditions.
• Symptom recognition. A victim may not realize they have ongoing concussion symptoms.

You can fight back

Even though these insurance company tactics are common, you can fight back. Sound medical documentation can build your claim. Plus, it’s important to avoid mistakes, like apologizing, saying too much to the insurance company, or getting caught doing things that are too active for your physical condition. In addition, how you pursue your claim legally and through strategic negotiation can impact your case outcome.

LA Century Law provides full-service representation. Our attorneys can build your case and pursue compensation for you.

Contact LA Century Law If You Suffered a Concussion in a Crash

If you’ve suffered a concussion in a crash, we invite you to contact LA Century Law. See how our team of experienced professionals helps car accident victims get the compensation that they deserve. Call or message us now.