Compensation for Traumatic Brain Injury from a Car Accident

Compensation for Traumatic Brain Injury

Written by Jeremy D. Earle, JD

May 29, 2023


One of the most devastating consequences of a car accident is a brain injury. Head injuries may occur in any collision, regardless of speed.

Bruises and cuts to the face and scalp are among the most common types of injuries.

In the United States, traumatic brain injury (TBI) is a leading cause of mortality and disability. TBI is to blame for 30 percent of all deaths in car accidents.

People between the ages of 15 and 44 are the most often hospitalised for brain injuries sustained in car accidents.

Minor brain injuries from car accidents may be treated and resolved within a few days for some people. Others may not be so fortunate, and may suffer brain damage or even death as a result of the accident.

It is important to know how to prevent errors with the insurance company and how to optimise your reimbursement if you or a loved one was injured in a car accident involving head trauma.

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Head Injuries Resulting From Car Accidents

A car collision may still cause serious injury to the brain, even with today’s advanced safety features. A accident may cause a person’s head to smash against the car’s side windows and frame. The head may be severely shaken from side to side and from front to back by the powerful force.

The head, eyes, and scalp may be damaged by flying items while driving. Passengers and drivers, particularly those who aren’t wearing seatbelts, may be ejected from the car and fall head-first on the road.

Fractured Skulls

When the force of impact penetrates the skull’s soft tissue, it’s an open head injury, or OHI. When this happens, the skull has the potential to break. The most frequent form of skull fracture in an car collision is a linear fracture. The skull is fractured, but not enough to expose the brain’s delicate tissue.

During a high-speed collision, the force of the collision pushes fractured pieces of the skull into the brain. This may lead to brain injury from bone fragments that infiltrate and destroy the tissue.

As we mature, the bone plates in our skulls begin to separate, resulting in diastatic fractures. The components must be surgically reattached.

A basilar skull fracture occurs near the base of the skull. Treatment is determined by the extent of injury to the brain and spinal cord, as well as other underlying systems.

Brain Bleeding Car accident head trauma may cause bleeding on the brain, even if no skull fracture is present.

Intracranial Hematoma is the medical name for bleeding in the brain (ICH). When we say “intracranial,” we mean the interior of one’s skull.

Two primary forms of cerebral hematomas are described in this article:

  1. When blood clots develop within the skull, but the clot is on top of the cerebrospinal fluid that surrounds the brain, an epidural hematoma
  2. The cerebrospinal fluid contains blood clots, which may cause subdural It takes a while for the blood to permeate the brain’s soft tissue, but eventually it does. It takes up more and more area as the bleeding progresses, obstructing and destroying brain tissue.

Subdural hematomas may grow rapidly, resulting in severe brain damage. Acute subdural hematomas are those that develop rapidly, which is why they’re referred to as acute. Life- threatening complications may arise from an acute subdural hemorrhage.

Eye and Vision Injuries

The retina is a delicate layer of tissue that covers the interior of your eye and is very sensitive. Your brain receives information from your retina through the optic nerve.

It’s possible to “detach” or remove a part of the retina from its natural spot in your eye in the event of an car accident. A detached retina may cause irreversible visual loss if it is not treated quickly.

A retinal detachment is a life-threatening situation. Get medical attention as soon as possible if you notice any symptoms. Remember to inform the doctor how you banged your head during the crash.

Floaters, bursts of light in the eye, or a curtain or veil in your vision are all signs of a detached retina.

Traumatic brain injury (TBI) and car accidents

In a car crash, there is a lot of violence. As a result, even incidents at moderate speeds may inflict significant damage on both drivers and passengers. Injuries to the head may be caused by both sudden jolts and hard force.

Injuries that don’t pierce or open the skull are known as closed head injuries. Internal injuries are the cause of the pain. A concussion is the most frequent closed-head injury.

There is more to brain concussions than a little annoyance. It is now known that even “mild” concussions are not to be handled lightly thanks to developments in medical knowledge.

“Mild,” “Moderate,” and “Severe” are terminology used to characterize how the damage affects brain function, according to Mayo Clinic experts. Even a moderate brain damage needs urgent medical treatment and a proper diagnosis.

A concussion is a serious injury

The brain is protected by the skull. Shock absorbing cerebrospinal fluid is found inside of the skull, protecting the brain in the event of an accident. The cerebrospinal fluid moves and the brain impacts the skull, creating a concussion, when the impact is severe enough. It is possible for a concussion to be mild, moderate, or severe.

After a minor concussion, most individuals are able to return to their pre-injury activities. In certain cases, the effects of a concussion may be permanent and even debilitating.

While some symptoms may be temporary, others may last for months or even years, depending on the severity of the concussion. Depression and early onset dementia may result from these alterations in the brain’s structure and function.

Traumatic Brain Injury Symptoms

A car collision need immediate medical treatment, both for your own health and for the sake of your insurance claim. After a car accident, always undergo a comprehensive medical assessment. A medical evaluation is still necessary even if you aren’t sent to the hospital right away after a car accident.

Emergency departments and urgent care centers are good options if your usual physician is unavailable. Inform them that you were involved in an car accident and detail the injuries you had as a result of the incident.

Treatment at the scene or delaying treatment to see how you feel is a very bad idea. By contending that your injuries were not caused by the accident, the insurance company will try to reject your claim.

Refuse to accept a “no.” You should call a personal injury attorney if your insurance company has refused your claim for a head injury.

Some signs of a brain damage may begin to emerge immediately after a car accident, while others may take days or even weeks to develop. There’s a chance you don’t even know you have a potentially fatal brain damage.

Even a moderate concussion will have a lasting effect on your brain cells. In the days and weeks after the incident, fractures, edema, and bleeding in the brain might be causing substantial harm.

You should keep an eye out for severe brain injuries (TBI). Call your doctor or go to the hospital if necessary.

Mild brain injuries have a variety of symptoms, including:

  • Loss of consciousness, even briefly
  • Drowsiness
  • No loss of consciousness, but feeling dazed or “out of it” Nausea
  • Headaches Mood Changes Dizziness
  • Problems with sight, smell, or hearing depression or anxiety
  • Sleep problems Memory loss

More severe traumatic brain injuries include the above symptoms, as well:

  • Loss of consciousness for minutes or longer Seizures
  • Dilated or irregular pupils (the black center of the eye) Headaches that won’t go away
  • Can’t be awakened from sleep
  • Fluid emptying from the eyes or ears (cerebrospinal fluid) Continued vomiting or nausea

Getting the Most Money for a Brain Injury

It is in your best interest to seek full compensation from the motorist who caused your head injuries in a car accident. If the at-fault driver’s insurance company hasn’t already offered you a settlement, you’ll have to start there.

It is important to notify the insurance company and the other motorist that you plan to submit a claim for injuries.

Sample has been designed to be simple to use. Injury Claims Notification Letters.

You will get a claim number from the insurance company after submitting a claim. You’ll use this claim number in any future communications. Claimants will be assigned to a claims adjuster from the firm

Evidence of loss is required in every personal injury claim. The insurance company of the at- fault motorist must be shown to be the direct and proximate (legally permissible) cause of your collision and subsequent head damage in order to get reimbursement.

All drivers have a legal requirement (duty) to operate their cars in a safe manner. Additionally, this entails keeping an eye out for other motorists and adhering to traffic rules and regulations. As an example, a motorist who sped, ran a red light, or texted while behind the wheel is considered irresponsible.

A motorist who is careless behind the wheel and causes an accident that results in injury owes restitution to the injured party.

It’s not enough to file a personal injury lawsuit. Even if you think the other motorist was to blame, the insurance company will not accept your explanation. It’s up to you to back up what you say. You need evidence to support your claim.

On the basis of strong evidence, successful claims are made

Evidence of the insured driver’s involvement in the accident is critical to successful insurance claims. You’ll need to demonstrate:

  1. This means that the insured driver did anything incorrect or did not drive as a decent motorist should have done.
  2. The crash was caused by the driver’s
  3. Injuries to your head resulted from the

The Accident Scene Is a Crucial Source of Evidence

When you’re in an car accident, always contact 911 to tell the authorities and request assistance. If you are hurt, tell the dispatcher where you are and how to get to you. It’s important for the dispatcher to know whether anybody else has been injured or confined. Do not forget to inform the dispatcher about the presence of overturned cars or any other risks that may be present at the site.

Head-injured accident victims are urged to remain calm until aid comes. However, it’s not worth exacerbating your injuries to gather proof. An action that worsens your injuries might have a negative impact on your insurance claim unless you’re saving a life.

Describe your symptoms to paramedics as soon as they arrive, and then allow them to treat you. Shock and disbelief might obscure the signs of a head injury. Don’t fight with paramedics if they want to take you to the hospital. Their knowledge of the dangers of brain damage is unquestionable.

A person who can assist in gathering evidence should make an effort to acquire photographs and speak with prospective witnesses.

Take as many photos and videos of the accident site as you can using a smartphone camera or other device. Do not forget to photograph the cars, skid marks, road signs, and greenery.

It’s important to photograph any open alcohol containers or drug paraphernalia that may indicate a driver’s use of drugs or alcohol.

You are not compelled to talk to anybody who saw the accident, although you may if you like. In a car accident, witness accounts might provide as overwhelming proof of negligence.

For example, was the driver using a mobile phone at the time of the incident? You’re going through a red light, right? “I didn’t see that car coming,” “My brakes aren’t very good” and other words implying carelessness may have been heard by the witness.

There’s no need to panic if you can’t collect evidence straight away following a collision, according to the police. When attempting to show the other driver’s irresponsibility, police records are among the finest evidence. Investigators are trusted by insurance firms to be fair and objective.

Diagrams of the incident, names and contact information for drivers and passengers, citations, and the officer’s judgement of who was at blame will be included in the police collision report.

Until Your Case Is Resolved, Gather Evidence

Records of medical treatment: Having medical documents is essential in a head injury claim. An accident-related brain injury must be documented in the doctor’s notes. Medical documents and costs from the ambulance, hospital, and any specialists or therapists you met throughout your treatment and rehabilitation should be obtained.

For out-of-pocket costs like medicine and assistance equipment, you’ll also require receipts for those charges. Keep track of your mileage and parking costs when you go to the doctor or for treatment sessions.

Lost Earnings Get a statement from your company stating the amount of money you’ve lost and the amount of vacation or sick time you’ve used.

In the aftermath of the accident, write down whatever you can remember about it. Your daily problems, including treatment limits, sleep habits and emotional condition should be documented meticulously in a journal. You may use your daily notebook to support your claim for compensation for pain and suffering.

When Attorneys Have the Ability to Increase Reward

It’s possible to get a fair settlement without an attorney if you and your doctor are certain that you simply sustained a moderate brain concussion with no lasting damage.

Medical costs, out-of-pocket expenditures and lost income should all be included in your injury compensation. For pain and suffering, you should add one or two times the sum claimed with the other driver’s insurance carrier.

An attorney is necessary if you or a loved one has suffered a traumatic brain injury of any severity, or if there is a risk of delayed symptoms.

Severe brain injuries are expensive to litigate because of the high cost of medical care. Insurers are well aware of the emotional and financial toll of traumatic brain injuries. Don’t be deceived by a claims adjuster who seems to care about your situation.

Without a law firm, insurance companies are known for making lower settlement offers to claimants. They know you won’t be able to fight back with enough energy or legal know-how.

Your family’s financial future is too important to put in the hands of an insurance adjuster. It’s completely free and there’s no need to hire a personal injury lawyer.

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