Concussions are one of the most common injuries sustained in car accidents, yet they are also among the most disputed when it comes to compensation. Because they are classified as mild traumatic brain injuries, insurers don't always accord these claims their true worth. However, the financial consequences of a concussion can be massive, especially when symptoms persist, interfere with employment, or alter your daily functioning.
If your goal is to recover a settlement that accurately reflects visible and invisible damages, you may wonder how compensation for such injuries is calculated. There is no fixed amount for a concussion settlement. Every claim is evaluated based on the unique facts of the incident. Your Jacksonville car accident lawyer can assess the factors in your case and help you understand how they influence your potential compensation amount.
Read on to understand what goes into concussion car accident settlement amounts so you know what you may reasonably expect.
How Concussions Are Valued in Personal Injury Claims
Concussions are known to be a form of traumatic brain injury (TBI), even when considered mild from a medical standpoint. This classification carries legal weight, as brain injuries tend to involve more complex evaluations of damage than fractures or soft tissue injuries.
Settlement amounts in these cases are not arbitrary. They reflect both economic and non-economic damages. Insurers and courts tend to consider diverse losses when evaluating the worth of a concussion settlement amount. These include the following:
Medical Expenses
Your concussion claim must factor in the cost of emergency care, diagnostic tests, follow-up visits, medications, and physical or cognitive therapy. If symptoms persist, additional expenses may include neurology consultations, psychological counseling, or extended treatment for post-concussion syndrome. Assessment may also consider future medical costs, which are usually supported by a physician’s prognosis.
Lost Income
If the concussion made you unable to continue working as before, and you have been away from work, or you have been working for reduced hours, these issues become a key part of the settlement. In cases where cognitive symptoms prevent a return to the same profession or earning capacity, projected future income loss may be calculated and supported by vocational assessments.
Pain and Suffering
This non-economic category accounts for the physical discomfort, mental distress, cognitive disruption, and overall decline in quality of life following the concussion. While not easy to quantify, pain and suffering are usually factored in using methods that factor in the severity and duration of the injury. To establish the legitimacy of these claims, you will need supporting evidence, such as journals, family testimony, and mental health evaluations.
Loss of Enjoyment and Daily Function
In cases where concussion symptoms alter your ability to engage in hobbies, relationships, or normal activities, additional damages may be awarded for the loss of enjoyment of life. For example, if you previously enjoyed running but can no longer do so due to post-concussive symptoms. This category can carry more weight in claims involving younger adults, athletes, or those whose quality of life was significantly altered by the concussion’s impact.
The Severity of a Concussion and Its Influence on Settlement Value
One of the most significant factors shaping the value of a concussion-related claim is the severity of the injury. While all concussions are classified as traumatic brain injuries, they can vary substantially in their impact on a person's cognitive, emotional, and physical well-being. Some individuals recover fully within a short period, while others endure ongoing symptoms that affect every area of daily life.
In legal terms, the severity of a concussion influences compensation by shaping how the injury affects the claimant’s ability to function. When symptoms are mild and resolve quickly, the injury may be viewed as a temporary disruption. However, if the concussion leads to prolonged cognitive impairments and other difficulties, the injury becomes a long-term personal and occupational concern.
Persistent or worsening symptoms may indicate a more serious form of post-concussive syndrome. In these cases, the potential compensation should reflect the lasting effect on your career, mental health, and quality of life. Personal injury claims involving prolonged recovery periods, delayed symptom onset, or documented neurological changes are treated with greater weight due to the broader consequences involved.
Importantly, medical records, neurological evaluations, witness testimony, and expert reports all play a role in establishing the nature and extent of the injury. Your car accident attorney can present this evidence and demonstrate how the concussion has altered your life in a way that merits full legal recovery.
How Can a Car Accident Lawyer Help With Your Settlement
Engaging a personal injury lawyer skilled in car accidents is important for securing a fair concussion settlement. Lawyers bring professional knowledge and strategic approaches to address the challenges associated with these claims. Key ways a lawyer will assist in your case include the following:
- Case Building: Lawyers collect and organize evidence to substantiate the concussion’s impact. They may work with medical professionals to ensure the injury’s severity is clearly documented, strengthening the claim’s foundation.
- Effective Negotiation: Insurers often attempt to minimize payouts by questioning the injury’s extent or offering low settlements. A car accident attorney counters these tactics with robust evidence and persuasive arguments, advocating for a settlement that reflects your losses.
- Accurate Valuation of Damages: Calculating non-economic damages requires a thorough approach. Lawyers can use methods like the multiplier method to apply a factor to economic damages or per diem calculations that assign a daily rate for suffering to properly quantify these losses.
- Litigation: If a fair concussion car accident settlement amount cannot be reached, your lawyers prepare the case for trial, crafting compelling arguments and presenting evidence effectively. Their experience with the courtroom enhances the likelihood of a favorable verdict in contested cases.
A car accident lawyer’s involvement can increase the settlement amount by addressing the challenging nature of concussion claims. They have the ability to build a robust case, negotiate assertively, and represent you in court, ensuring that you secure recovery commensurate with your injuries.
A Personal Injury Lawyer Is Key to Fair Compensation
Securing a fair settlement for a concussion from a car accident demands a thorough understanding of legal principles and meticulous case preparation. The physical and emotional toll of a concussion can disrupt every aspect of life, and you deserve recovery that fully addresses your losses. A car accident attorney can provide you with the necessary support to manage this process. In addition, a lawyer allows you to focus on healing and moving forward.
Contact a personal injury firm today to understand the weight of your claim and the potential settlement amount.