Car accidents can cause a wide range of injuries, some of which may not be immediately apparent. Among the most serious of these injuries are brain injuries.
A traumatic brain injury (TBI) can affect a person’s memory, ability to think clearly, and emotions. It can make it hard to work, care for a family, or enjoy a normal life. Unfortunately, alongside these challenges, people also incur medical bills, therapy costs, and lost wages. This financial burden can be a lot for a person and their family to handle on their own.
One way to seek compensation to help with these costs is to file a claim for your brain injury. Our Greenville car accident brain injury lawyers can help with your case.
Understanding Brain Injuries After a Car Accident
Car accidents can cause serious harm, including head injuries. These injuries, ranging from concussions to more severe TBIs, happen when the brain is shaken or bounces inside the skull. Even a seemingly minor jolt can lead to a TBI.
Signs of head injuries from a car crash can appear right away or days later. They can include:
- Headaches
- Dizziness
- Confusion
- Memory loss
- Sensitivity to Light or Noise
- Trouble with Word Recall
- Changes in mood or sleep patterns
Compensation Available in Brain Injury Claims
Victims of a brain injury from a car accident may be entitled to compensation. Damages can include:
- Medical expenses, including expenses for hospital stays, surgeries, and ongoing care
- Rehabilitation and therapy costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Since brain injuries often require long-term treatment, it is important that any settlement fully reflects the future costs and losses the injured person will face.
Challenges in Proving a Brain Injury Car Accident Claim
Unlike a broken bone or a cut or laceration, a brain injury is often an “invisible injury,” making it difficult to identify and prove the extent of the harm.
The symptoms of a brain injury may not be immediately obvious and can be easily mistaken for other conditions. Insurance companies often try to argue that the symptoms are not real, or that they are related to a pre-existing condition and not the car wreck.
Another key problem is that standard medical scans, like a CT scan or MRI, may not show the specific type of damage that causes many brain injury symptoms. This can lead to a situation where a person feels seriously impaired, but their medical records do not show objective imaging of a clear physical injury.
What’s more, proving the non-financial losses of a head injury after a car accident can be hard. A brain injury claim needs strong evidence that connects the accident to the long-term changes in a person’s life. This requires collecting personal journals, statements from family and friends, and testimony from vocational experts who can explain how the injury has affected a person’s ability to work and earn a living.
The goal of any brain injury claim is to build a complete picture of how the car crash head injury has harmed the victim beyond just medical bills.
Steps to Take Immediately After a Car Crash Head Injury
Head injuries after a car accident should never be taken lightly. Even if you feel fine at first, symptoms can worsen over time. Taking the right steps immediately after the crash can protect both your health and your ability to pursue a brain injury claim.
1. Get Medical Attention Right Away
Always seek emergency care after a car crash head injury, even if symptoms seem minor. A doctor can diagnose injuries that may not be immediately visible and create a medical record that supports your claim later.
2. Report the Accident to Law Enforcement
Call the police to ensure an official record of the crash is maintained. The accident report may become important evidence in your case.
3. Document the Scene
If possible, take photographs of the vehicles, roadway, and any other relevant items that may help illustrate how the accident occurred. Ask someone you trust to do this if you cannot.
4. Keep Track of Symptoms
Write down any changes in memory, concentration, sleep, mood, or physical health. These notes can help doctors and serve as supporting evidence in a legal claim.
5. Avoid Speaking With Insurance Companies Without Legal Advice
Insurance adjusters may try to get you to make statements that can weaken your brain injury claim in a car accident. Speak with an attorney before answering questions or accepting a settlement.
6. Contact a Lawyer as Soon as Possible
An experienced attorney can help protect your rights, gather evidence, and guide you through the claims process so you can focus on recovery.
How a Greenville Brain and Head Injury Lawyer Can Help
The path to a fair settlement is full of roadblocks put up by insurance companies. A Greenville brain and head injury lawyer can be a valuable resource during this challenging time.
1. Your Lawyer will Build Your Claim
A lawyer will work to gather all the medical evidence needed, from doctors’ notes to test results. A lawyer can get expert opinions from neurologists and other specialists who can explain how the injury happened and what its long-term effects will be. This expert medical information is crucial for accurately assessing the full extent of your damages to the insurance company or a court.
2. Your Lawyer will Deal with Insurance Adjusters
Dealing with insurance adjusters is another key area where a lawyer provides help. Insurance companies often attempt to minimize the severity of your injuries and offer a low settlement. A lawyer can protect you from these tactics and make sure that you do not accept an offer that is less than what you deserve. Your lawyer will negotiate on your behalf to help you to get a proper brain injury car accident settlement.
3. Your Lawyer Will Identify the Value of Your Claim
A lawyer will account for all of your losses, including your:
- Current medical bills,
- Any future treatment you may need,
- Lost wages,
- Loss of earning capacity, and
- The pain and suffering the injury has caused.
4. Your Lawyer Will Represent You in Court
If a fair settlement cannot be reached through negotiation, your lawyer can take your case to court. They will represent you, presenting the evidence and arguing for your rights. This legal support allows you to focus on your recovery without the added stress of a lawsuit.
Contact Our Brain and Head Injury Lawyers
If a loved one has suffered a brain injury in a car accident, the legal team at David R. Price, Jr., P.A. is here to help. We can help you understand your legal options and guide you through the claims process. We will work to prove your injury is linked to the accident and help you to seek the full compensation you deserve.
To speak with our brain and head injury lawyers, contact us at 864-271-2636 to request a free consultation and discuss your case.