What Does a Settlement Amount Look Like After a Car Accident That Caused a Concussion?

What Does a Settlement Amount Look Like After a Car Accident That Caused a Concussion?

Motor vehicles are a vital part of our daily lives. However, when people are negligent behind the wheel, innocent people can suffer devastating injuries, debilitating pain and have their lives completely turned upside down. Although nobody expects to be involved in a car accident, they do happen, and concussions, brain damage, and other significant head injuries can result.

Yet, if you were in one of these terrifying motor vehicle collisions and consequently suffered head trauma, you should not have to endure the endless repercussions on your own. You deserve legal help that you can trust, legal help that can get you through this challenging ordeal and get you the justice and damages you need.

That is why to provide you with a better understanding of these concussion car accident cases, we have prepared this article. In it, we will take a deeper dive into the factors that go into the legal actions surrounding car accident injuries and how an experienced car accident lawyer can make the most of your legal rights.

Types of Head Injuries Resulting From a Motor Vehicle Accident

Head injuries can range from a concussion to even more substantial traumatic brain injury (TBI). Any type of head injury can result in numerous issues, including memory loss, cognitive impairments, and even behavioral and emotional changes.

Although these head injuries can range in severity, some of the more common symptoms that victims experience include:

  • A loss of consciousness that can last several minutes to hours
  • Pressure within the head
  • Extreme headaches that continue to last
  • Amnesia
  • Repeated vomiting
  • Dizziness
  • Seizures or convulsions
  • Slurred speech
  • Confusion
  • Feeling light-headed
  • Ringing in the ears
  • Fatigue
  • Personality changes
  • Dilated pupils
  • Clear fluids draining from the ears or the nose
  • Inability to awaken
  • A difficulty concentrating

A concussion occurs after a victim suffers an impact to the head or after a whiplash-related injury that causes the head and brain to shake quickly back and forth. Generally, these injuries result in an altered mental state that may include the victim becoming unconscious.

Types of Damages Available Following a Concussion Injury Car Accident

If you have been harmed in a motor vehicle accident and suffered a concussion, you may be entitled to certain types of compensation.

Generally, this compensation includes:

Economic damages: These are quantifiable and measurable losses resulting from the accident that include:

  • Medical expenses such as your past, present, and future medical bills, including doctor visits, emergency room visits, prescription medication, and surgeries
  • Lost wages
  • Lost earning capacity
  • Personal property damages
  • Replacement services
  • At-home nursing care
  • Rehabilitative therapy such as physical and occupational therapy
  • Other out-of-pocket expenses

Non-economic damages: These damages include somewhat subjective losses that are not easy to quantify.

They include:

  • Pain and suffering
  • Emotional anguish
  • Loss of compassion
  • Loss of consortium
  • Loss of enjoyment of life
  • Scarring
  • Disfigurement
  • Loss of reputation

Punitive Damages: Unlike compensatory damages, which the court awards to compensate the victim for losses, punitive damages punish the defendants for their wrongful actions and deter them and others from engaging in similar activities. The courts do not often grant punitive damages, and plaintiffs must meet strict legal standards for consideration. In Virginia, these standards require the victim to show that the defendant acted beyond simple negligence or gross negligence, and the actions reached a level of willful and wanton neglect.

Specific Factors That Can Influence a Concussion Injury Settlement Value

Unfortunately, no attorney can tell you exactly how much money you can receive following a car accident. This is because there are usually various factors that can influence the value of a concussion injury settlement.

These factors tend to include:

  • The severity of the injury: If the victim suffered a hard injury such as head trauma or a concussion, the amount of money they can obtain may be more significant than if the injuries were minor.
  • Defendant’s liability: If the defendant’s fault for the car accident is apparent, the settlement value can often be higher. On the other hand, if the fault is disputed, the defendant is less likely to come to the victim with a fair settlement offer.
  • The victim’s characteristics: The victim’s occupation, age, and prior medical history can also affect the overall settlement value.
  • Multiple wrongdoers: If numerous parties are potentially liable for the underlying motor vehicle accident, and each defendant is represented by a different insurance company, there can be numerous issues that develop regarding how much each defendant should pay.
  • Defendant’s conduct: If the defendant’s conduct was especially egregious, for instance, they were driving while under the influence of drugs or alcohol, then punitive damages may also be used as leverage during the settlement negotiation process.
  • Medical treatments: The settlement value can also be swayed by the type of medical treatments the victim will require now and in the future and whether they also need special medical equipment and ongoing medical care.
  • Life disruptions: If the victim missed school, work, vacations, special events, or other activities, these disruptions could impact the amount of money the victim can obtain for their vehicle accident injuries.
Walter H Emroch
Attorney, Retired Walter H Emroch

Many factors can impact the overall settlement recovery. It is critical to work with an experienced car accident attorney that can walk you through this complex legal process. Although lawyers cannot guarantee that you will recover money for the injuries and losses you sustained, they can fight hard to secure you every last dollar your injury has cost you.

That is why, if you have suffered a concussion or another head injury due to a motor vehicle accident, do not wait any longer to seek the legal help you need. Contact an experienced car accident attorney today, and let these lawyers go after the settlement amount you deserve.

William B. Kilduff


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