Car accidents can lead to various injuries, some of which are not immediately apparent. One such injury is a concussion, a type of traumatic brain injury that can have long-lasting and permanent damage. Understanding the potential settlement value for a concussion resulting from an auto accident is crucial for victims seeking compensation.
This article provides a detailed look at how concussion car accident settlements are determined in California, the factors influencing these settlements, and the steps to take when filing an injury case.
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Understanding Concussion Symptoms
A concussion is a mild traumatic brain injury (TBI) caused by a blow to the head or a violent shaking of the head and upper body. Symptoms can range from headaches and dizziness to memory loss and cognitive difficulties. While some people recover quickly, others may experience prolonged symptoms, known as post-concussion syndrome.
Factors Influencing Concussion Car Accident Settlements
Severity of the Injury
The extent of concussion injuries significantly impact the settlement amount. Mild concussions with quick recovery times may result in lower settlement values, while severe concussions or those causing long-term issues can lead to higher dollar amounts. If you had a pre-existing injury, the settlement amount may be affected as well.
Medical Expenses
Medical bills play a significant role in determining the settlement amounts in California. These expenses include emergency room visits, diagnostic tests like CT scans or MRIs, follow-up appointments, physical therapy, and any required long-term treatment. In the Golden State, plaintiffs can recover these costs as part of their payout from the responsible party (defendants).
Lost Wages
If a concussion leads to time off work, the victim can claim lost wages. This includes not only the immediate time off but also any future earnings lost due to long-term disability or reduced capacity to work. Calculating lost wages involves documenting missed workdays and providing proof of income.
Pain and Suffering
Pain and suffering refer to the physical pain and emotional distress caused by the injury. A concussion may lead to significant emotional and psychological damage, including anxiety, depression, and mood swings.
California injury law allows victims to seek compensation for these non-economic damages, though quantifying them can be challenging and often requires expert testimony.
Impact on Quality of Life
Symptoms of a concussion can affect a person’s quality of life, interfering with daily activities, hobbies, and relationships. This is considered during settlement negotiations, with higher amounts awarded for more severe disruptions to the victim’s life.
Comparative Negligence
The State of California follows a comparative negligence rule, which means that if the victim is partially at fault for the accident, their settlement could be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault, their settlement will be reduced by 20%.
Average Concussion Settlement in Car Accidents
While it’s difficult to provide an exact figure due to the variability in cases, the average concussion settlement in car accidents can range from a few thousand dollars to several hundred thousand dollars. Mild cases with minimal medical treatment and quick recovery might settle for lower amounts, while severe cases with long-term effects and substantial medical costs can lead to much higher settlement.
Steps to Take When Filing a Claim for Compensation
Seek Medical Attention
Get medical help, even if symptoms are not immediately apparent. A healthcare professional can diagnose a concussion and provide necessary treatment right away. Documentation of medical visits and treatments is crucial for a successful brain injury claim.
Gather Evidence
Collecting evidence from the accident scene, such as photographs, witness statements, and police reports, strengthens your personal injury case. Medical records and bills, proof of lost wages, and documentation of pain and suffering are also essential.
Contact a Personal Injury Lawyer
Consulting with a brain injury attorney experienced in car accident cases is vital. They can help handle the legal process, gather evidence, negotiate with insurance companies, and represent you in court if negotiations fail.
File a Claim
Your attorney will help you file a concussion claim with the at-fault party’s insurance company. This should include all relevant evidence and documentation to support your case.
Negotiate a Settlement
Insurance adjusters often try to minimize payouts, so negotiation is a key part of the process. Your lawyer will work to ensure you receive fair compensation based on the severity of the damage and other factors discussed above.
Consider Legal Action
If a fair settlement cannot be reached through negotiation, your lawyer may advise taking legal action. Filing a lawsuit can lead to a court award that more accurately reflects the full extent of your damages.
California Laws Relevant to Concussion Settlements
Statute of Limitations
In California, the statute of limitations for personal injury claims, including those for concussions resulting from car accidents, is generally two years from the date of the injury. Failing to file within this timeframe can result in losing the right to obtain compensation.
Damage Caps
California does not impose caps on most personal injury damages, including those for pain and suffering. This allows victims to seek full compensation based on their specific circumstances.
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Determining how much a concussion car accident settlement is worth in California involves considering various factors such as the severity of the injury, medical expenses, lost wages, pain and suffering, and the impact on quality of life. You need an ally who fully understands local laws to succeed in getting restitution.
If you or a loved one has suffered a concussion in a car accident, you have the right to file a claim. Trust the vehicle accident lawyers at RTM Law Firm to guide you through the legal process and advocate for your rights.
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