Salerno & Leavitt
Claim for a Concussion Due to a Car Accident
Can I Make a Claim for a Concussion Due to a Car Accident?
Car accidents are among the leading causes of brain injuries and related fatalities in the United States. While it is a mild form of brain injury, a concussion can significantly affect a person's quality of life.
If you believe that a car accident you were involved in caused an injury to your brain,an injured party may be able to make a claim against the driver that caused the crash.
However, whether you will be able to successfully make a claim and obtain a settlement will depend on several factors. Read on to find out more about car accidents, concussions, and your rights.
To make a claim, your condition must satisfy the definition of a concussion. A concussion is a mild brain injury resulting from a blow to the head.
Symptoms may include headaches, memory loss, blurry speech, seizures, and problems with vision and balance. These symptoms may appear immediately, a few hours, or days after the accident.
The three types of concussion, based on severity, include:
- Grade 1; Transient confusion; no loss of consciousness; resolution of mental-status abnormalities in less than 15 minutes.
- Grade 2: Transient confusion; no loss of consciousness; concussion symptoms or mental-status abnormalities with amnesia for longer than 15 minutes.
- Grade 3: Any loss of consciousness.
You will need medical evidence from a physician showing that you suffered from these symptoms. More importantly, the doctor's notes should show that the injury and related symptoms were primarily a result of the car accident.
In addition to medical evidence, you must show that the other driver's negligent behavior caused the accident.
Additionally, you must prove that the other driver's negligent actions not only caused the accident but also caused you damages in the form of a brain injury.
The injury should be significant enough to have required you to seek medical treatment and you, therefore, incurred expenses that the insurance company of the negligent driver needs to reimburse.
In Nebraska an injured party may bring an action against the negligent driver for all the injuries caused by the collision.
If you were partially at fault for the collision then the jury will be instructed that they must compare the fault of the two parties to determine the amount of recovery that can be obtained.
If the two drivers are equally at fault for causing the collision, then there is no recovery.
If the injured person is less than 50% at fault for the collision, then that person is able to recover for the injuries. The verdict amount will be reduced by the percentage of fault.
Damage is the amount of compensation the jury will award due to the injury or loss. In Nebraska the jury is allowed to return a verdict for both economic losses and non-economic losses.
Examples of economic damages include the cost of vehicle repair, medical expenses, and lost income. Non-economic losses include pain and suffering, which can be physical or emotional.
Under Nebraska law, an injured party generally has four years from the date of the collision to bring a case for injuries caused by a collision. If you believe that the negligent actions of another driver caused you to suffer a concussion, you should contact your doctor immediately. Then contact an attorney to discuss your rights.
If you received an injury due to a car accident, get in touch with Salerno & Associates today. We can help you seek damages for concussions and other personal injuries caused by negligence and motor vehicle accidents.