A head injury is, unfortunately, a very common outcome for those who have been involved in a car accident. However, there isn’t a single figure that can be claimed as an accurate average for a settlement due to head injuries greatly varying in their severity. There are also many other factors that impact the settlement you may receive, along with the fact that no two head injuries and car accidents are identical, which makes it even more difficult to calculate a real average for such cases.
If you would like to find out how much your personal injury case is worth following your car accident, then please get in contact with a personal injury attorney. In Florida, The Law Place has helped countless clients in achieving their deserved compensation, and we will be honored to be trusted with your head injury case. We value the relationship with our clients very highly and are focused on handling your case with the commitment it deserves. If you would like to receive some free legal advice from a car accident lawyer, then please call The Law Place today! You can organize a free consultation at a time that suits you, don’t hesitate to call us at (941) 444-4444.
A Car Accident Can Cause a Variety of Brain Injuries and Concussions
Following a car accident, a medical evaluation is both the recommended and sensible thing to do. Though when a head injury is concerned, seeking a medical doctor is also very important as time can be a significant factor in your recovery.
If you have suffered a concussion, then this is usually a temporary head injury caused by a jolt or bump to the head. However, to ensure the healing process is performed properly, a doctor may take conservative measures by monitoring you for a few days or weeks if necessary. It is possible for a concussion to cause you to experience a loss of consciousness for a period of time, this being as short as a few seconds or as long as hours. It may be acceptable for you to return to your normal working life after just a few days of a minor concussion. However, those with a more serious head or brain injury could have additional damages as a result of their concussion. These could include:
- Being admitted to hospital.
- Taxi cabs, car sharing, or other fees as a result of no longer being able to drive (short or long term).
- Having to pay for services such as childcare, housekeeping/cleaning, or gardening as they can no longer be performed.
- Period of time off work.
- Care expenses.
What Are the Symptoms of a Brain Injury?
A mild traumatic brain injury may include symptoms that can be shared with more common illnesses or conditions, though recognizing them following a motor vehicle accident can be important. Symptoms include:
- A headache.
- Vomiting or nausea.
- Sudden or prolonged drowsiness or fatigue.
- Issues with speech.
- A lack of balance or dizziness.
Sensory symptoms are also common following a car accident, where the head has suffered a sudden blow. These include:
- Sensory issues, such as blurred sight, ringing in the ears/tinnitus, a regular bad taste, or changes to your ability to smell.
- Sensitive eyes to bright light.
- Sensitive ears to loud sounds.
Cognitive, behavioral, or mental symptoms may also be experienced, which include:
- A loss of consciousness for as little as a few seconds or as long as hours.
- No loss of consciousness, but dazed, disoriented, or confused.
- Issues with memory or concentration.
- Mood/behavioral changes or mood swings.
- Becoming depressed or anxious.
- Difficulty in sleeping or insomnia.
- Sleeping more than usual.
A moderate or severe head injury can include any of the symptoms of mild injury, as well as the symptoms listed below, which could go noticed after the first few hours or even days after a head injury.
- A loss of consciousness lasting a few minutes to hours.
- A persisting headache or a headache that continuously worsens.
- Repeatedly vomiting or feeling nauseous.
- Seizures or convulsions.
- Dilated pupil or pupils
- Translucent liquid draining from the ears or nose.
- Unable to wake from sleep.
- Weakness, numbness, or sensations in toes or fingers.
- A lack of coordination.
Cognitive or Mental Symptoms
- Intense confusion.
- Agitation, aggressive, or unusual out-of-character behavior.
- Slurring of speech.
- Coma and other disorders of consciousness.
A Traumatic Brain Injury Can Be Very Difficult to Overcome
The American Association of Neurological Surgeons (AANS) states that people may suffer from longer-lasting symptoms as a result of a concussion. This causes them to be unable to return to their previous careers or normal activities or hobbies for an extended period of time. This post-concussive syndrome causes:
- Memory and focus issues.
- Drowsiness and fatigue.
- Changes to emotions.
- Changes to the personality.
- Headaches, brain fog, and dizziness when standing.
If you have unfortunately suffered a more serious traumatic brain injury (TBI), then this could make for further damages after the initial treatment phase of your recovery. Such accident victims may require extended care and therapy for their brain injury, as it could have caused disabilities that may affect everyday life.
What Is an Estimated Settlement for Your Car Accident Insurance Claim?
In order to fully appreciate what an estimated and fair settlement might be for your case, you will have to take into account the following:
- Being able to identify your damages that are recoverable.
- Placing a price on the non-economic damages suffered.
- Having proof of your losses and the value.
To file an insurance claim, it is not a rule that you must have a car accident lawyer as part of the process. However, a notable point in making the process easier and smoother is that the attorney would handle the case for you and take the weight off of your shoulders. The attorney would do as follows:
- If needed, they will handle your lawsuit case.
- Oversee the insurance company negotiations.
- Make sure the settlement figure is appropriate.
- Calculate and place a value on your car accident case.
- Protect your rights.
- Collect all evidence that shows your losses.
- Strategize means of pursuing damages.
- Analyze your car accident to highlight liability or negligence.
Do Insurance Companies Payout for Pain and Suffering?
It is very difficult to evaluate and quantify pain and suffering as it is centered around trauma, emotional distress, and physical pain that an accident has caused for the victim of a motor vehicle accident. Therefore, as these damages do not come with receipts, for you to be fairly compensated, you must have a trusted and experienced attorney working on the case. The attorney will assess your case in order to suggest how much you are entitled to in a settlement for your pain and suffering.
Typically, insurance companies would only consider the listed factors below before settling on the amount that they are willing to pay out in the form of compensation:
- The circumstances of the motor vehicle accident.
- How motivated they are to have your injury case settled.
- Where the fault lies for your injury and car accident.
- Total of your financial damages.
- The severity level of your injury, which could be a mild concussion or a traumatic brain injury.
If you have suffered a head injury that wasn’t your fault, then we highly recommend that you get in contact with an attorney at our law firm to assess your case and advise you on what your next step should be.
What Are the Damages I Could Be Awarded?
Cases centering around a head injury will usually result in a number of damages. Some of the damages you may be entitled to following your car accident include:
- Medical bills – If you suffered a head injury in a motor vehicle accident, it is then likely you sought out medical treatment and evaluation. If you were met with medical fees, then such expenses can be taken into consideration when you receive your settlement offer. If the injuries you sustained in the collision require long-term treatment, these costs may also be included. It is good practice to obtain all evidence of your medical records and bills, as this will ensure you receive a suitable injury settlement figure.
- Pain and suffering – Pain and suffering damages are very complicated as they include all mental impacts or physical pain you endured as a result of your car collision, as well as any detriment to your quality of life. An example of reduced quality of life would be you being unable to perform a hobby you once regularly enjoyed because of your head injury. A victim of a head injury who claims for pain and suffering damages will more than likely need a personal injury lawyer, as proving this in a case can be a difficult thing to do.
- Loss of wages – If you had to have time off from your job and you, as a result, lost out on your normal salary, then you may be entitled to compensation. If your head injury injuries mean that you may never go back to your previous job or you have had to change to a job that is less physically strenuous, then you may claim for a loss of earning potential.
Could No-Fault Insurance Affect My Settlement?
The no-fault insurance laws in Florida are stated within Florida Statute 627.7407. If you have been in an accident that involves other drivers, then this rules that all others involved in the collision must refer to their insurers to make their own head injury claims. This rule applies regardless of who is found responsible for causing the car accident.
To ensure that every insurance company is able to afford to cover for all their clients, all drivers in the State of Florida are legally required to have some form of Personal Injury Protection (PIP) insurance contained within their insurance policy, with the minimum being $10,000 worth of cover. However, Insurance companies will place a limit on the amount they are happy to payout. Meaning if PIP insurance is not able to cover all of your financial losses, then another lawsuit may be required against the person who was found to be at fault for causing the car accident.
Is My Personal Injury Case Against the Clock?
Car accident cases that result in a head injury do have a time limit, meaning it is in your best interest to act swiftly after your accident and think about hiring an attorney. The Florida Statute 95.11 states that after a certain length of time, car accident cases will no longer be permitted to be heard in a court of law. The statute of limitations means there is a limit of four years from the date of your accident to put forward your claim, and failing to do this will result in your case being made null and void. In simpler terms, leaving your case over four years will make it impossible for you to try and claim any compensation, and the closer to the deadline the case is left, typically the lower the settlement. If you have sadly lost a loved one in a car accident, the deadline is immediately reduced from four years to two.
In addition to this, Florida Statute 627.736 states that you are to seek medical attention a maximum of two weeks after your motor vehicle accident. This even includes those who feel that they did not sustain any notable injuries during the car collision, as it is sensible for your health to gain a medical professional’s opinion. It is possible for mild head injuries to not display symptoms for over 10 days after the accident. Therefore, this statute is both vital for insurance purposes as well as the health and well-being of victims. Insurance companies will disregard those who do not seek medical attention after 2 weeks and use this as a way of devaluing your case and settlement. This is due to insurance companies seeing this delay as proof that your injuries were not severe enough to require compensation.
Get in Contact With a Car Accident Lawyer at The Law Place Today!
If you have sadly been involved in a motor vehicle accident recently and you were not responsible for it, then please don’t hesitate to call The Law Place today! Our team is made up of trusted and dedicated personal injury lawyers that possess a combined 75 years’ worth of experience in cases just like yours. Our law firm will ensure that you are provided with a friendly and assuring attorney to help you through this challenging time. It is sad to say that head injuries as a result of a car accident have the potential to alter your quality of life significantly, and this is why you should put all your energy into your recovery whilst we take on the legal responsibility and get the settlement you deserve.
Feel free to contact us today and schedule your consultation with an attorney on our trusted team. This gives you an opportunity to tell us in detail about your case, and our attorneys can offer you advice on what to do next. Call The Law Place on (941) 444-4444. Phone lines are open 24/7.