Car Accident Concussion Settlement FAQs
By Christie Nicholson, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed April 10, 2024
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Concussions, a type of brain injury, are one of the most common car accident injuries. It's often the result of a blow to the head that causes the brain to strike the inside of the skull. A concussion can cause serious health issues, such as memory loss, confusion, and depression, among others.
Car accident victims often have to deal with their physical injuries while fighting with the insurance company. This makes things more complicated than they need to be. So, many people consult a car accident lawyer to handle their insurance claims.
Here, we'll discuss factors that impact your car accident concussion settlement. We'll also explain what your personal injury lawyer can do to negotiate a fair auto accident settlement.
What Damages Can My Car Accident Attorney Demand?
When you file your initial claim, your personal injury attorney will demand compensation for your concussion and other injuries. Depending on the facts of your case, you may recover significant damages. The types of damages you can demand depend on the nature and severity of the injuries.
If the only injury you have is a concussion, you may not receive more than a few thousand dollars. But the average settlement is much more than this—most cases involve victims who suffer a host of injuries.
Your personal injury claim must include a demand for damages. Some of the damages you may demand include:
- Medical bills and future medical treatment
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
Judges impose punitive damages when they want to punish the defendant. They rarely order punitive damages in a car accident case. Unless you can prove the at-fault driver was grossly negligent at the time of the collision, it'll be difficult to recover these damages.
Regarding pain and suffering, your attorney will likely estimate it to be three times your medical expenses. For example, if you have $500,000 in medical bills, your lawyer may demand $1.5 million in pain and suffering. This doesn't necessarily mean you'll receive that much. Your attorney will use it as a starting point during settlement negotiations.
What Factors Might Affect a Settlement Offer?
Most personal injury lawsuits settle out of court. Less than 5% of car accident claims go to trial. Your settlement amount depends on several things. Other factors apart from your damages can impact the amount of the insurance company's settlement offer.
Factors that may impact the amount of a settlement offer include:
- Liability for the accident - If it's clear the other party caused the crash, the driver's insurance company may be more willing to settle. But your degree of responsibility could matter, too.
- Mitigation - Plaintiffs must take reasonable steps to minimize their damages. Failure to do so may reduce the settlement.
- Extent of injury - The nature and extent of your injuries will significantly impact your settlement. For example, if your concussion injury or head injuries are minor, you may not receive all that much money. But if you suffer a traumatic brain injury (TBI), you may need extensive medical care. Long-term medical attention will result in extraordinary medical bills and a lot of time off work.
- Limits of insurance policy - Regardless of whose insurance policy you file your claim against, it will have limits. You must pursue the other driver personally if your damages exceed policy limits.
- Plaintiff's circumstances - The plaintiff's employment, age, medical history, work conditions, and other factors may affect the settlement.
- Defendant's circumstances - The degree of a defendant's fault, including any aggravating factors, may impact the amount of your settlement offer.
If you suffer a concussion in a car crash, you have legal rights. Your attorney will fight to get you a fair settlement.
Get Professional Help With Your Car Accident Concussion Settlement
Car accident concussion settlement negotiations involve big insurance companies with experienced legal staff protecting their interests. You deserve to have someone in your corner as well. Contact a local motor vehicle accident attorney today.
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Contact a qualified auto accident attorney to make sure your rights are protected.