Concussion Car Accident Settlement Amount

Suffering a concussion in a car accident can leave you with physical, emotional, and financial challenges. Knowing the potential settlement amount for your injury involves looking at several factors, which we’ll cover in detail. St. Petersburg car accident lawyers can maximize your compensation by building a strong case that addresses all aspects of your damages.

The following is a breakdown of what goes into determining the value of a concussion car accident claim and how an attorney can advocate for you.

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Concussions and Their Impact on Settlement Amounts

A concussion can lead to symptoms that disrupt your life, such as headaches, dizziness, memory problems, and difficulty concentrating. Some concussions can result in long-term complications, including cognitive impairments and emotional instability.

The severity of your concussion significantly impacts the settlement amount. Concussions with shorter recovery periods typically lead to lower compensation than injuries that require extensive medical treatment and ongoing care.

Why Concussions Are Unique in Car Accident Claims

Concussions stand out among car accident injuries because they aren’t always immediately obvious. While broken bones or bruises are easy to see and document, concussions often lack visible signs. This makes proving their severity more challenging, especially when dealing with insurance companies.

The Challenges of Proving a Concussion

Concussions can cause symptoms like headaches, dizziness, and memory problems, but these don’t always show up right away. Insurance adjusters might argue that your symptoms are unrelated to the accident or not as severe as you claim. Without visible evidence, it’s easier for them to downplay your injury and offer a lower settlement.

The Importance of Medical Documentation

Medical Documentation

A car accident lawyer can ensure your concussion is taken seriously by gathering detailed medical documentation. Diagnostic tests like MRIs or CT scans, along with reports from neurologists, can show the impact of your injury on your brain. This evidence helps demonstrate the seriousness of your symptoms and their connection to the accident.

How Expert Opinions Strengthen Your Case

In addition to medical records, your lawyer may work with medical experts to explain how your concussion affects your daily life. These experts can testify about the long-term effects of your injury, such as cognitive difficulties or emotional changes. Their insights can counter insurance companies’ attempts to minimize your claim.

What Will Determine the Amount You Receive?

As you might imagine, many factors will impact your concussion car accident settlement amount. The following is a brief look at just a few:

How Badly You’re Hurt

The extent of your concussion plays a significant role in determining your settlement. Medical evaluations, imaging tests, and the opinions of neurologists can help establish the severity of your injury. More severe concussions generally lead to higher settlements because of their long-term effects on your health and quality of life.

Your Medical Bills

Your settlement should cover all medical expenses related to the concussion, including:

  • Prescription medications
  • CT scans or MRIs
  • Follow-up appointments with neurologists
  • Cognitive rehabilitation
  • The visit to the emergency room 

If you need ongoing treatment or have complications requiring medical care, your car accident lawyer will also consider those expenses when demanding compensation.

Insurance Policy Limits

The at-fault driver’s insurance policy limits play a significant role in determining your compensation. If the policy’s coverage isn’t enough to cover your damages, your attorney can explore other options, such as filing a claim under your own uninsured/underinsured motorist policy.

Lost Earnings

If your concussion caused you to miss work, you can claim compensation for lost earnings. Severe concussions that prevent you from returning to your previous occupation may also result in damages for lost earning potential. Your attorney will work with financial experts to calculate the full extent of these losses.

How the Injury Impacts Your Everyday Life

Concussions often disrupt your ability to perform everyday tasks. If your symptoms make driving, caring for your family, or working difficult, your settlement may include compensation for the diminished quality of life.

Pre-Existing Conditions

If you had a prior head injury or medical condition that made you more susceptible to a concussion, the insurance company might try to use it against you. A lawyer can argue that the accident exacerbated your condition, ensuring you’re still compensated fairly.

concussion symptoms

The Duration of Symptoms

The longer your concussion symptoms persist, the higher your potential settlement. Short-term symptoms typically result in lower payouts, while chronic issues like post-concussion syndrome significantly increase the value of your claim.

Diagnostic Evidence

The diagnostic tools like CT scans or MRIs mentioned earlier can strengthen your claim by providing visible evidence of your injury. A car accident attorney will ensure these tests are included in your medical records and used to support your case.

How a Car Accident Lawyer Can Help Maximize Compensation

When you hire an attorney, they’ll do everything they can to obtain as much money as possible under the law. Some of the steps they’ll take include:

Proving Your Injury’s Severity

Insurance companies often downplay concussions because they’re not as visible as other injuries. A lawyer can collect medical records, expert testimony, and documentation of your symptoms to prove the full extent of your injury. They’ll ensure your claim reflects the true impact of the concussion on your life.

Calculating Damages Accurately

Determining your claim’s value requires accounting for economic and non-economic damages. While you can calculate medical bills independently, a lawyer will ensure that future expenses, lost earning potential, and non-economic damages like pain and suffering are also included.

Dealing With Insurance Companies

Insurance adjusters are trained to minimize payouts. They may argue that your symptoms are unrelated to the accident or aren’t as severe as claimed. A car accident lawyer knows how to counter these arguments and negotiate aggressively on your behalf. They’ll handle all communication with the insurance company, ensuring you don’t inadvertently say anything that can harm your case.

Exploring All Sources of Compensation

If the at-fault driver’s insurance coverage isn’t enough to cover your damages, your attorney can identify additional sources of compensation. For example, they may explore whether a defective vehicle component contributed to the accident or whether you have coverage under another policy.

Building a Strong Case for Trial

While most cases settle out of court, some require litigation. A lawyer will prepare your case thoroughly, presenting evidence in a way that resonates with a judge or jury. Their ability to handle trial proceedings can pressure insurance companies into offering a fair settlement to avoid the risk of losing in court.

Why a Car Accident Lawyer Is Essential for Concussion Claims

There are far too many instances where accident victims decided to pursue legal action alone instead of turning to an attorney. When this happens, victims rarely get anything close to what they deserve. Reasons you need a lawyer for concussion include:

Understanding the Long-Term Impact of Concussions

Concussions can have lasting effects, even if symptoms don’t appear severe initially. A lawyer will ensure that your claim accounts for potential complications, such as memory loss, mood disorders, or cognitive impairments, that might not show up until weeks or months after the accident.

Negotiating with Confidence

Insurance companies often offer low settlements early in the process, hoping you’ll accept without questioning the amount. A lawyer knows the tactics insurers use and won’t back down from securing a settlement that reflects the full extent of your damages.

Ensuring Documentation Is Comprehensive

Strong documentation can make or break your case. A car accident lawyer will ensure that all medical records, diagnostic tests, and evidence of your symptoms are included in your claim. They’ll also gather witness statements and other supporting evidence to make your case its strongest.

Fighting for Non-Economic Damages

Non-economic damages like pain and suffering or loss of enjoyment of life are harder to quantify than medical expenses. A lawyer can articulate these losses effectively, ensuring they’re fully considered in your settlement.

What Happens if the Insurance Company Doesn’t Offer a Fair Settlement?

If you’re dealing with the aftermath of a car accident, you’re likely counting on the insurance company to compensate you fairly for your injuries, property damage, and other losses.

Unfortunately, insurers don’t always prioritize fairness. If the insurance company doesn’t offer a fair settlement, you can pursue the compensation you deserve. Here’s a breakdown of what happens when negotiations stall and how a car accident lawyer can help.

Why Insurance Companies Lowball Offers

Insurance companies are businesses that aim to protect their bottom line. They often use tactics to minimize payouts, such as:

  • Disputing the severity of your injuries.
  • Questioning the need for certain medical treatments.
  • Suggesting you were partially responsible for the accident.
  • Claiming their insured wasn’t fully at fault.

Low initial offers are common, and the adjuster may hope you’ll accept less than your case is worth to resolve the claim quickly. If you encounter an offer that doesn’t reflect your damages, it’s important not to accept it without consulting a car accident lawyer.

Reviewing the Settlement Offer

Settlement Offer

Your attorney will review the insurance company’s offer in detail. They’ll compare the offer to the total damages you’ve suffered. Your lawyer will assess whether the offer aligns with the value of your claim and will advise you on the next steps to take.

Countering an Unfair Offer

A car accident lawyer will use the evidence mentioned earlier (diagnostic tests, medical expert testimony, etc.) to demonstrate why the insurance company’s offer doesn’t reflect the true impact of the accident on your life. Negotiation often leads to better offers as insurers recognize the strength of your case.

Filing a Lawsuit

If negotiations fail and the insurance company refuses to offer a fair settlement, your lawyer may recommend filing a lawsuit. A lawsuit escalates the claim and signals you’re prepared to take the case to court. This move often motivates insurance companies to revisit their settlement offers, as trials can be expensive and unpredictable.

What Happens After Filing a Lawsuit?

Once a car accident lawsuit is filed, both sides enter the discovery phase, which involves exchanging information, documents, and evidence. Your attorney will gather further evidence to strengthen your case, such as depositions from witnesses and experts.

Mediation or Arbitration

After discovery, many cases go through mediation or arbitration before reaching trial. Mediation involves a neutral third party helping both sides negotiate a settlement, while arbitration is a more formal process in which an arbitrator decides the outcome. Both approaches can resolve disputes without going to court.

Trial

The case goes to trial if mediation or arbitration doesn’t lead to a resolution. During the trial, your lawyer will present evidence, question witnesses, and argue your case before a judge or jury. Trials can result in higher awards than settlements, but they also carry risks, as outcomes are uncertain.

The Risks of Accepting an Unfair Settlement

Accepting an unfair settlement may seem tempting, especially if you want to move on. However, doing so can leave you without the resources to cover future expenses, such as ongoing medical treatments or lost earning capacity. Once you accept a settlement, you typically waive your right to seek further compensation, even if new damages arise later.

When You Shouldn’t Settle

You shouldn’t settle if the offer:

  • Doesn’t cover your medical expenses or lost income.
  • Fails to account for long-term impacts, such as reduced earning capacity.
  • Ignore non-economic damages like pain and suffering.

A car accident lawyer can evaluate whether the settlement offer is fair and advise you on the best course of action.

Moving Forward If Negotiations Stall

Attorney Geoffery Pfeiffer
Geoffery Pfeiffer, St. Petersburg Car Accident Attorney

Don’t lose hope if the insurance company doesn’t offer a fair settlement. With the help of a car accident lawyer, you can explore all available options, from negotiation to litigation. Taking a stand against an unfair offer ensures you receive the compensation you need to recover and move forward.

Hiring a St. Petersburg personal injury lawyer ensures every aspect of your claim is addressed, from proving liability to calculating damages and negotiating with the insurance company. With the right legal representation, you can focus on recovery while your lawyer fights for the compensation you deserve. Speak with an attorney as soon as possible to explore your options.

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