Car accidents can be scary and often leave people with many questions. One major concern after a crash is whether a person can suffer a brain injury. The short answer is “yes.” A sudden impact can harm the body in many ways; the brain is no exception. A “minor” collision can cause lasting damage if the head is shaken or strikes something inside the car.
If you or a loved one has suffered an injury in a car accident, reach out to a trusted Atlanta car accident lawyer today. A simple consultation can allow you to learn your options, protect your rights, and make the first steps toward a fair recovery.
But what does a brain injury mean for you in the long run? How do you deal with medical bills and missed work, and what are their effects on your daily life?
More importantly, what legal options do you have if another driver or party caused your injury?
Table of Contents
- Why Do Brain Injuries Happen in Car Accidents?
- What Are Common Signs of a Possible Brain Injury After a Car Accident?
- Can You Recover Medical Costs and Other Damages for a Brain Injury Caused by a Car Accident?
- How Does a Car Accident Lawyer Help with Brain Injury Cases?
- Will Insurance Cover a Brain Injury?
- How Long Do You Have to File a Car Accident Lawsuit?
- How Do You Pay for a Car Accident Lawyer?
- What If the Insurance Company Denies Your Claim?
- Do You Need to Go to Court?
- Reach Out to a Trusted Car Accident Lawyer Today
Why Do Brain Injuries Happen in Car Accidents?
When a car crashes, it can come to an abrupt stop. If you are inside, your head might continue moving forward at high speed until something stops it—such as an airbag, a headrest, or the steering wheel. This quick, forceful movement can jolt the brain within the skull, leading to brain tissue bruising or tearing.
Other Factors
Sometimes, it is not just the direct impact that causes the injury. The force from a crash can shake a person’s entire body. This powerful motion alone can cause a brain injury if the brain bounces against the inside of the skull. Even if your head does not strike an object, you can still experience enough force to result in a serious injury.
Hidden Injuries
Some brain injuries are not obvious right away. A person might walk away from a crash feeling fine, only to develop symptoms later. Headaches, mood swings, confusion, and trouble sleeping can show up hours or even days after the accident. This delay can create confusion about what really caused the injury.
What Are Common Signs of a Possible Brain Injury After a Car Accident?
Brain injuries vary from minor to severe. In minor cases, you might have a headache or feel dizzy. In severe cases, people can lose consciousness for long periods or experience intense confusion.
Because we are keeping the medical side light, we will not go deep into details about the different types of brain injuries. However, remember to note that no matter how small the symptom might seem, it can still be serious.
Long-Term Effects
Some people recover fully, while others may have lasting problems. Memory issues, difficulty concentrating, and personality changes can linger. These issues may affect a person’s job, relationships, and well-being.
Why Seek Medical Attention Quickly After a Car Accident?
If you suspect any head injury, get checked by a doctor as soon as possible. A medical exam can catch problems early; the doctor’s report also helps create a record of the injury. This record may be useful for legal purposes if you decide to take action later.
Can You File a Lawsuit If You Have a Brain? You can file a lawsuit if someone else’s carelessness or wrongful actions caused your car accident. This is where a car accident attorney comes in. They can investigate the details of your crash to determine who is responsible. Maybe the other driver was texting, speeding, or driving under the influence. They are responsible for car accident injuries if they violate traffic laws or act negligently.
Proving Negligence
To succeed in a car accident lawsuit, you usually must prove negligence. This means that the other party failed to act with reasonable care. For example, a driver who runs a red light or fails to yield is likely acting negligently. If that behavior led to your brain injury, they can owe you compensation.
Insurance Issues
Insurance companies often get involved in these cases. They may offer a settlement to cover some of your costs. But their goal is to pay out as little as possible. A lawyer who understands car accident claims and brain injury cases can negotiate. Without legal help, you might have far less money than you need for your medical bills and other losses.
Can You Recover Medical Costs and Other Damages for a Brain Injury Caused by a Car Accident?
In a legal claim, you might recover money for many losses from your brain injury. These can include:
- Medical bills (past, present, and future)
- Costs of rehabilitation and therapy
- Lost earnings if you had to miss work
- Future loss of earning capacity if you cannot return to your old job
- Pain and suffering due to ongoing physical or emotional issues
Pain and Suffering Explained
“Pain and suffering” is a legal term. It looks at how the injury affects your life beyond just physical pain. This includes emotional distress, mental health struggles, and the general loss of enjoyment in daily life. Brain injuries can often bring mood swings, depression, or difficulty in forming or keeping relationships. These impacts can become part of your compensation.
Ongoing Expenses
A brain injury can require long-term care. You may need help with daily tasks, special equipment, or regular visits to medical specialists. If you cannot return to work, that also affects your financial future. All these concerns should be part of your legal strategy so you do not end up paying out-of-pocket for issues you did not cause.
How Does a Car Accident Lawyer Help with Brain Injury Cases?
A car accident lawyer can gather evidence, talk to witnesses, and work with medical professionals. They can also negotiate with the insurance company on your behalf. Your lawyer can take your case to court if the insurance company does not offer a fair amount.
Calculating Damages
One of the biggest challenges in a brain injury case is deciding how much money you need to cover all your losses. You may need medical care far into the future, and you do not want to settle for less than you will require. A lawyer can bring in professionals like economists or life-care planners to estimate the long-term cost of your injury.
Reducing Stress
Handling a legal claim on your own can be stressful. This is even more challenging if you are coping with a serious brain injury. By having a legal professional manage your case, you can focus on your recovery rather than paperwork and deadlines.
Will Insurance Cover a Brain Injury?
Insurance might cover some or all of your medical bills, but it depends on the type of coverage and policy limits. After a car accident, you typically file a claim with your insurance company or the other driver’s insurer.
Settlements and Legal Rights
Insurance companies often try to settle quickly, hoping you will take the money and not ask for more later. However, a quick settlement might not fully account for the long-term costs of a brain injury. If you settle too soon and your condition worsens, you might have to pay future bills yourself. A car accident attorney can negotiate a fair settlement covering current and future expenses.
Policy Limits
Sometimes, the at-fault driver’s insurance coverage is not enough to pay for the full cost of your brain injury. In that situation, you might have to explore other options, like suing for personal assets or looking at your underinsured motorist coverage. An attorney can guide you through these steps.
How Long Do You Have to File a Car Accident Lawsuit?
In most states, you have limited time to file a car accident lawsuit. This deadline is called the statute of limitations. Once that time passes, you usually cannot file a claim. The limit might be a few years, but it varies by state.
Exceptions and Special Cases
Certain cases have different deadlines. For example, if your claim involves a government agency or if a minor suffered an injury, there might be special rules.
It’s best to talk to a car accident lawyer immediately to understand the deadlines that apply to you.
Why You Shouldn’t Wait
Waiting too long can hurt your case. Evidence might fade, witnesses might forget details, and the insurance company may argue you are not injured if you delay seeking help. Acting quickly shows you are serious and helps keep the details fresh.
How Do You Pay for a Car Accident Lawyer?
Most car accident lawyers work on a contingency fee basis. This means they only get paid if you win or settle your case. Their fee is typically a percentage of the settlement or court award. If you lose, you usually do not owe them a fee for their time.
Out-of-Pocket Costs
There might be out-of-pocket costs, like filing fees or getting copies of medical records. The law firm will often pay these costs upfront and then get repaid from your settlement if the case is successful. Discuss how your lawyer handles these fees.
Free Consultations
Many firms offer a free initial consultation to discuss your case. This is a chance to ask questions and decide if you want to work with that lawyer. Ensure you understand how you will manage fees and costs before signing any agreement.
What If the Insurance Company Denies Your Claim?
Insurance companies might deny claims for various reasons. They can say the policy does not cover the accident or that the injuries are not as serious as you claim. Sometimes, they may argue that the policyholder was not at fault or that the injury happened before the accident.
Appeals and Legal Action
If the insurance company rejects your claim, you can appeal the decision yourself. This is a formal process where you present more evidence or arguments. You might need to file a lawsuit if the insurance company refuses to pay. In that case, your lawyer will guide you as you navigate the legal process and ensure you pursue the best action to secure compensation.
Fighting Back
A car accident attorney can help fight against a denied claim by gathering medical records, speaking to witnesses, and building a case that proves you deserve compensation. Dealing with insurance companies can be overwhelming, especially if you have a brain injury. Having legal support can make a huge difference.
Do You Need to Go to Court?
Not all car accident cases end up in a courtroom. Most settle long before a trial. However, if the insurance company or the at-fault party refuses to offer a fair settlement, going to court might be your best option to get the compensation you need. Your lawyer will guide you through the process, advising you when to accept a settlement or pursue litigation for a better outcome.
Preparing for Trial
If a lawsuit is necessary, your lawyer will prepare documents, gather evidence, and conduct depositions where witnesses give statements under oath. A trial can take months or years to complete, depending on how complicated the case is. During this time, your lawyer will also negotiate settlements and keep you updated on the progress of your case.
Weighing Your Options
It’s important to weigh the pros and cons of settling vs. going to trial. Trials can be long and expensive, but sometimes, they are the only way to force the other side to pay what you deserve. A good lawyer will explain both routes and decide which route is best for you.
Reach Out to a Trusted Car Accident Lawyer Today
A car accident can indeed cause a brain injury, and the impact on your life can be huge. Beyond the physical challenges, you may face medical bills, lost income, and emotional struggles. That is why you should understand your legal rights and consider seeking help from a car accident lawyer if you suspect your brain injury is the result of someone else’s negligence.
Remember, you do not have to handle this alone. A qualified lawyer can guide you through collecting evidence, dealing with insurance companies, and deciding whether to settle or go to trial. They can also help ensure you receive fair compensation for both your immediate and future needs, including ongoing medical care and the emotional toll this injury may bring.
If you or a loved one has suffered a brain injury in a car accident, do not wait. Reach out to a trusted car accident lawyer today. A simple consultation can allow you to learn your options, protect your rights, and make the first steps toward a fair recovery.