Can You File a Lawsuit For a Concussion After a Car Accident?


After a crash, an attorney can help you understand your potential legal options.

A concussion is a common car accident injury. Unfortunately, it’s also frequently misunderstood. While some people incorrectly believe that concussions are not that big of a deal, they are traumatic brain injuries that can have long-term consequences without prompt medical attention. If you suffered a concussion in a crash that was not your fault, you have the right to use the legal system to seek financial compensation.

What is a concussion?

A concussion is also known as mild traumatic brain injury (TBI). People can suffer concussions in a car accident in several different ways. One is by being struck in the head. For example, a person’s head may strike the steering wheel, side window, or windshield during the collision. Another way people get concussions is when the force of impact causes the head to be violently shaken. When this happens, the brain can slam into the inside of the skull, resulting in a concussion or other type of traumatic brain injury.

What are the symptoms of a concussion?

There may be some symptoms of a concussion not long after the accident. But concussion symptoms are often delayed and may not appear for days or even weeks. When they do occur, symptoms may include:

  • Headache
  • Problems with speech
  • Confusion
  • Dizziness
  • Nausea
  • Vomiting
  • Blurry vision
  • Feeling lightheaded
  • Problems with concentration
  • Memory problems

How is a concussion diagnosed and treated?

Because concussions can have delayed symptoms and be difficult to diagnose, it’s important to always get medical attention as soon as possible following a car accident. A doctor may perform a neurological exam to evaluate your vision, hearing, balance, and other factors. You may also undergo a cognitive test to check your memory and ability to concentrate. Imaging tests such as X-rays, MRIs, or CT scans may also be ordered.

You could be kept overnight in the hospital for observation. Or you may be sent home with instructions to monitor your symptoms. Generally, people who may have a concussion are advised to rest for 48 hours and not participate in any strenuous physical or mental activity. There are usually follow-up visits with doctors to monitor your progress.

Can I file a lawsuit for a concussion?

If a negligent driver caused the car accident that left you injured, you have the right to seek financial compensation for all current and future medical expenses related to your concussion, lost wages if you were unable to work for some time, and other damages such as pain and suffering. The first step is filing a claim with the insurance company. But if they won’t agree to a resolution of your claim that is fair, the next step may be legal action.

How can a car accident lawyer help?

Negligent drivers often deny doing anything wrong, and insurance companies may dispute the severity of your concussion. An experienced car accident lawyer can investigate your accident and build a strong case proving negligence caused the accident that hurt you. An attorney can also determine the total damages you suffered and attempt to negotiate a settlement with the other driver’s insurance company.

If a settlement can’t be reached, the next step may be filing a personal injury lawsuit, where your attorney can:

  • Draft the required documents and file them with the appropriate court
  • Take part in the discovery process
  • Conduct depositions
  • Give an opening and closing statement
  • Present your case at trial
  • Cross-examine witnesses for the defense.

Your attorney can guide you through the process and may also continue to work on negotiating a settlement to avoid trial.

Hurt in an Ohio car accident? Call Gervelis Law.

If you suffered a concussion in a car accident in Ohio, Gervelis Law Firm is ready to help. Our firm has been fighting for the injured in Columbus, Canfield, Akron, Toledo, and communities throughout Ohio for decades. We can review the details of your accident and go over your legal options during a free consultation. Contact us today.



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