A concussion is a common car accident injury and also occurs after sudden falls.
The attorneys at Gladstein Law Firm, PLLC have the experience you can count on to provide financial recovery, peace, and closure after an injury.
A concussion can take away your ability to continue your life as normal.
It may impact all aspects of your life, including relationships with family and friends and your ability to work or be employed, do household chores, drive, and engage in other daily activities.
Of the 26 million injury-related emergency department visits, hospitalizations, and deaths that occurred in the U.S in 2013, nearly 2.8 million cases involving traumatic brain injuries.
When searching, What is the average concussion settlement value from a car accident injury? Understand that every case is different, and each person’s circumstances are unique.
The average concussion settlement ranges from $20,000 to $200,000, although many fall above or below this range.
The information on this page will help you understand what a fair settlement might look like for you.
What Is a Concussion?
A concussion occurs when a bump, blow, or jolt causes the brain to move quickly back and forth.
Generally a mild form of traumatic brain injury (TBI), a concussion can occur from a fall or a blow to the body.
A sudden movement can cause the brain to bounce around or twist in the skull, resulting in chemical changes in the brain or stretching and damaging brain cells.
Although concussions are not usually life-threatening, the symptoms can severely affect your life and overall well-being.
Causes Of Concussions
We often associate concussions with sports injuries. A player who has previously suffered a concussion is three to six times more likely to suffer another.
However, unintentional falls and motor vehicle crashes caused the most TBI hospitalization in 2014, accounting for 52.3% and 20.4% of all TBI-related hospitalizations, respectively.
Whenever an accident is the fault of another, you may have a right to compensation from the responsible party.
Signs of a Concussion
After an accident, some concussion symptoms may occur immediately, while others may appear hours or days after the injury.
Signs of a concussion include:
- Difficulty thinking clearly,
- Feeling slowed down,
- Difficulty concentrating or remembering new information,
- Fuzzy or blurry vision,
- Nausea or vomiting (early on),
- Sensitivity to noise or light,
- Balance problems,
- Feeling tired,
- Having no energy,
- Feeling unusually emotional,
- Nervousness or anxiety,
- Sleeping less than usual or more than usual, and
- Trouble falling asleep.
Symptoms typically improve over time, and most concussion patients feel better within a couple of weeks. However, some patients will have symptoms for months or longer.
If this applies to you, visit your doctor to talk about post-concussion syndrome and its long-lasting effects. Anxiety and depression often make it harder to adjust to the symptoms of a mild TBI or concussion.
Kentucky’s “No-Fault” Rule
Kentucky is considered a “no-fault” state, where each party files first with their own insurance for recovery after an auto accident.
Unless they choose to opt-out, each Kentucky driver must carry personal injury protection (PIP) Insurance to cover the costs of their damages.
If you have PIP insurance, you cannot sue an at-fault driver unless your injuries exceed legal limits. Fortunately, Kentucky’s statutory threshold to sue an at-fault driver is fairly low.
You must have:
- Over $1,000 in medical expenses,
- A broken bone, permanent disfigurement, or permanent injury; or
- Filed a wrongful death lawsuit on behalf of a deceased loved one.
Of those who received inpatient rehabilitation services for a primary diagnosis of TBI, 22% stayed the same, 30% became worse, and 22% died after five years.
Although many people tend to downplay their symptoms, concussions can have serious, long-lasting effects.
What Is a Personal Injury Settlement?
After a car accident, the threat of filing a lawsuit gives you the leverage to negotiate a settlement with the at-fault party’s insurance company.
Insurance companies usually offer a settlement early on and pressure you to accept by setting arbitrary deadlines.
You do not have to accept the first offer you receive. We recommend that you contact us to review any settlement with you before you accept.
Once you accept a settlement, you lose your right to sue. This is especially important to understand with concussions because TBI symptoms can take longer to appear, and the effects can be ongoing.
How Is a Concussion Settlement Amount Calculated?
In a concussion case, called a “tort” case, an injured party can recover economic and non-economic damages. Economic damages include medical bills, physical therapy, hospitalization, chiropractics, and property damage.
Non-economic damages include the traditional “pain and suffering” injuries and emotional damage. Punitive damages are also available, although these awards are rare.
A lawyer can help you estimate the value of your individual case and determine what would be a fair settlement.
Although most cases settle, some insurance companies refuse to negotiate, and you may need to take your case to trial. In that case, a jury will hear the evidence and decide what amount will compensate you for your injuries.
When the primary injury is a concussion, many jurors struggle to determine how to value the injuries because the damages can be subjective.
The credibility of the injured party becomes vital to explaining the extent of the injuries. While objective diagnosis can help, any documentation of ongoing effects will bolster your claim.
Gladstein Law Firm, PLLC: Helping the Injured Seek Compensation
When you experience a concussion after an accident, you deserve the best representation you can find. At Gladstein Law Firm, PLLC, we have helped injured individuals hold others accountable for their actions for nearly 20 years.
While our attorneys once defended medical malpractice cases, we built our firm around supporting the individual. We recently settled a case for $725,000 after a customer experienced an accident after being over-served in a bar.
If you’re ready to move forward after your concussion, call our firm today, and we will review your options for recovery.