The average settlement for a concussion from a car accident is impossible to calculate because so many factors can affect the value of this type of claim. You would determine the fair settlement value of your case based on the expenses, losses, and other details of your collision and injuries. This process is the only way to ensure you receive a fair payout and justice in your case.
If you are unsure how to calculate a fair settlement value on your own, working with a car accident attorney could help. They will investigate what happened, compile evidence to support your claim, determine the value, and seek a settlement agreement on your behalf. If the at-fault party and their insurer do not agree, a lawyer can sue the responsible driver for you.
How a Concussion Can Affect Your Everyday Life
In general, most concussions are minor and cause only short-term concerns for those who suffer them. They recover quickly with little to no lasting damage. According to the American Association of Neurological Surgeons (AASN), symptoms generally fade gradually and go away entirely within 10 to 14 days.
However, even a minor concussion following a car accident can force victims to miss a week or two at work and require additional help around the house. They might miss out on some activities they enjoy during this time. However, they usually recover relatively quickly.
The More Severe the Concussion, the More It Influences Your Settlement Request
Moderate or severe concussions cause more serious symptoms such as:
- Traumatic brain injury (TBI)
- Loss of consciousness
- Extreme drowsiness
- Slurred speech
- Feeling confused or disoriented
- Balance concerns and decreased coordination
- Nausea and vomiting
- Seizures
- Vision changes
- Emotional and mental health changes
When injuries are more severe, they could lead to these expenses and losses that affect the value of your insurance claim:
- Medical bills
- Future medical care needs
- Home care needs
- Loss of income from time missed from work
- Diminished earning capacity if you cannot return to their previous work
- Modifications to your home if needed for mobility issues
- Pain and suffering
- Reduced quality of life
- Loss of consortium
For a free legal consultation, call (800) 537-8185
Other Factors that Could Affect a Concussion Car Accident Settlement
In addition to the severity of the injury and the related expenses, you might encounter these other costs recoverable in an insurance settlement:
- Repair or replacement of the vehicle
- Rental car costs
- Property damage repair or replacement
- Miscellaneous expenses
Other factors that might also significantly affect the potential value of a case include:
- State laws that limit certain types of damages
- Whether the liable party acted intentionally or especially recklessly
- If the victim contributed to the accident in any way, which could restrict or bar recovery
A car accident law firm in your state can help you determine how these factors could change the potential worth of your settlement. They can be especially helpful if you face future medical needs or extensive intangible losses because of lasting injuries. Your lawyer will have medical experts and others they can call upon to help them value your claim accurately.
An Attorney Ensures You Reach a Settlement or Pursue Additional Action
When you hire a car accident attorney for a concussion case, they often negotiate a settlement outside of court with the liable driver’s insurance company. As a result, you may not need to sue the at-fault party or ever make a court appearance. However, if the insurer will not agree to an appropriate payout, a lawsuit and trial might be the best option.
Each state has its deadlines and other rules for when you need to file this paperwork. Gulf South states have these statutes of limitations:
- Two years in Alabama, Ala. Code § 6-2-38
- Three years in Arkansas, Ark. Code Ann. § 16-56-105
- One year in Louisiana, La. Civ. Code Art. 3492
- Three years in Mississippi, Miss. Code Ann. § 15-1-49
Circumstances surrounding your case could reduce this time further, so act quickly to get started.
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Morris Bart, LLC Is Here to Help Accident Victims Seek Compensation
The Morris Bart law firm offers free case consultations for those injured in the areas we serve. We have 15 offices in the four Gulf South states. Our team works based on contingency.
Call (800) 537-8185 today to discuss your legal options with our attorneys for free.
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