Filing a Claim for a Concussion After a Car Accident
Posted On behalf of Pfeifer Morgan & Stesiak on Mar 24, 2022 in Car Accidents
Concussions can raise serious concerns for the victim’s present and future health and they can occur even in minor accidents. That is why seeking medical care right after a crash is so important.
The cost of medical care for a concussion can be significant, which is why victims are hoping to get those costs covered by the at-fault driver’s insurance policy.
Our South Bend-area car crash attorneys can discuss your legal options during a free consultation and we are ready to help you through each step of the legal process.
There are no upfront fees. We only get paid if we win, so there is no risk to you.
How Do Car Accidents Cause Concussions?
A concussion is a type of brain injury caused by a bump, blow or jolt to the head or by a hit to the body that causes the head to rapidly move back and forth.
When an accident occurs, the occupants of a vehicle are frequently jolted in their seats. If the impact of the collision is forceful enough, a person’s head may collide with a hard surface in the vehicle, even if he or she is wearing a seatbelt. At the very least, the impact of the crash could result in the violent shaking of the victim’s head. That is why concussions are not an uncommon injury after an accident.
What Are the Symptoms of a Concussion?
There are some symptoms that could signal you have suffered a concussion.
If you experience any of the following, you should see a doctor as soon as possible to confirm whether you have a concussion:
- Brain fog
- Blurred vision
- Slurred speech
A common misconception about concussions is that you must lose consciousness to have experienced one. However, this is not true. Only about 10 percent of people who have a concussion lose consciousness, so it is important to not let yourself be guided by this idea that you are okay because you did not pass out during or after the crash.
In fact, it is always a good idea to get medical attention as soon as possible after a crash to get a full understanding of the type of injuries you suffered. You do not want injuries to worsen because of lack of treatment. Head injuries could get much worse if left untreated.
How Do I Prove I Suffered a Concussion?
You need to show your concussion is a direct result of the crash to recover compensation for the damages caused by this injury. You need medical records showing your diagnosis and the likely cause of the injury. Your records will also show the date you sought treatment – if the date is the same day or the next day after the crash, it may go a long way in linking the crash and the injury.
Your doctor may be able to perform certain tests to determine whether you suffered a concussion, including imaging tests such as a CT scan. The doctor is also likely to do a neurological examination, in which he or she reviews your:
There are also cognitive tests that may determine whether a person experienced a concussion. These exams generally check:
- Ability to recall information
The results of these tests are all included in your medical records as proof of your injuries. You may also need your doctor or a medical expert to testify about your injury to link it to the crash.
What Should I Expect from the Insurance Company During My Claim?
Indiana car accident claims are filed with the at-fault party’s liability insurance company. They are likely to pushback about your injuries and the validity of your claim in an effort to defend their insured driver and protect their profits.
The insurance company may deny or call your diagnosis into question. They are probably thinking a concussion is more difficult to prove than an injury like a broken leg. Your medical records may not be enough for the insurance company, which is why you may need testimony from medical experts. The insurance company is likely to contract their own medical expert who may try to undermine your expert’s testimony.
Fortunately, the expert hired by the insurance company is legally bound to tell the truth, so he or she cannot deny your injury if the evidence is sufficient.
If you can successfully prove your concussion, the insurance company is likely to reach for another excuse to deny your claim. They may try to deny liability by claiming something else caused your concussion. One way to fight back against this is to see a doctor straight away after the accident to help link your injuries to it.
Let Us Help You File a Claim. Call Today
If you suffered a concussion after a crash caused by someone else’s negligent actions, call our knowledgeable attorneys today to help you through the process of filing a claim.
Our attorneys have decades of experience taking on insurance companies and fighting on behalf of injury victims. Let us help you pursue the compensation you need.
Call (844) 678-1800 to schedule a free consultation.