Navigating a Brain Injury Claim After a Car Accident

Car accidents are a leading cause of brain injury. When someone is affected by a brain injury, their entire life may change.

Navigating a brain injury claim after a car accident is important, as it can help a victim get the compensation they deserve, now and in the future.

Jordan Law Center explains navigating a brain injury claim after a car accident.

Challenges in Navigating Brain Injury Claims

Common challenges in navigating brain injury claims include:

Trouble proving the extent of injury

Proving a diagnosis can be complex. CT scans and MRIs don’t always show the extent of brain injury. Most people don’t have brain scans from before the accident, so there often isn’t a baseline for comparison.

Because brain injuries can vary significantly, it’s not enough for a victim with severe injuries to settle for limited compensation. Instead, they need an amount that reflects the harm they have suffered. In addition to proving the extent of injury, proving that a brain injury is the result of the accident can also be a challenge.

Delayed symptoms

Brain injuries don’t always appear right away. The brain can swell over several days following an accident. Some brain injury victims may have delayed signs of cognitive and neurological damage.

While some victims recover quickly, others may have prolonged life changes. All injuries and damages must be included in the claim for a brain injury. Delayed symptoms must be identified and included, or they will not be compensated.

Future damages and rehabilitation

Just like symptoms may appear in the future, the financial impacts of a brain injury may be in the future. A person may have rehab for a brain injury for years to come or may have personal care needs that change over time. These future damages can be hard to value. However, they are compensable damages that must be navigated after a car accident brain injury.

Expert testimony

Brain injury claims often rely heavily on medical testimony. Experts are needed to explain the future impact of the injury and likely costs. There are special procedures for admitting expert testimony that must be prepared in advance.

The ability of the victim to testify

Often, some of the most powerful testimony in a brain injury claim comes from the victim. They may testify as to how their injuries impact their life. When a person has a brain injury, their ability to communicate may be impacted or they may have memory loss. If that’s the case, they must include other evidence that proves their case.

Common types of brain injuries caused by car accidents

• Concussion—disruption of normal brain activity caused by violent shaking
• Coup contrecoup—where an injury occurs opposite the side of impact
• Penetration—where an object penetrates the brain
• Hematoma, brain bleed—a blood clot that forms in the brain or bleeding or bruising.
• Skull fracture—the head is made up of bones that can break when subject to trauma
• Diffuse axonal injuries—damage to nerves because of rapid stretching

Injuries may be open or closed.

When To File a Brain Injury Claim After a Car Accident

It’s important to file a brain injury claim at the right time. File too soon, and your injuries may not be fully identified. File too late, and the statute of limitations may expire.

It’s important to begin building your case immediately. Even while the victim is recovering from severe injuries, their lawyer can gather crucial evidence.

Importance of Documenting Impact on Daily Life

A brain injury can impact a victim in daily life in a variety of ways.

• Trouble walking
• Needing help with personal care
• Not being able to be left alone
• Confusion, trouble with daily tasks
• Inability to work
• Speech impairment
• Mood changes, depression, PTSD
• Neurological changes
• Incontinence, bowel dysfunction
• Sexual dysfunction
• Physical pain
• Emotional anguish

Documenting impact is an important part of any claim. This is often done through testimony of friends, caregivers, and family members. If the person can testify, they can talk about the ways their life has changed. Experts can provide medical support for how injuries impact a person’s daily life.

Financial Burden of Brain Injury Rehabilitation

The Brain Injury Association of America reports that brain injury rehabilitation can cost as much as $1,600 per day. Charges may include therapy plus room and board. In addition, a person with a brain injury from a car accident may not be able to work during rehabilitation. They may not be able to provide care for family members or household services that they used to provide.

Rehabilitation may include learning to walk and care for oneself. A person may need speech therapy and help to rebuild cognition. They may have specific career needs to address in rehabilitation.

This care comes at a significant cost. Rehabilitation is a part of damages that may be included in a brain injury car accident settlement. The victim must prove that they are likely to benefit from rehabilitation and the projected costs of care.

Calculating a Brain Injury Car Accident Settlement

Calculating a brain injury car accident settlement involves evaluating immediate financial losses, projected future losses, and pain and suffering. Expected future damages must be proven to be a reasonable certainty. Damages will be calculated to present value. The structure of a car accident settlement may also be important to ensure that funds are available in the future.

A claimant may resolve their case by settlement or by taking their case to trial.

Talk to a Car Accident Lawyer

Do you need help navigating a brain injury claim after a car accident? If you or a loved one has been hurt, we invite you to contact Jordan Law Center. Our team can work quickly to build evidence while you focus on recovery. We can help you identify, prove, and value future damages. We can ensure that you file your case at the right time.

Contact a car accident lawyer at Jordan Law Center today.