Getting Compensation for a Concussion from a Car Accident
A concussion can change your life in an instant. Symptoms like headaches, dizziness, confusion, or trouble concentrating can disrupt your work, daily routine, and personal relationships for days or even weeks after a car crash. If another driver caused the accident, you might wonder whether you are entitled to compensation or if you can take legal action. A New York car accident lawyer can help you understand your options, protect your rights, and demand the compensation you deserve.
How to Know If I Have a Concussion After a Car Accident
A concussion is one type of mild traumatic brain injury (TBI) caused by a sudden impact or jolt that affects brain function. If you experience certain physical, cognitive, or emotional symptoms after a car accident, you might have a concussion. Here are some key signs of concussion after a car accident:
Immediate and Delayed Physical Symptoms
- Headache: A persistent or worsening headache is one of the most common concussion symptoms.
- Nausea or Vomiting: This can be a sign of a concussion, especially if it occurs repeatedly after the injury.
- Dizziness or Balance Issues: TBI victims often report feeling unsteady or lightheaded.
- Blurred or Double Vision: Visual disturbances can point to a concussion.
- Sensitivity to Light or Noise: These symptoms often develop within hours or days after the car crash.
- Fatigue or Drowsiness: Feeling unusually tired or having trouble staying awake after a head injury can point to a possible concussion.
- Loss of Consciousness: Even a brief loss of consciousness should be taken seriously, as it can indicate more severe brain injuries.
Cognitive and Memory Impairment
- Confusion: Feeling dazed or disoriented
- Trouble Concentrating: Difficulty focusing or processing information
- Memory Loss: Forgetting the accident or events just before or after
- Slowed Responses: Delayed verbal or physical reaction
Emotional and Behavioral Changes Following a Concussion
- Moodiness: Irritability or mood swings
- Psychological Difficulties: Anxiety or depression
- Intense Emotions: Feeling unusually emotional
- Changes in Sleep: Sleeping more or less than usual, or difficulty falling asleep
When to Seek Medical Attention
You should seek immediate medical attention if you experience any of the following symptoms after a blow to the head:
- Loss of consciousness
- Seizures
- Repeated vomiting
- Chronic headaches
- Feeling confused or “not right” several hours later
- Clear fluid or blood draining from your nose or ears
- Weakness, numbness, or slurred speech
Even if your symptoms seem mild, it’s essential to get evaluated. Some concussions can worsen over time, and untreated TBIs can lead to long-term complications and permanent brain damage. A doctor can conduct a physical examination and diagnostic tests to determine if you have a mild, moderate, or severe concussion.
When Can I Seek Compensation for a Concussion from a Car Accident in New York?
New York uses a no-fault insurance system for car accident claims. This means your own insurance pays for your medical treatment and lost wages, no matter who caused the crash. You must first use this coverage before trying to sue someone else. If you have basic no-fault benefits, your policy will cap your compensation at $50,000. However, you might be able to file for additional no-fault benefits if you or the insured has this optional coverage.
You could have grounds to file a personal injury claim against the other driver if your concussion meets the “serious injury” threshold under New York law. A mild concussion usually won’t qualify, but if your symptoms last for weeks or months, you might meet the standard. Ongoing memory loss, dizziness, migraines, or problems focusing could indicate that your injury is serious. Medical records and imaging results can support your case.
You’ll need to act quickly to claim compensation. You only have 30 days to file for no-fault benefits and three years to sue the other driver if you meet the serious injury threshold. Missing either deadline could prevent you from getting fair compensation for a concussion in a car accident claim. An experienced personal injury attorney can handle your legal claim while you focus on your recovery.
Compensation Available in a Car Accident Concussion Case
If your concussion qualifies as a serious injury under New York law, you could seek more compensation than your no-fault insurance will pay. This includes money for both financial losses and the personal impacts the injury has had on your life.
Financial losses for which you can recover money include medical expenses for things like follow-up treatments, physical therapy, and medications. You can also seek compensation for your future medical expenses. If your concussion causes you to miss work or decreases your ability to earn money in the future, you could recover compensation for lost income and reduced earning capacity.
You can also pursue money for the pain and suffering, stress, and emotional toll the concussion caused you. If your injury affects your sleep, mood, memory, or ability to enjoy time with family or friends, you can seek compensation for the injury’s impact on your life, too. Long-term effects like these could increase the value of your claim.
You will need strong proof to recover maximum compensation, such as medical records, doctor’s notes, photos, and witness reports. An experienced car accident attorney can gather the evidence you need and demand a full financial recovery on your behalf.
Should I Hire a Lawyer If I Suffered a Concussion After a Car Accident?
Yes. Even a mild concussion can lead to serious problems, and insurance companies might try to downplay your symptoms or delay your payments if you face them alone.
A personal injury lawyer can deal with the paperwork, talk to the insurance company for you, and help you avoid costly mistakes. They can also make sure your claim meets all relevant deadlines and follows New York laws. If you have grounds for a personal injury lawsuit, they can push for the full compensation you deserve in court.
Your lawyer can also bring in medical experts and accident investigators to strengthen your claim. This kind of support can make a huge difference in how much money you recover from a concussion car accident settlement.
If you have ongoing symptoms, miss work, or need help with daily tasks, don’t try to handle your case alone. A lawyer can help you fight for the compensation you need to move forward.
Call Our Car Crash Attorneys in Queens, NY for Help with Your Case Today
If you suffered a concussion in a New York car accident, The Tadchiev Law Firm, P.C. can help you understand your rights and what steps to take next. Our team will review your case, answer your questions, and explain how the claims process works. We offer free initial consultations, so you can talk to us without any cost or pressure. Contact us today to get started.
About the Author
Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.