Concussion Car Accident Settlement Amount

May 8, 2024 | David Abels
Concussion Car Accident Settlement Amount

The value of a settlement for a car accident-related concussion will depend on several factors. The details of your concussion, the symptoms your injury causes, the extent of vehicle damage, and other considerations will factor into the settlement calculation.

Every car accident victim deserves a unique amount of compensation. Even if you were not concussed, you might find it immensely difficult to value your accident-related damages. Consider hiring a Chicago car accident lawyer to evaluate your damages and fight for the settlement you deserve.

Factors That Determine the Value of a Concussion Settlement

You cannot project your concussion car accident settlement amount without knowing certain details. Your lawyer will calculate a precise settlement target but will first need to know:

The Nature and Severity of Your Concussion

Chicago car accident lawyer

Concussions are a type of traumatic brain injury. It is worth considering whether you have suffered other brain injuries, and a doctor can help you identify:

  • Contusions
  • Hematomas
  • Diffuse axonal injuries (DAIs)
  • Any other brain injuries related to your accident

You should undergo a complete physical exam if you have not already. Your doctor will diagnose any non-brain-related injuries in addition to your concussion.

The Specific Symptoms You Experience

Some common symptoms of concussions include:

  • Ear ringing
  • Vision problems
  • Fatigue
  • Confusion
  • Dizziness
  • Vision problems
  • Memory problems
  • Headaches 

The specific symptoms you suffer will determine how severely your concussion interferes with your life. Your lawyer will consult your doctors (and yourself) to evaluate your symptoms, determine how they affect you on a day-to-day basis, and calculate the cost of your concussion.

The Intensity of Your Pain and Suffering

Pain and suffering is a certainty when you have a concussion. Anxiety, depression, and other types of pain and suffering may:

  • Be symptoms of the concussion
  • Result from the trauma of being in a car accident
  • Stem from the overall hardship of being injured in a car accident

The nature and intensity of your pain and suffering will be a key consideration as your lawyer calculates your case value.

Your Recovery Timeline

When calculating damages like lost income and pain and suffering, your lawyer must understand when you’re likely to recover—if ever. If you have not fully recovered by the time your case concludes, your lawyer will consult your doctors to determine when (or if) you are likely to reach maximum recovery.

The Extent of Vehicle Damage

Property damage is a consideration in most car accident cases. Your lawyer will factor the cost of the following:

  • Repairing your vehicle
  • Replacing a totaled vehicle
  • Replacing any other property damaged during the car accident

The more serious your property damage is, the higher your lawyer’s settlement target may be.

The Degree to Which Your Concussion Affects You Professionally

Concussion-related symptoms may:

  • Prevent you from working
  • Limit the hours you can work
  • Require you to change professional roles
  • Cause a variety of professional damages

The extent to which your concussion symptoms interfere with your work will be relevant to your case value.

The Share of Fault for the Car Accident

Multiple parties can be liable for a car accident. If someone is partially responsible for their accident, they may not be entitled to the full value of their damages. Therefore, whether or not you share fault for your accident will affect your settlement value.

As you can see, much goes into calculating a car accident settlement. Allow an attorney to consider these and other relevant factors, and then fight for the money you deserve.

Should I Let a Lawyer Seek a Settlement After My Car Accident?

You should seriously consider allowing a car accident lawyer to pursue compensation for your concussion. Crash victims with brain injuries hire attorneys because:

  • Brain injuries can interfere with cognitive function: Memory issues, impaired judgment, and other concussion symptoms may make it difficult for you to handle complex cognitive tasks—or even simple ones. Insurance claims are nothing if not complicated.
  • Failing to rest can cause long-term health problems: Those with brain injuries must usually avoid strain and stress. Therefore, your doctor may recommend that you do not expose yourself to the demands of an insurance claim.
  • Attorneys have the time and resources to handle complicated cases: Lawyers are uniquely positioned to represent car accident victims. Your attorney will have the time, education, experience, and resources to build a compelling claim or lawsuit.
  • Attorneys provide essential financial support: You may want to avoid any added financial stress following your accident. Your law firm will pay for all case-related costs, and their contingency fee structure will prevent you from paying out of pocket for representation. 
  • Your recovery deserves your full attention: Anything that takes away from your recovery can be detrimental to your health. As important as your case is, your prime focus should be recovery. Hiring a car accident lawyer ensures that your health and claim or lawsuit receive equal attention.

Regardless of your injuries, car accident victims often face post-traumatic stress disorder (PTSD) and other challenges that make it difficult to handle insurance claims.

How Your Car Accident Attorney Will Serve You

You can rely on your lawyer to handle every aspect of your case, including:

Protecting You from Rights Violations

Negotiating with Insurance Representatives

A rights violation may prevent you from securing the compensation you deserve. An attorney will deal with any hazards to your case, which may include:

  • Pressure tactics from insurance representatives
  • Attempts to have you admit fault for your car accident
  • Lowball settlement offers
  • Delays in the claims process
  • Bad-faith negotiation tactics

Attorneys understand the tactics that insurers and other liable parties often use. Your lawyer will respond appropriately to such tactics and continue fighting for the compensation you are entitled to.

Determining Financial Liability for Your Damages

Your attorney will conduct a detailed investigation of your car accident. They will review video footage, eyewitness testimony, and other evidence. This evidence will help your lawyer determine who caused the accident and who is financially responsible for your damages.

Documenting and Valuing Your Damages

Since your damages will be the key focus of your case, your lawyer will document them in extensive detail. They may prove the cost of your accident with:

  • Mental health experts’ testimony about your pain and suffering
  • X-rays and other medical images
  • Doctors’ diagnoses of your injuries
  • Medical bills
  • Past income statements proving your lost income
  • Invoices for the repair of your vehicle

Any documentation proving your economic or non-economic damages will be useful to your case.

Negotiating with Insurance Representatives

Negotiating a settlement is the most common way of resolving car accident cases. Your lawyer will contact insurance representatives to arrange negotiations. Your legal team will provide documentation of your damages, evidence of fault, and any other case materials that liable parties need to see.

Filing Any Necessary Lawsuit

Your attorney may advise you to pursue a lawsuit if liable parties do not offer a fair settlement. Leave the legal legwork to your lawyer, as they will be well-versed in the details of car accident lawsuits.

Taking Your Case to Trial, if Necessary

Your attorney may continue seeking a fair settlement after filing a lawsuit. If they still do not receive a fair offer from liable parties, your attorney will:

  • Initiate the pre-trial process, including depositions and the exchange of case materials
  • Arrange for witnesses to testify on your behalf
  • Prepare evidence for trial
  • Lead you through every step of the trial process

Attorneys understand how to file motions, make arguments, lodge objections, and handle the other aspects of the trial. Allow an experienced car accident lawyer to accompany you through every turn of your case.

The value of your car accident settlement will hinge on the nature and severity of your damages. Your attorney will do everything possible to shine a light on these damages, which may include:

Pain and Suffering

Car accident victims often face pain and suffering even when they don’t suffer significant injuries. Those with concussions and other significant health ailments may suffer in many ways, including:

  • Physical pain, possibly including chronic conditions)
  • Anxiety, potentially including fear of being in motor vehicles
  • Depression
  • Post-traumatic stress disorder
  • Sleep problems
  • Lost quality of life

Symptoms of your concussion may cause or worsen your pain and suffering. Your attorney will arrange for you to see a qualified mental health professional who will formally diagnose your accident-related conditions.

Professional Damages

Concussion symptoms would prevent most workers from doing their jobs, temporarily or permanently. Professional consequences of your injury may include:

  • Lost income
  • Diminished earning power
  • Lost bonuses
  • Lost promotion opportunities
  • Loss of fulfillment you find in doing your job

No matter what you do for a living, your lawyer will determine the professional cost of your accident and related concussion.

Medical Costs

Your lawyer will account for all of your medical costs from the moment of your accident to your final day of recovery. The severity of your concussion and other injuries, as well as your response to treatment, will be key factors in your medical costs.

Property Costs

Medical costs for car accident victims can include:

  • Vehicle repairs
  • Replacement of damaged phones, clothing, jewelry, and other personal items
  • Replacement of a totaled vehicle
  • Temporary transportation expenses

If you suffer permanent brain damage or other disabling symptoms, expect your lawyer to account for the hardship of being disabled. You may need medical equipment, permanent income replacement, rehabilitation, and other items and services related to your disability.

Can I Afford the Cost of a Car Accident Lawyer?

Car accident lawyers typically employ a fee structure that puts no financial strain on the client. This ensures that you can afford an attorney even if you face difficult financial circumstances.

The common contingency fee arrangement used by car accident attorneys means:

  • Your law firm requires no upfront compensation
  • Your law firm pays for expert services, filing costs, and other case-related expenses
  • You face no direct financial burden for hiring an attorney
  • Your law firm accepts all the financial risk associated with your case
  • Your attorney has a massive financial incentive to secure as much compensation as possible for you

Your lawyer’s fee will come as a percentage of your settlement or jury award. This means that your lawyer’s financial motivations will align squarely with yours.

How to Choose a Lawyer for Your Car Accident Case

Several law firms may serve car accident victims in your area, so you may have to choose which attorney best fits your needs. You may find the right lawyer by considering the following:

The Attorney’s Reputation Among Their Former Clients

Car Accident Case

Reputations matter in the legal field, as in other areas of life. Former clients can tell you how a law firm and its attorneys treat clients. Look for reviews indicating that:

  • Attorneys show clients compassion and respect
  • The law firm communicates actively with clients
  • The law firm is willing to take cases to trial
  • The law firm gets positive results for car accident victims

Clients tend to speak freely when leaving reviews for a law firm; you should pay attention to their words.

The Law Firms Results in Car Accident Cases

Clients expect their lawyers to secure fair compensation for accident-related damages. Review a firm’s results. Look specifically for how a law firm has performed in cases similar to yours, including cases involving traumatic brain injuries.

The Law Firm’s Proximity to You

You should hire a law firm who will not have to travel far to handle case-related responsibilities. There should be several law firms serving your area, so this should not be a challenge.

The Law Firm’s Performance During Your Consultation

Complete a free consultation and ask the law firm any questions you deem relevant, including tough ones. The law firm’s representatives should answer honestly and treat you respectfully throughout the consultation.

You Should Not Wait Any Longer to Hire a Car Accident Lawyer

You (or your lawyer) may face a deadline for filing your car accident case. Time is of the essence, so don’t wait to find and hire a qualified car accident attorney to fight for your financial recovery.

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David Abels

Partner

David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.

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