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Can I Sue for a Concussion in a Car Accident?

Concussion infographic with a skeleton holding head in pain.

Car accidents can lead to a variety of serious injuries, including concussions. Motor vehicle crashes, in fact, are one of the top three causes of brain injuries, according to the Centers for Disease Control and Prevention (CDC). Concussions are classified as a type of "mild" traumatic brain injury (mTBI), but there's nothing mild about a TBI.

One question a personal injury lawyer often hears is, “Can I sue after suffering a concussion in a car accident?”

A concussion in a car accident could be grounds for a lawsuit

In Massachusetts, a person who sustains a brain injury or concussion in a car accident may have grounds to file a lawsuit if the injury was caused by someone else’s negligence. If the other driver was at fault, they (or their insurance company) may be responsible for paying compensation for losses.

What types of compensation am I eligible to receive?

The impact of a concussion could be mild or severe. It’s important to seek medical attention as soon as possible after a car accident. You might have a brain injury and not realize it in the immediate aftermath of a crash. A doctor can help determine the nature of your head injury.

Medical professionals typically perform imaging tests such as magnetic resonance imaging (MRI) or cranial computerized tomography (CT) scans. A concussion victim might receive X-rays. A doctor also might perform exams to evaluate vision, hearing, or balance.

In some cases, concussion victims are entitled to compensation. In lawsuits, there can be compensation for both economic and non-economic damages.

Economic damages relate to financial losses associated with the concussion. Here are some examples:

  • Medical costs
  • Costs for surgery and treatment, including assisted living facilities
  • Loss of wages and expected future earnings

Non-economic damages are less tangible but can seriously impact your life. They include:

  • Loss of companionship
  • Loss of consortium
  • Pain and suffering
  • Emotional distress and mental anguish

What are the signs of a concussion?

According to the Mayo Clinic, the following are signs of a concussion:

  • Headache
  • Ringing in ears
  • Feeling nauseated
  • Throwing up
  • Tired or fatigued
  • Blurred vision

If you know someone who was injured, watch for signs they may have a concussion. They include:

  • Confusion
  • Dizziness
  • Amnesia
  • Slurred speech
  • Forgetfulness or repeating the same question
  • Dazed appearance

Should I contact an attorney after a car accident?

A concussion or brain injury from a car accident can lead to a complex insurance claim. In some cases, the insurance company for the at-fault driver might downplay the seriousness of the injury. They may offer a lowball settlement.

Concussions, however, can have a long-term impact on the victim’s life. The person with the brain injury may have to give up hobbies. A victim may lose income or even have to end a career.

That’s why it’s important to talk to a Massachusetts attorney about the accident and concussion. Contact the Law Offices of Mark E. Salomone to arrange a free consultation. We can help you get a clear picture of the types of damages you may be entitled to receive. We can evaluate your case and help you determine if you should file a lawsuit for the concussion.

There’s no obligation when you contact us, and our law firm handles cases on a contingency fee basis. That means we only get paid if you win. Get in touch with us today for your free consultation.

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If you were injured or a loved one was injured or killed in an accident in Boston, Worcester, Springfield or Holyoke, a personal injury lawyer can fight to help you obtain compensation you deserve. At the Law Offices of Mark E. Salomone, serving Massachusetts, our personal injury attorneys have an impressive record of trial verdicts and settlements.

Law Offices of Mark E. Salomone