Pursuing Compensation for Traumatic Brain Injuries After a Crash
Traumatic brain injuries (TBIs) are some of the most devastating injuries one can suffer in a car accident. Unlike broken bones or surface wounds, brain injuries are often invisible, misunderstood, and misdiagnosed. They can disrupt every aspect of a person’s life—mental, emotional, physical, and financial.
This comprehensive guide walks you through what a traumatic brain injury is, how it relates to car accidents, how to identify symptoms, and how to pursue compensation if you or a loved one is affected.
Understanding Traumatic Brain Injury (TBI)
A traumatic brain injury occurs when the brain is suddenly and forcefully jolted or impacted, causing disruption to normal brain function. These injuries are common in car accidents due to the violent motions involved in collisions—even when no direct head impact occurs.
How TBIs Happen in Car Accidents
TBIs may result from:
- Striking your head against a surface like the steering wheel, dashboard, or window.
- Violent jerking of the head or neck due to whiplash.
- Sudden deceleration that causes the brain to move inside the skull.
Even a rear-end collision at low speed can cause the brain to bounce within the skull, leading to what’s known as a closed head injury—a form of TBI without visible external damage.
Common Medical Terms You May Hear
If you seek treatment, doctors might use terms such as:
- Mild traumatic brain injury (mTBI): Often used for concussions, with temporary symptoms.
- Closed head injury: Damage occurs inside the skull without skull fracture.
- Cognitive impairment: Difficulty with memory, focus, or mental clarity.
- Neurological damage: More severe and often long-lasting brain dysfunction.
Understanding these terms will help you better navigate medical discussions and insurance paperwork.
Recognizing Symptoms of a Brain Injury
Symptoms of a TBI may not appear immediately. In many cases, they surface hours, days, or even weeks after the incident, which makes prompt diagnosis difficult.
Early and Delayed Symptoms to Watch For
Common signs include:
- Persistent or worsening headaches
- Dizziness, nausea, or vomiting
- Confusion or disorientation
- Memory loss or trouble focusing
- Mood swings, anxiety, or depression
- Fatigue or changes in sleep patterns
- Light or sound sensitivity
Some victims say, “I feel foggy but didn’t hit my head,” or “My memory’s been off since the crash.” These seemingly minor complaints could be signs of a mild TBI.
Why Early Diagnosis Is Crucial
Getting diagnosed early is essential not just for your health, but for any future legal or insurance claim. Unfortunately, many TBIs—especially mild ones—don’t show up on standard imaging like CT scans or MRIs.
Seek Specialized Medical Care
If you suspect a brain injury, follow up with a neurologist or a brain injury specialist. Additional cognitive testing, psychological assessments, and diagnostic imaging may reveal subtle injuries that ER doctors miss.
Documentation from these visits can serve as crucial evidence when filing a legal claim or dealing with insurance.
Your Legal Rights After a TBI
If another party’s negligence caused your accident, you have the right to pursue a legal claim. A traumatic brain injury lawsuit is a formal request for compensation based on damages suffered due to your injury.
What Can You Be Compensated For?
You may be entitled to financial recovery for:
- Emergency room visits and hospital bills
- Follow-up neurological evaluations and therapy
- Lost income and diminished earning capacity
- Pain, suffering, and emotional distress
- Long-term or permanent disability accommodations
In cases of severe brain damage, compensation may include in-home care, assistive devices, and even home modifications.
Average Settlements for Brain Injury Cases
Settlements for TBIs vary widely based on injury severity, impact on daily life, and strength of evidence.
General Compensation Ranges
- Mild TBI (e.g., concussions): $20,000 to $100,000
- Moderate to severe TBI: $100,000 to over $1 million
- Permanent cognitive disability cases: Often exceed $1 million
While these are estimates, your case could fall outside these ranges depending on circumstances, insurance coverage, and the quality of legal representation.
How to Prove a TBI in a Legal Case
One of the hardest parts of a TBI claim is proving the brain injury and its long-term effects. Unlike broken bones, TBIs are often invisible on X-rays and scans, requiring more comprehensive evidence.
Evidence That Strengthens Your Case
- To build a strong case, gather:
- Medical records from all treating providers
- Reports from neurologists and cognitive therapists
- Personal journals documenting daily symptoms
- Testimony from family or coworkers noting changes in behavior or ability
- Employer documentation showing reduced work capacity or job loss
Your attorney may also call in expert witnesses, such as neuropsychologists or rehabilitation specialists, to testify on your behalf.
Handling Insurance Denials
Insurance companies often deny TBI claims, particularly when the injury isn’t visible or immediately diagnosed. They may argue that the symptoms are unrelated to the accident or that the injury is not severe enough to warrant compensation.
What to Do If Your Claim Is Denied
If your insurance provider denies your brain injury claim:
- Request the denial reason in writing
- Gather supporting documentation and expert opinions
- Avoid giving further recorded statements without legal advice
- Contact a TBI attorney immediately to appeal or file suit
Don’t accept a lowball settlement or a rejection—especially when your life and livelihood are on the line.
What To Do Immediately After a Car Accident
Taking the right steps after an accident can make a major difference in both your recovery and your legal claim.
Step-by-Step Checklist
- Seek immediate medical evaluation, even if you feel fine.
- Document your symptoms from day one.
- Take photographs of the accident scene, vehicle, and visible injuries.
- File a police report and request a copy.
- Avoid speaking in detail to insurance adjusters.
- Follow up with a neurologist or brain injury specialist.
- Contact an experienced personal injury attorney.
Keeping detailed records and timelines will be essential in demonstrating the extent and cause of your injury.
Key Takeaways
- TBIs are a common but often overlooked consequence of car accidents.
- Symptoms may not appear right away and can affect your brain, emotions, and daily functioning.
- A proper medical diagnosis and expert legal support are crucial to a successful claim.
- Insurance companies often resist paying out for invisible injuries—persistence and documentation are key.
- You have the right to pursue compensation for all current and future damages resulting from a brain injury.
Frequently Asked Questions (FAQ)
How do I know if I have a traumatic brain injury after a car accident?
Many people don’t realize they have a brain injury immediately after an accident. Common signs include persistent headaches, memory problems, difficulty concentrating, dizziness, and changes in mood or sleep patterns. Even if you didn’t hit your head directly, the force of a collision can cause your brain to move inside your skull, resulting in injury. If you experience any of these symptoms, it’s important to seek medical attention promptly for a professional evaluation.
Can I still file a claim if symptoms appear days or weeks after the crash?
Yes, it is entirely possible—and common—for symptoms of a traumatic brain injury to appear well after the initial accident. These are referred to as delayed symptoms. As long as there is medical documentation linking your symptoms to the crash, and you seek timely follow-up care, you can still pursue a legal claim. It’s essential to track your symptoms and consult a medical professional as soon as they begin to emerge.
Do I need a lawyer to file a claim for a brain injury?
While it is not legally required to have a lawyer, it is highly recommended. Traumatic brain injury claims can be complex and often require expert medical opinions, detailed documentation, and negotiation with insurance companies that may attempt to downplay your condition. An experienced personal injury attorney can help you build a strong case, gather necessary evidence, and fight for the full compensation you deserve.
What kind of compensation can I receive for a TBI from a car accident?
Compensation may include reimbursement for medical bills, costs of therapy and rehabilitation, lost wages, diminished earning capacity, and pain and suffering. In more severe cases, it may also cover the cost of in-home care, home modifications, assistive devices, and ongoing psychological support. Every case is different, and the amount you receive depends on the severity of your injury and its impact on your life.
What if the insurance company denies my brain injury claim?
Insurance companies often deny claims, particularly those involving brain injuries that aren’t visible or easily measurable. If your claim is denied, you have the right to appeal or take legal action. Having detailed medical records, a documented symptom history, and legal representation greatly improves your chances of a successful outcome. A personal injury lawyer can handle communications with the insurer and push back against unjustified denials.
Contact Lawlor, White & Murphey Today
If you believe you or a loved one has suffered a traumatic brain injury after a car crash, don’t wait to act. Time matters—both for your health and for your case. An experienced personal injury attorney specializing in TBI claims can help you gather evidence, file a claim, and secure the compensation you deserve.
Consultations are often free, and a qualified attorney can walk you through your options without obligation. Protect your future and hold negligent drivers accountable.
Take the first step today—contact Lawlor, White & Murphey today to schedule your free consultation.