8 Signs You Suffered a Concussion from a Car Accident
Posted in: Ohio Personal Injury
KNR Legal Blog
A traumatic brain injury (TBI) affects a person’s ability to use their brain and could permanently alter their quality of life. TBIs are also a frighteningly common cause of death and disability in the United States; according to the CDC, about 60,000 Americans die as a result of a TBI every year.
TBIs are most often caused by falls, motor vehicle crashes, or assault. If you or a loved one received a brain injury due to someone else’s negligence or recklessness, you could file a lawsuit to recover damages for things like your medical bills. Here’s what to expect.
TBIs affect your brain, skull, and spine and can ultimately impact the use of the rest of your body if the injury is severe enough. Brain injuries are classified into a few categories:
Closed brain injuries are non-penetrating and do not cause a break in the skull. They result from a sudden blow or jolt to the head or body that causes the brain to bounce or twist around in the skull, causing bruising (contusions) or tearing of brain tissue. Concussions are the most common closed brain injury.
Penetrating brain injuries occur when an object enters the skull and directly hits the brain and often result from assault with weapons or gunfire.
Primary brain injuries occur at the moment of the initial trauma, such as skull fractures or contusions.
A secondary brain injury is caused by complications from the main injury and can occur hours or days after the trauma. Examples include hemorrhaging, stroke, and cerebral edema (brain swelling).
One of the biggest hurdles in a TBI case is that the brain often looks “normal” on a standard Emergency Room CT scan. CT scans are designed to find life-threatening emergencies like skull fractures or major bleeds, but they often miss “microscopic” axonal shearing or biochemical changes. To secure a fair settlement, your legal team may utilize advanced diagnostic tools such as:
A traumatic brain injury ranges from mild to severe and can vary significantly during recovery. The effects of a mild TBI, such as a concussion, can include fatigue, memory loss, and headaches, but people rarely experience long-term complications.
Moderate or severe TBIs can cause permanent damage to physical and psychological health such as:
People with moderate to severe TBIs face chronic health problems and obstacles to their quality of life; among people alive five years after injury, 57% are moderately or severely disabled.
Because of “Secondary Brain Injuries” (swelling or chemical shifts that happen hours or days later), you may not feel “injured” immediately after a crash. If you or a loved one experience any of the following “red flags” in the days following an accident, seek medical attention immediately:
Documenting these symptoms early is critical for linking the TBI to the accident in a legal claim.
As you might imagine, the cost of treating a brain injury, especially a moderate to a severe one, can be extremely high — between $85,000 to $3 million for total lifetime care, according to an estimate from Next Avenue.
Costs accrue quickly from all the treatment a TBI may require, such as:
You may be unable to work and lose years of wages; you might also suffer emotional damage such as loss of enjoyment of life and pain and suffering.
A traumatic brain injury doesn’t just impact the victim; it alters the lives of their entire support system. When calculating the value of a TBI claim, we look beyond hospital bills to include:
You may have legal recourse to recoup the expenses listed above. If someone else’s negligence caused your injury, you could file a lawsuit to recover damages.
Under the Ohio statute of limitations, you have two years from the date of your injury to file a lawsuit.
The first step to filing an Ohio brain injury lawsuit is to contact an attorney. Your attorney will ask questions about how your brain injury occurred and begin to investigate your case.
Then the following steps will occur:
In discovery, you and the party you filed a suit against will exchange evidence and witness information.
You will also participate in a deposition, which is out-of-court testimony to preserve the story of both sides before trial. The discovery process may take several months to complete.
Most personal injury cases settle before trial. Settlement can happen at any point in the pre-trial phase. If you receive a settlement offer, talk it over with your attorney; you may be able to negotiate for a better settlement.
However, if your case goes to trial, the judge or jury will determine if the defendant is at fault for your brain injury. If they are found to be negligent, they will be ordered to pay damages to you.
Your attorney will attempt to prove the defendant’s negligence and show the extent of your brain injury through evidence such as your medical reports or a doctor’s testimony. A trial can take several days or up to a few weeks.
Yes. Standard CT scans are designed to find life-threatening emergencies like skull fractures or major brain bleeds. They often miss “microscopic” axonal shearing or biochemical changes associated with concussions. Specialized MRIs or evaluations by a neuropsychologist are often needed to provide the medical evidence required for a lawsuit.
Since a jury didn’t know you before the accident, we use “Before and After” witnesses. This involves testimony from friends, family, and coworkers who can describe specific ways your behavior, temperament, and cognitive abilities have changed since the injury. This turns abstract medical data into a human story.
MMI is the point where a doctor believes your condition has stabilized and further recovery is unlikely. In TBI cases, it is vital not to settle your case before reaching MMI. If you settle too early, you may lose out on compensation for permanent disabilities that only become apparent a year or two later.
Insurance companies will try to blame your symptoms on a “pre-existing condition.” However, under the Eggshell Skull Rule, a defendant is liable for the damages they caused, even if you were more susceptible to injury due to a past concussion. In fact, a second injury is often more legally significant because of the cumulative damage to the brain.
We work with vocational experts and economists to calculate your “Lost Earning Capacity.” This isn’t just your current salary; it includes projected raises, promotions, 401(k) contributions, and health insurance benefits you would have earned over the rest of your working life.
Yes. These fall under “non-economic damages.” While they don’t have a specific price tag like a hospital bill, we quantify them by documenting how these symptoms prevent you from participating in hobbies, social events, or even simple conversations with your children.
Filing a brain injury lawsuit while dealing with your injury can be complicated. You deserve to have guidance and a chance at recovering your losses. Whether your brain injury was mild or severe, the Ohio attorneys at Kisling, Nestico & Redick can help you get the compensation you deserve.
For a free, no-obligation consultation, call 1-800-HURT-NOW or contact us online.