What Should You Do if You Suffer a Concussion From a Car Accident?
Car accidents are amongst the most common causes of injuries and fatalities worldwide. Victims involved in such accidents suffer from various injuries. One such damage is concussions, which are mild traumatic brain injuries. These occur due to a violent blow to the head. Most concussions do not have any permanent consequences, but temporary symptoms like headaches, dizziness, loss of ability to concentrate or rationalize, etc., can cause immense pain and discomfort.
Suppose you have been a car accident victim and suffered a concussion. In that case, you can consult a jersey city personal injury lawyer to learn more about how you can claim compensation for the damage you have suffered.
Can you claim damages if you suffer a concussion?
If you are a victim of an auto accident that occurred due to your fault and suffer a concussion, you can file a personal injury case to claim compensation for the injuries. The most significant thing to remember is that proof of medical injury is the primary criteria for claiming damages.
Unless your physician can medically verify and state that you have suffered a concussion directly from the accident, you will not be eligible to claim damages. Some victims suffer post-concussion syndrome, where symptoms can last for weeks or months. The same symptoms include headaches, insomnia, anxiety, sensitivity to light or noise, and fatigue.
It is essential to be aware of such symptoms after you get into an accident. This is because there is no single medical examination to diagnose concussions directly. The doctor evaluates signs and symptoms to determine that a concussion has occurred. Once the accident is established as the cause of your concussion, you can claim two types of damages:
- Compensatory damage
These damages cover medical bills, property damage, and other losses you may have suffered in an accident. It is important to remember to calculate your compensatory damages in a way that incorporates any long-term consequences such as post-concussion syndrome. Damages provided to address psychological pain and stress are also a part of this category and are specifically called general compensatory damages.
- Punitive damage
These damages cover further compensation for the victim and as a form of penalty for the other party who caused the accident. The driver’s actions and intent must be considered when punitive damages are calculated. If it can be proved that they had malicious intent, then your compensation can become higher.
If you have been a car accident victim and have suffered a concussion due to another’s fault, you should consult an attorney at the earliest to understand how you can claim compensation. Many people recover from a concussion very soon. This does not mean that you cannot claim damages if you have made a recovery. If you seek legal help at the earliest, it will help make your case stronger.
