Compensation for car accident concussions in Houston is an important consideration for victims. A concussion can be extremely serious. The victim has a right to compensation for injuries, even if they aren’t visible.
Our car accident attorneys believe you should not have to pay for an injury caused by someone else. When you suffer a concussion and other injuries in a car accident, our lawyers can help you pursue justice. Here is what you need to know about getting compensation for car accident concussions in Houston.
What Is a Concussion?
A concussion is a shaking of the brain. A sudden blow or the body moving at high speed can cause the brain to shake. This unnatural movement of the brain can disrupt normal function and damage brain cells.
(Source: CDC, What Is a Concussion?)
What Are the Degrees of Car Accident Concussions?
The degrees of concussion are:
Grade 1 – Mild. The victim doesn’t lose consciousness, and symptoms are brief.
Grade 2 – Moderate. Symptoms are more present. The victim doesn’t lose consciousness, but symptoms last more than 15 minutes.
Grade 3 – Severe. The victim loses consciousness for any period of time. It may be for a few seconds or for a longer period.
Concussions vary in severity. They are all serious, but they vary in terms of damage and the interruption of normal brain function.
In all cases, a victim should seek immediate medical attention. Activity should cease until the body heals. Rest and time away from screens are recommended. Over-the-counter medication may be used. For severe cases, more intensive monitoring and hospitalization may be required.
(Source: Concussion, Mayo Clinic)
Can all car accident concussions be compensated?
A concussion is a physical injury. If you have a concussion from a car accident that is serious enough to seek medical attention, you may claim compensation for it. You must have the right to claim compensation based on car accident liability laws. What that means is that Texas laws will determine what damages are available to you for an injury that was caused by the negligence of another person.
How do you prove a car accident concussion?
Your doctor can conduct a series of tests to prove and document your concussion. They may perform cognitive tests, including verbal tests, reaction time, visual memory, and brain processing speed. They may also conduct MRI and CT scans.
With this evidence, your doctor can prove that you had a concussion, its severity, and the implications for the future.
Admitting Evidence of Concussion in a Houston Car Accident Case
Texas court rules require specific procedures to admit medical evidence. Texas Rules of Evidence 702 states that a qualified expert may testify if their knowledge will help the trier of fact understand or decide the facts of the case. Texas Rules of Evidence 701-706 create guidelines for presenting this evidence.
Expert medical testimony should always be prepared and presented in a car accident claim involving a concussion. The victim may testify to their physical symptoms and how the concussion impacted their lives. Others may testify that the victim lost consciousness in the accident.
While the legal requirements can be confusing, it is important to understand that a concussion or Traumatic Brain Injury (“TBI”) will require expert evaluation and potentially testimony. Specialized imaging may be required to correctly diagnose an injury that other more common brain studies might miss. The lawyers at Haun Mena are experienced in evaluating concussion injuries and can help walk you through the medical and legal requirements for recovering for this kind of injury.
Settlement for Concussion in a Car Accident
Concussion victims want to know what to expect regarding a settlement for a concussion accident.
Determining a settlement for a concussion begins with identifying the damages that you have from the concussion. Damages from a concussion come in several different ways. Medical bills are an important aspect, but they are only one factor.
Here are the factors that play a role in car accident concussion compensation in Houston:
Current medical bills: At the core of any car accident concussion settlement is the cost of medical treatment. Medical bills for your initial care are the foundation of any compensation claim. Costs may include examination as well as treatment.
Cost of future medical treatment: For cases of severe concussion, treatment may take significant time and healthcare. The cost of this treatment may be included even if it continues after the legal claim is complete. Our experienced lawyers can help you value the cost of future medical treatment.
Lost wages and income: A moderate or severe concussion has likely impacted the victim’s ability to work. Short-term lost income and long-term damaged career paths are damages that result from a concussion.
Personal care needs: Victims of concussions often need personal care. They may require hospitalization or help at home. These personal care needs can be accounted for in a car accident concussion compensation claim.
Damage to lifestyle: Concussion interferes with brain function and everyday life. When post-concussion syndrome languishes, a victim may be significantly distressed. The pain and confusion they endure may prevent them from living their life normally. Damage to lifestyle can be represented in compensation in a car accident concussion case.
Pain, suffering, and emotional anguish: Pain, suffering, and emotional distress may be compensated in proportion to the relative severity of the concussion. Medical evidence can establish the degree of pain, suffering, and emotional anguish associated with symptoms and the appropriate level of compensation. When a victim has post-concussion syndrome that lasts for years into the future, they may claim more than in the case of a mild concussion that heals in a few days.
Clarity of legal fault/Shared fault: A person is responsible for paying car accident compensation if they are legally at fault for causing the accident. Often, fault is apparent. Other times, it may not be as obvious. Fault may even be shared among parties. The strength of the case for legal fault may impact the amount of compensation.
Causation between the accident and the injury: To be compensated, the concussion must be the result of the accident. Evidence to prove causation must be presented. This is why it is crucial to get immediate care following the accident. Medical professionals can speak to causation and document that the victim’s injuries result from the car accident.
Sources: Belvins v. State Farm Mut. Auto. Ins. Co., No. 02-17-00276-CV (Tex. App. 2018); State Office of Risk Management v. Carolyn Larkins, No. 10-06-00338-CV (258 S.W.3d 686, 2008).
Attorneys for Concussion Car Accident Compensation
If you suffer a concussion in a car accident, you can be compensated. However, there are many steps to proving your case and the amount you deserve. Our attorneys at Haun Mena represent car accident victims in claims involving concussions. See what your case may be worth and how we provide representation. Call us today.