Concussions are serious injuries, and they’re common in car accidents. In 2017, car crashes were behind nearly 25% of all US hospitalizations from concussions and other traumatic brain injuries (TBIs). A total of 54,725 people were hospitalized with car accident-related TBIs that year.
There is some good news for Washington state residents who suffer concussions in auto accidents. You may be eligible for a financial settlement for your injury. But what is the average settlement for concussion in a car accident? That’s the question we answer in this post. To learn more, read on or contact the experienced personal injury lawyers at Will & Will.
Concussion Injury Defined
We can’t begin to discuss the average settlement for concussion without first explaining what a concussion is. A concussion is a TBI caused by a blow to the head. Any type of force can cause the brain to move forcefully inside the skull, resulting in a concussion.
Some concussions cause victims to lose consciousness, but most are subtle. Concussion symptoms include headaches, nausea, vomiting, fatigue, confusion, dizziness, ringing in the ears, and blurry vision. Most recover from concussions after some time, but severe TBIs can have long-lasting effects, including brain damage.
Can You Sue for a Concussion in Washington State?
Yes. Under the Revised Code of Washington, Section 4.22.900, you can sue for any injury as long as another party holds some of the blame for what happened. If, for example, you are seeking a post-concussion syndrome car accident settlement, you would have to prove three things to sue successfully:
- You suffered a concussion.
- The concussion was a result of someone else’s negligence in your car accident.
- You suffered damages because of your concussion.
How to Prove That You Have a Concussion
Mild traumatic brain injury settlements are available for concussion victims. But you have to prove that you actually have a concussion. How do you do that? By going to the doctor.
You need to see a doctor and have your injury documented as soon as possible after your car accident. This is for two reasons. First, any brain injury can be deadly, so you need to get checked. Second, your doctor will create a medical record of your concussion, and you can point to that record as proof when you sue.
Legal Rights of Car Accident Concussion Victims
As a victim of a concussion in a car accident, you have rights if your injury was the result of someone else’s negligence. Your rights include the following:
- The right to the average settlement for a concussion in a car accident similar to yours. The actual amount will depend on the details of your case.
- The right to full compensation for every way that your concussion and car accident have harmed your life.
- The right to sue the at-fault party or insurance company if they won’t offer a fair settlement.
Factors that Influence Average Settlements for Car Accident Concussions
The post-concussion syndrome settlement value for your case will depend on several factors:
- Medical bills. You may be able to recover compensation for every medical bill tied to your concussion. A 2020 study found that concussions result in $800 of immediate healthcare costs on average. But this figure doesn’t account for other injuries or future medical costs tied to your crash.
- Lost income. If your post-car crash concussion caused you to miss wages at work, you shouldn’t have to foot the bill. Your post-concussion syndrome car accident settlement can cover your lost wages.
- Pain and suffering. Head injuries cause a considerable amount of pain, and that’s not to mention the emotional trauma. You can and should get compensation for these damages.
- Your own role in the crash. Under Washington State shared fault laws, your settlement can be reduced if you are partly to blame for your crash. If you are, say, 20 percent to blame, you can only recover 80 percent of the compensation you’re owed.
Filing a Personal Injury Claim
If you’re hoping to receive at least the average settlement for a car accident concussion, you need to file a personal injury claim. Here are some things to keep in mind:
- You only have three years from the crash date to file your claim.
- You may need to file an insurance claim with the at-fault party’s insurer. If the insurer doesn’t give way, you can sue them and the at-fault party.
- You can still sue even if you’re partly at fault for the car crash. However, mild traumatic brain injury settlements can be severely reduced when this is the case.
This process is rather complex, but an experienced lawyer can guide you through the entire process.
Suffered a Concussion from a Car Accident? Contact Will & Will
The average settlement for a concussion from a car accident can be hard to pin down. But hiring a skilled lawyer can help you get the maximum available amount.
At Will & Will, we believe concussion victims deserve more — more help, more fair treatment, and more compensation. That’s what we work hard to give them every day. With our decades of combined legal experience and world-class track record, we help concussion victims like you win when you need it most.
If you need legal help in Washington State, you call Will & Will. Claim your free consultation with our lawyers today. Call 206-209-5585 or contact us online.