When you get a concussion from a car accident, you could suffer severe brain injury symptoms like headaches, memory loss, and emotional instability.
This can disrupt your daily life and lead to long-term complications.
That’s why a concussion injury can significantly increase the value of a car accident settlement to around $85,000 on average (depending on the severity).
But remember that YOUR settlement amount can be very different since each case is unique. If you’d like advice tailored to your situation, schedule a free consultation with the experienced attorneys at No Bull Law today.
Let’s explore average car accident settlement amounts and key factors affecting payouts to help you better estimate how much you could claim. We’ll also go over steps to take after your accident to maximize the payout for your claim and get what you really deserve.
As mentioned, the average settlement amount for driving accidents involving concussions is around $85,000. However, depending on the severity and many other factors, your settlement value could be higher or lower.
Mild to moderate concussions typically settle in the range of $20,000 to $100,000, while severe concussions can settle for over $100,000, or even a few million.
As you can see, this is quite a range. That’s because many factors go into deciding your injury settlement value.
Your lawyer will negotiate your settlement offer with the insurance adjusters based on the factors we’ll cover below.
Your lawyer should carefully examine each of these, but they can also give you a ballpark idea of whether you can expect a higher or lower settlement.
1. Injury Severity
If you suffer a severe injury from a car accident, you may face a long recovery time, significant income loss, and emotional distress. That’s why severe injury settlements are often higher than for mild or moderate injuries.
For concussions, if either of these brain injury conditions is present, your settlement value may increase:
- Post-concussion Syndrome: This is when concussion symptoms persist beyond the normal recovery time (two weeks to a month), sometimes for months or over a year.
- Traumatic Brain Injury (TBI): All concussions are classed as a type of mild traumatic brain injury. However, severe TBIs can have long-term or even permanent impacts on brain function.
When you hire a personal injury lawyer, they will advise you on what medical assessments and records you need to support your claim. They can also clarify how you’ll recover the costs to ease your financial stress around getting treatment.
2. Types of Damages
When it comes to auto accident settlements, medical expenses are just one aspect. Three main types of damages can make up your claim as the accident victim:
- Economic Damages: These include financial costs like medical bills, property damage, loss of income, loss of earning capacity, and legal fees.
- Non-economic Damages: In brain injury cases, you may seek compensation for pain and suffering, emotional distress, loss of quality of life, disability, and loss of consortium, which are assigned monetary value based on severity.
- Punitive Damages: This is a kind of additional compensation you can win in court if the at-fault party acted with reckless negligence or malice.
Obviously, it would be overwhelming to calculate this alone or determine whether you haven’t left anything off the final claim.
But don’t worry. When you work with a personal injury lawyer, they can make sure you cover all your bases, and nothing is forgotten. They’ll help you make a more accurate claim and make sure you get fully compensated.
(This is part of why you can usually expect a much higher payout with a lawyer on your side, but more on that later.)
3. Insurance Coverage
The at-fault driver’s insurance policy limit caps the amount the insurance company will pay. For example, if their policy covers a maximum of $30,000 per person, an accident victim can’t receive more than that from insurance.
There are other ways to get compensation, though, and a lawyer will be able to explain your options. For example, you may need to file a lawsuit against the driver or another third party.
4. Liability
Texas law uses a comparative negligence framework, meaning your injury settlement can be reduced if you're found partially at fault. For instance, if the adjuster argues you were 20% at fault, they can reduce your settlement offer by 20% of the damages.
However, a lawyer can help you dispute wrongful fault claims against you, prepare arguments and evidence to prove your innocence and readjust your offer.
5. Legal Representation
A study by the Insurance Research Council shows that the average car accident settlement is 3 to 3.5 times higher if an experienced personal injury attorney handles them.
We’ve shown you a few examples of how a personal injury lawyer can help you every step of the way to secure the best outcome.
They can protect you against attempts from insurance adjusters to lowball your settlement, make sure you meet every deadline, help you gather evidence, etc.
If you want expert support for your concussion settlement, you can reach out to No Bull Law for a free personal injury case evaluation.
Our lawyers will do their utmost to maximize your concussion settlement, but you can also help us do so by taking all the necessary precautions after your car crash.
You should do or avoid doing several things right after your car crash, as they could compromise your car accident settlement.
You should:
- Seek immediate medical care and follow all advice to prevent insurers from disputing your injury.
- Gather evidence and records of the accident, property damage, and your medical treatments to support your claim.
- Contact a personal injury law firm for help gathering evidence, submitting claims on time, and providing expert guidance.
- Expect lowball insurance settlement offers, and work with a personal injury attorney to negotiate for fair compensation.
- File a lawsuit if you can’t reach a fair settlement through insurance. Your accident lawyer will represent you in court.
- Pay careful attention to filing deadlines. You typically have up to two years to file a lawsuit.
- Avoid sharing accident details on social media.
Every precaution you take can help strengthen your case, so you can get the maximum amount from your settlement.
This is all the more reason to hire the best Texas law firm to take your case by the horns and ensure that it’s handled with care.
How No Bull Law Can Help You Get Maximum Compensation for a Concussion Settlement
No Bull Law is a team of experienced, dedicated, and trustworthy attorneys who have successfully handled several car accident and personal injury cases. We provide the tailored assistance you need to get a fair settlement.
Here’s how it works:
- You contact us for a free case consultation (also available in Spanish).
- We carefully review your claim and evidence.
- If we take your personal injury case, we’ll fight tirelessly for the compensation you deserve.
The best part?
You don’t pay unless we win. If we can’t reach a settlement or verdict in your favor, you don’t owe us a dime. Instead of an upfront payment, we take a percentage (usually 33 to 40%) of your final settlement amount. But our clients generally get a much higher payout after the deduction than you would get without hiring a lawyer.
Now, let’s wrap up by discussing a few common concerns people have when facing a concussion injury settlement after a car crash.
FAQs About Texas Car Accident Concussion Settlements
Concussion settlements after an auto accident can be overwhelming, especially with so many factors at play. To help you better understand the process, we’ve addressed key questions that often arise in these brain injury cases:
1. How Do Car Accident Settlements with Concussion Differ for Minors?
Personal injury settlements for minors with concussions involve unique considerations, such as:
- Texas courts often require minor settlement hearings to ensure fairness and protect the child’s interests.
- Compensation may account for long-term ramifications, as head injuries affecting a developing brain can have serious, lasting effects on a child’s health and future.
- Settlement funds are divided, with a portion for immediate expenses and the rest placed in a trust or annuity.
Given the complexity of these cases, hiring an experienced personal injury lawyer is crucial.
2. What Happens to Your Claim if Your Concussion Symptoms Worsen?
Understanding the full extent of head injury symptoms immediately after an accident can be challenging.
Once a claim is settled, reopening it is near impossible, even if symptoms worsen later.
That’s why brain injury victims must take their time with claims. Gather detailed medical evidence and avoid rushing into a settlement.
Additionally, working with an experienced car accident lawyer ensures your claim considers the potential long-term effects of your concussion.
No Bull Law: Ensuring Justice for Concussion Victims
When you suffer a concussion from a car accident, it can impact your well-being — physically, emotionally, and financially.
And the process for getting your personal injury settlement can only add to your stress, making it that much harder to heal.
That’s why having skilled legal representation by your side is so important. A knowledgeable attorney can handle the complexities of your case, from assessing your damages to negotiating with insurance companies. They protect your rights and fight for justice while you focus on your health.
An experienced attorney like No Bull Law can help you sail through the intricacies of your claim, ensure all damages are accounted for, and fight for the maximum settlement you deserve.
