If you or a loved one has suffered a concussion in a car crash, you might be wondering what kind of settlement you can expect. Understanding the average settlement for concussion in a car accident case can be crucial as you navigate the aftermath of the wreck and seek compensation for your injuries.
This blog post explores the average concussion settlement amount and what factors can influence the final settlement value. In general, serious brain injuries result in higher settlements than mild concussions.
At McDougall Law Firm, LLC, our experienced Beaufort car accident attorneys are dedicated to helping clients receive the justice and financial relief they deserve. Contact us today for a free consultation.
Average Settlement for Concussion Car Accident Cases
The average settlement for concussion in a car accident case can be well over $100,000, but it can also reach into the millions depending on the severity and impact of the injury.
Concussion settlements can range from $20,000 to $80,000 for mild traumatic brain injuries, with more severe cases potentially exceeding $125,000. Some cases with significant complications or long-term effects can result in settlements as high as $3 million.
Factors Influencing Concussion Settlement Value
The settlement amounts for concussion car accident claims in South Carolina can vary widely, ranging from tens of thousands to millions of dollars. This variation is due to the unique circumstances of each case and the multitude of factors that influence car accident settlement values.
Severity of the Head Injury
Mild concussions result in lower medical bills and a quicker recovery period, leading to a lower average settlement payout. Conversely, serious concussion injuries can lead to long-term health issues such as chronic headaches, cognitive impairments, and emotional disturbances, necessitating extensive medical treatment and rehabilitation.
The more severe the head injury and the longer the recovery period, the higher the compensation required to cover medical bills, ongoing care, and any future medical needs.
Long-Term Impact
Severe concussions can result in long-term consequences, such as post-concussion syndrome or even permanent brain damage. The average settlement amount for brain injury cases involving permanent disability can reach into the millions.
Lost Wages and Earning Capacity
The settlement value should account for lost wages from missing work during your recovery and the injury’s impact on your ability to earn money going forward. Lost future income is a major factor in a settlement if you are permanently disabled because of a traumatic brain injury.
Pain and Suffering
Pain and suffering damages account for the physical discomfort, emotional distress, and reduced quality of life. Calculating pain and suffering can be subjective, but it generally correlates with the impact on the victim’s daily life and overall well-being.
If You Share Fault for the Accident
South Carolina follows a modified comparative negligence rule, which affects settlement amounts in car crash cases. Under this rule, a car accident victim’s compensation can be reduced if they are found to be partially at fault for the accident.
For instance, if the victim is determined to be 30% responsible for the accident, their settlement amount will be reduced by 30%. If the victim is found to be more than 50% at fault, they may be barred from receiving any compensation.
Insurance Coverage
The defendant’s insurance coverage limits play a crucial role in determining the maximum possible car accident settlement. South Carolina requires minimum liability coverage of $25,000 per person and $50,000 per accident. These minimums may not fully cover the expenses associated with a severe concussion.
In cases where the at-fault driver carries higher insurance policy limits, there is more potential for a larger settlement that can adequately cover medical bills, lost wages, and other damages.
Hiring a Personal Injury Lawyer
Accident victims who hire experienced personal injury attorneys receive higher settlement amounts than those who represent themselves.
Attorneys specializing in car accidents understand insurance company tactics and can advocate for fair compensation. They can gather evidence, work with medical experts to substantiate the severity of the concussion, and calculate a reasonable car accident settlement amount.
Effective legal representation ensures that all aspects of your suffering and financial losses are considered, including future medical expenses, psychological trauma, and more.
A Concussion is a Traumatic Brain Injury
A concussion is a type of traumatic brain injury (TBI) caused by a sudden jolt or blow to the head or by the brain rapidly moving back and forth within the skull.
During a car accident, a sudden stop can cause the head to snap forward and backward violently. This rapid acceleration and deceleration can force the brain to collide with the inner walls of the skull, leading to a concussion. Rapid movement can sometimes stretch and damage brain cells.
Blunt force trauma from your head hitting the steering wheel, the dashboard, or even the side window in a car crash can also cause a concussion.
Symptoms of a concussion can include:
- Headache or a feeling of pressure in the head
- Temporary loss of consciousness
- Mental confusion
- Dizziness or “seeing stars”
- Ringing in the ears
- Nausea or vomiting
- Blurry vision
- Fatigue or drowsiness
While a concussion is often considered a mild traumatic brain injury, it can still significantly impact brain function and requires immediate medical attention. Repeated concussions or particularly severe ones can lead to long-term cognitive issues and other complications.
It is important to seek medical care right away after a car wreck, even if you feel fine. Symptoms of head injuries may appear or worsen in the days following a car accident.
A physical examination and imaging tests such as MRI can identify any head injuries.
What Is Post-Concussion Syndrome?
Post-concussion syndrome (PCS) is a complex disorder in which various symptoms, such as headaches and dizziness, persist for weeks, months, or even a year or more after the initial concussion. Symptoms include persistent headaches, fatigue, sleep disturbances, difficulty concentrating, memory problems, mood swings, and sensitivity to light and noise.
Post-concussion syndrome symptoms can interfere with your ability to work, especially in jobs requiring cognitive function and concentration. PCS can also affect personal relationships, as mood swings and personality changes can strain interactions with family and friends. The ongoing physical discomfort and cognitive challenges may lead to emotional distress, anxiety, and depression.
If you suffer from post-concussion syndrome after a car accident, a personal injury lawyer can help you seek compensation.
Post-Concussion Syndrome Settlement
There is no single definitive average post-concussion syndrome settlement in car accident cases. As with other head injuries from car accidents, the settlement amount depends on many factors. You should talk to a personal injury attorney to understand what your case could be worth.
Contact Our Beaufort Car Accident Lawyers Today
If you have been hurt in an auto accident caused by someone else’s negligence, you deserve compensation for your medical expenses, lost income, and suffering. Our Beaufort car accident attorneys at McDougall Law Firm, LLC are dedicated to securing the maximum compensation for clients.
We understand the devastating impact that concussions and other brain injuries can have on your life and we are here to help you get justice. Contact us today for a free consultation!
