Car Accident Head Injury Settlements

4 min read time

Car accidents can be terrifying experiences. When multiple tons of plastic, glass, and metal collide with a roughly equal weight of plastic, glass, and metal, unpleasant things often happen, such as head injuries.

When you suffer a head injury in a car accident, you will likely face years of medical bills, possibly a lifetime’s worth. You shouldn’t pay for those medical bills out of your pocket. You deserve compensation from an insurance company for the medical treatment you need.

The best way to get that compensation is to hire a Morgan & Morgan attorney that handles car accident head injury settlements. We will fight fiercely to get you the money that you deserve after suffering a head injury. If you suffered a head injury in a car accident, contact us immediately to schedule a free case evaluation.

Signs of a Head Injury

Head injuries aren’t always obvious. If you split your skull, you will be certain you suffered a head injury because of the bleeding. But if there is no blood, you might not realize that something struck your head during the car accident.

Car accidents are usually quite chaotic, and you are thrown around in many directions during a serious accident. It is easy for your head to collide with something in the car without you even realizing it. After a car accident, you should look for these signs that you suffered a head injury:

  • Bleeding from your ears or nose
  • Blurred or double vision
  • Dilated pupils
  • Lost time or a loss of consciousness
  • Dizziness, wooziness, or trouble walking
  • Bruising or tenderness on your head
  • Weakness on one side of the body

If you have suffered a head injury, usually your brain has struck the inside of your skull. While this damage isn’t visible, this type of brain injury can have catastrophic effects. By identifying signs of brain injury early, you can get treatment early, giving you the highest chances of recovery.

Long-Term Signs of a Head Injury

Sometimes the signs of a head injury won’t show up immediately. However, you may detect signs over the next few days or weeks later that suggest you suffered a head injury in the past. After any serious car accident, if you detect any of the following symptoms, call a doctor immediately:

  • Difficulty sleeping
  • Difficulty staying awake or constantly feeling tired
  • Unexplained head pain, especially if it is severe
  • Difficulty concentrating
  • Nausea, whether it leads to vomiting or not
  • Seizures
  • Sudden poor memory
  • Impaired vision
  • Irritability
  • Balance issues

Long-term signs of a head injury are often more subtle than immediate signs but can be just as worrisome.

Also, since head injuries can take days or weeks to become apparent, it is important that you don’t accept any car accident head injury settlements until you fully understand the nature of your head injury and what type of medical treatment it will require. A Morgan and Morgan attorney will ensure you don’t agree to less money than you need.

Dealing With the Insurance Company

After you suffer a head injury in a car accident, one or more insurance companies will be responsible for compensating for your expenses and losses. How you deal with the insurance company will greatly affect how much compensation you receive.

Filing Your Claim

Your first interaction with the insurance company will be when you file your claim. If possible, you should do this while you are still at the accident scene. The sooner you file your claim, the sooner you will get compensation from the insurance company.

Also, your memory of the accident will be most fresh while you are at the scene. This makes it easier for you to provide critical details like where the accident happened or the color, make, and model of all vehicles involved.

If possible, you should also take pictures of the accident scene and provide them to the insurance company when you file your claim. Most insurance companies allow you to start a claim using a phone app, so this is relatively easy.

Finally, if possible, speak to an attorney before you start your claim. There is some information you shouldn’t provide to the insurance company. A car accident lawyer will help ensure you don’t share the wrong information.

Insurance Company Determines Whether to Approve or Deny Your Claim

Even if you haven’t contacted an attorney before filing your claim, you should get representation before this step. Your claim is much less likely to be denied if you are represented by a car accident lawyer.

During this step of the process, the insurance company will investigate your claim. Your Morgan & Morgan car accident attorney will also independently investigate the accident. Unlike the insurance company, the car accident lawyer is specifically looking for evidence that supports your claim. Your attorney will provide this evidence to the insurance company.

Typically, the investigation will take a few days to a few weeks, depending on how complicated the accident was. Most insurance companies are looking for any excuse to deny your claim. By letting your attorney take the lead in communications with the insurance company, your claim is likely to be approved.

Car Accident Head Injury Settlements

Typically, if you don’t have an attorney representing you, the insurance company will make a settlement offer after your claim is approved. Unfortunately, very often, this offer undervalues the compensation you should receive. And there is a good chance you won’t realize you are being fleeced.

However, if you have a car accident lawyer representing you, this step of the process goes differently. Armed with a mountain of evidence and experience, your attorney will negotiate for fair compensation.

Morgan and Morgan's attorneys have decades of experience negotiating for car accident head injury settlements. We can accurately estimate your expenses and losses. And we won’t settle for less than you need. If the insurance company refuses to agree to a fair offer, we are prepared to go to court and win you that money at trial.

Long-term Financial Effects of a Head Injury

The main reason that car accident head injury settlements end up being too low is that they don’t take into account the years or decades of problems that some head injuries can cause.

When you suffer any type of traumatic brain injury, you will likely need years of physical therapy and occupational therapy to return to the state you were in before the accident. This type of therapy is expensive, and you have to go to multiple sessions a week to benefit from it. If you are under-compensated, you likely won’t be able to afford it.

Additionally, most people are unable to work for many years after a traumatic brain injury. That loss of income has to be compensated. If an insurance company isn’t accurately determining how long you will require treatment, the company is probably underestimating how long you will be unable to work.

Finally, many people who suffer serious head injuries require specific accommodations to deal with the injuries. You may need mobility devices added to your home, in-home care, or other costly accommodations.

The insurance company is unlikely to compensate you for these accommodations unless you have already started paying for them or unless a doctor can document their need. If you accept an early settlement before your condition is fully documented, you could find yourself shorted thousands of dollars over the years.

 

If My Claim Is Denied, What Do I Do?

If your claim is denied, you have two options. First, you can appeal. Your car accident attorney is familiar with the appeals process and can guide you through it, increasing the chances that the insurance company will reverse the original decision.

Alternatively, you have the right to file a lawsuit. If you go this route, you will usually have to wait a year or more for a verdict. However, sometimes it is the only way to get what you deserve. Your car accident lawyer will help you make this decision.

Typically, you should appeal after being denied. Appealing doesn’t prevent you from filing a lawsuit if you are still denied again. And since many denials are for procedural reasons, there is a good chance your attorney can correct the mistakes that resulted in the original denial.

 

Can I Sue if I Don’t Agree With the Settlement Offer the Insurance Company Made?

Yes. Just because the insurance company approved your claim and offered you money, you aren’t required to accept that offer. You can negotiate for more (or, better yet, let your attorney negotiate for you). But regardless of whether you negotiated or not, you can take legal action if you believe the compensation offered is inadequate.

 

How Much Money Will I Get for a Head Injury?

That depends on how badly you were injured in the car accident. Most serious head injuries result in tens or hundreds of thousands of dollars of compensation once medical bills, lost wages, and other expenses are taken into account. A lifelong injury can easily net your one million dollars or more.

 

Should I Get Medical Treatment From a Doctor Recommended by the Insurance Company?

Typically, doctors that are recommended by the insurance company are more likely to underestimate the extent of your injuries than other doctors. Instead of consulting with an insurance-recommended doctor, you should find a trustworthy doctor that specializes in the type of injury you suffered.

Your Morgan & Morgan lawyer is familiar with the doctors in your area and can recommend a doctor that will treat you fairly. You aren’t required to take our advice, but we are happy to provide it if you need help.

 

A Car Accident Lawyer That Cares About You

The ugly truth about car insurance companies is that they do not care about you as you may think. All they mostly care about is their bottom line. When you require compensation after a car accident, you are harming their profits, and they will do anything to pay you as little money as possible.

This is why you need an experienced attorney that cares about you. The insurance company has an army of lawyers fighting against you. You need to be represented by an equally committed army of attorneys.

Morgan and Morgan have over 1,000 caring attorneys nationwide. We will fight to get you the most compensation that the law allows and will fight against greedy insurance companies when they deny you money. Contact us today for a free case evaluation if you have suffered a head injury in a car accident.

Disclaimer
This website is meant for general information and not legal advice.

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