If you suffered a concussion in a traffic collision, a Summerville car accident lawyer from Murphy Crantford Meehan, a team with a wealth of experience in handling such cases, can guide you through your legal options. After a concussion, you may face a higher risk of developing more severe brain conditions. While you recover, our team, with our extensive experience in handling such cases, will work to identify those responsible for your injury, hold them accountable, and pursue the compensation you deserve. Call us at (843) 960-3546 for a free consultation.
What is a concussion?
According to the Mayo Clinic, a concussion is a type of mild traumatic brain injury (TBI) caused by a blow to the head (as found in a car accident) or a violent shaking of the head and body (as seen in “shaken baby syndrome”). Concussions are often referred to as mild injuries, but they can still have profound effects because they, by nature, disrupt brain functions.
Symptoms of a concussion may include headache, dizziness, confusion, memory problems, nausea, balance issues, and sensitivity to light or sound. Some individuals may also experience changes in mood, such as irritability or anxiety. These symptoms can appear immediately after the injury or develop over several hours.
In most cases, concussion symptoms improve with rest and time, but for some, the effects can be long-lasting. Long-term effects of a concussion, which can be severe and life-altering, may include persistent headaches, difficulty concentrating, memory problems, and emotional instability. Multiple concussions over time can increase the risk of chronic traumatic encephalopathy (CTE), a progressive brain condition associated with cognitive decline, memory loss, and mood changes, and often found in professional athletes like football players, basketball players, and hockey players.
How can a car accident cause a concussion?
Car accidents often involve rapid deceleration or abrupt force. When an object strikes a vehicle, the occupant’s head may strike a hard surface, such as the steering wheel, dashboard, or window, causing direct trauma. Even without a direct hit, the force of the impact can cause the head to snap forward and backward (whiplash), resulting in the brain striking the inner walls of the skull. According to the Centers for Disease Control and Prevention (CDC), the stretching or damaging of the brain tissue is what leads to the concussion.
The severity of the crash and factors like speed, angle of impact, and whether the victim was wearing a seatbelt can influence the likelihood of a concussion. Studies from the National Institute of Neurological Disorders and Stroke (NINDS) highlight that even low-speed accidents can cause significant brain injuries.
What will happen if I don’t get immediate treatment for a concussion?
Further studies by NINDS reveal what could happen if you don’t get immediate treatment for your concussion.
Without proper care, all the temporary symptoms from a concussion could become permanent, which may result in post-concussion syndrome. Untreated concussions also increase the risk of second impact syndrome, a potentially fatal condition if another injury occurs before recovery. Additionally, delayed treatment can hinder accurate diagnosis and appropriate management, prolonging recovery and increasing the likelihood of long-term cognitive, emotional, or physical impairments.
What should I do if I suspect a concussion after a car accident but don’t have immediate symptoms?
If you suspect you’ve suffered a concussion after a car accident but don’t experience immediate symptoms, it’s essential to take precautionary steps to protect your health.
The most crucial time is the 24 to 48 hours after you believe you’ve suffered a concussion. If you experience headaches, dizziness, confusion, or difficulty concentrating, there’s a strong chance you’ve suffered a concussion.
It should go without saying, but seeking medical attention for your potential concussion is imperative. As you recover, you’ll need plenty of rest, as overexertion may exacerbate your condition.
Most importantly of all, if your concussion was caused by someone else’s negligence, such as in a car accident, it’s wise to consult with a Summerville car accident concussion lawyer at Murphy Cranford Meehan. We can guide you through your legal options while helping you secure the compensation you deserve for your post-accident concussion.
Post-Concussion Care and Compensation
Recovering from a concussion requires appropriate medical care, which can be costly. For example:
- Medical Evaluations and Imaging: Initial care often involves evaluations by healthcare professionals, including neurologists, after a concussion. Dealing with a specialist can cost hundreds, if not thousands, of dollars.
- Follow-Up Appointments: Concussions often require multiple follow-ups with medical professionals to monitor recovery and manage lingering symptoms.
- Rehabilitation Therapies: Physical, vestibular, and cognitive therapies are just a few of the many rehabilitative therapies that a concussion victim will need to regain some quality of life. Moreover, not all insurance plans cover all rehabilitation therapies, which may instead be an out-of-pocket expense.
- Medications: Doctors may need to prescribe pain relievers, anti-anxiety medications, or sleep aids.
- Lifestyle Adjustments: Any lifestyle adjustments that result from the concussion aren’t about “living your best life.” These lifestyle adjustments can also irreversibly compromise your ability to work as you once did, with additional complications for your quality of life.
In short, the financial burden of post-concussion care is more than just the medical bills. Other indirect costs include lost wages, decreased earning potential, and pain and suffering. Fortunately, South Carolina law allows victims like you to seek compensation for this quality-of-life loss.
Can I file a lawsuit if I have a pre-existing condition that worsened due to the car accident?
Under South Carolina law, accident victims may recover compensation for injuries or conditions exacerbated by someone else’s negligence, even if they existed before the accident. This principle is known as the ‘eggshell’ rule, which means the at-fault party cannot avoid responsibility simply because the victim is more vulnerable to injury.
South Carolina also follows a comparative negligence rule, meaning a court may reduce your compensation if it finds you are partially responsible for the accident. However, you may still recover damages if the other party is more at fault for the accident.
To strengthen your case, the experienced Summerville car accident lawyers at Murphy Crantford Meehan will demonstrate how the accident specifically worsened your pre-existing condition. To do this, we will consult a doctor or a medical expert to provide detailed records and testimony showing the difference between your condition before and after the accident.
How do lawyers prove that my concussion was caused by the car accident?
Proving that a concussion was caused by a car accident requires a thorough legal and medical approach. The attorneys at Murphy Crantford Meehan will rely on several types of evidence to establish the connection between your injury and the accident, including:
- Medical Records: One of the most substantial pieces of evidence you will need to prove your injuries is your medical records. These will establish the nature of your injuries and the impact of said injuries on your life.
- Accident Reports: Police reports are a key, reliable piece of evidence. Police are objective third parties. As such, their testimony about what happened could be useful in your case. Note that their reports are sometimes inadmissible at trial.
- Expert Testimony: Medical experts, such as neurologists, can explain how the mechanics of the crash caused your concussion. Their testimony strengthens the argument that the accident directly resulted in your injury.
- Crash Dynamics: Evidence like photos, videos, and witness statements can show how the impact of the crash likely caused head trauma. For example, if your head struck the steering wheel or window, it supports the claim that the accident led to your concussion.
- Timeline of Symptoms: Your attorney will use your symptom timeline to demonstrate how your condition developed immediately after the crash, aligning with the event’s timing.
By combining medical evidence, expert opinions, and accident details, the Summerville car accident concussion attorneys at Murphy Crantford Meehan can build a compelling case that links your concussion to the car accident, securing the compensation you deserve.
Can I recover compensation for the emotional distress caused by my concussion?
Emotional distress, including anxiety, depression, or reduced quality of life, is a type of non-economic damages. You may need medical documentation, psychological evaluations, and testimony from mental health professionals to strengthen your claim. An experienced Summerville car accident concussion attorney like the ones at Murphy Crantford Meehan can help demonstrate the emotional impact of your concussion and pursue fair compensation for your suffering alongside other damages.
Since 2015, Charleston attorneys William Crantford and Jerry Meehan, Jr. have been dedicated to helping Summerville residents recover from concussions and traumatic brain injuries. We help you navigate South Carolina’s complex legal system with expertise and care, giving you the individualized care you need so you can focus on the most essential thing: healing.
If a negligent driver caused your brain injury, contact Murphy Crantford Meehan for a free case evaluation. Contact us today at (843) 960-3546, and let us help you get the justice and the compensation you deserve.
