Suffering a concussion from a car accident can disrupt your life, career, and health. When dealing with insurance companies, understanding settlement ranges for car accident head injuries is crucial to avoid accepting a low offer. Here are practical tips to help you negotiate a fair settlement for your concussion injury.
Get Immediate Medical Attention
Never delay seeking medical treatment after a car accident, even if your symptoms seem mild. Concussions can have hidden complications that only a doctor can diagnose. Medical records will also serve as evidence of your injury, its severity, and its impact on your daily life.
Insurance adjusters often argue that delayed treatment indicates a minor injury. Protect yourself by visiting a hospital or neurologist immediately and attending all follow-up appointments as prescribed.
Understand the Full Impact of Your Injury
Before entering settlement discussions, understand how your concussion affects your health, work, and personal life. Symptoms like memory loss, headaches, dizziness, concentration issues, and sleep disturbances can last for weeks or months.
Maintain a daily journal documenting your symptoms, emotional distress, and limitations. This record will help establish the pain and suffering component of your claim, which often forms a large part of the final settlement amount.
Calculate All Your Damages
Negotiation requires a clear understanding of your damages. These include:
- Medical expenses (hospital visits, diagnostics, medications, follow-ups, and therapies)
- Lost wages (current and potential future losses if you cannot resume work soon)
- Pain and suffering (physical and emotional trauma from the injury)
- Loss of enjoyment of life (inability to perform hobbies or family activities)
Don’t underestimate your damages. If your concussion leads to post-concussive syndrome, your treatment and recovery time can extend significantly, increasing your entitled compensation.
Avoid Accepting the First Offer
Insurance companies usually begin with a low settlement offer to test whether you know the value of your claim. Politely decline initial offers and ask them to justify their calculations. This signals that you are informed and serious about receiving fair compensation.
Consult a Medical Expert for Future Prognosis
Concussions can have long-term consequences, such as chronic headaches or cognitive impairment. Request your treating neurologist to provide a detailed report about your prognosis, ongoing treatment needs, and any permanent disabilities. This will strengthen your claim and deter insurance adjusters from undervaluing your injury.
Do Not Exaggerate or Misrepresent
While it is important to communicate the seriousness of your concussion, avoid exaggerating symptoms. Insurance companies investigate claims thoroughly, and any discrepancy in your statements or medical records can undermine your credibility and reduce your settlement.
Be Ready to Provide Supporting Documentation
Compile all necessary documents, including:
- Medical records
- Diagnostic test results (CT scans, MRIs)
- Prescription receipts
- Wage loss verification from your employer
- Journal entries recording your symptoms and limitations
Having organized evidence makes negotiations more efficient and demonstrates your preparedness.
Consider Future Medical Needs
Concussions are sometimes linked with traumatic brain injuries (TBIs) that can worsen over time. Before settling, ensure your doctor has ruled out other head injuries and confirmed that no further treatment or therapy is needed. Settlements are typically final; if new symptoms arise after acceptance, you cannot ask for additional compensation later.
Hire an Experienced Personal Injury Attorney
Negotiating a fair settlement alone is challenging, especially if your injury affects your cognitive abilities. An experienced personal injury attorney will handle negotiations on your behalf, calculate the appropriate settlement range, and advocate for the highest possible compensation based on evidence.
Don’t Rush the Process
Finally, remain patient. Insurance companies count on victims’ urgency to settle quickly. If your medical treatment is ongoing, wait until your doctor declares maximum medical improvement (MMI) before starting serious settlement discussions. This ensures all your damages are accounted for accurately.
Final Thoughts
Negotiating a fair settlement for a concussion injury requires preparation, patience, and clarity on your damages. By following these tips, gathering evidence, and seeking professional help when needed, you can improve your chances of securing compensation that truly reflects your injury’s impact on your life.
