Each year, approximately 286,000 people sustain a traumatic brain injury in a car accident, according to the U.S. Centers for Disease Control and Prevention. However, the actual number of car accident head injuries may be even higher, as symptoms are often misinterpreted or considered to be part of general post-accident trauma.
These injuries can have a devastating effect on a person’s life, requiring expensive, lengthy treatment. Some injuries result in permanent disabilities and the need to rely on others to perform activities of daily living.
If the car crash that caused your injury was the result of negligence, you may be able to file a claim to obtain compensation. The experienced Savannah car accident attorneys at The Nye Law Group have helped countless victims of auto accidents recover fair compensation for their injuries.
Below, our attorneys review what you need to know about car accident head injury claims.
TYPES OF HEAD INJURY
There are many different types of head injuries that can occur during a car accident. They are generally divided into two categories: closed head injuries and open head injuries.
CLOSED HEAD INJURIES
A closed head injury occurs when there is internal damage. Two of the most common types of closed head injuries include:
A concussion occurs when the brain strikes the skull. This often happens when a person’s head hits the dashboard or another object during a car accident. Minor concussions may impair a person’s cognitive functions or cause depression or temporary unconsciousness. Serious concussions can result in permanent brain injury.
SUBDURAL AND ACUTE HEMATOMA
A subdural hematoma can arise when the blood in the skull clots and penetrates brain fluid, eventually penetrating the brain’s soft tissue. An acute subdural hematoma arises when the brain tissue is saturated with blood. This condition can result in the loss of cognitive function, paralysis or death.
OPEN HEAD INJURIES
Open head injuries occur when an individual suffers an impact so severe that the skull is penetrated. Some types of open head injuries that may occur in car accidents include:
LINEAR SKULL FRACTURES
These injuries penetrate the skull, but not enough to expose the soft tissue of the brain.
DEPRESSED SKULL FRACTURES
These types of fractures occur when the force of the impact crushes the skull.
BASILAR SKULL FRACTURES
This is one of the most serious types of open head injuries. It is a fracture in the portion of the skull closest to the spinal cord.
DIASTATIC SKULL FRACTURES
This is a fracture in the portion of the skull that fuses when an individual becomes an adult.
LIABILITY FOR A CAR ACCIDENT HEAD INJURY
If you have sustained a head injury in a car accident, you may be entitled to compensation for the damages you suffered. However, you must prove that the accident and your injury was a direct result of the other driver’s negligent actions.
Negligence is defined as a breach of a legal duty to act in a safe, responsible manner to prevent injuries to others.
Drivers have a legal obligation to follow traffic laws and avoid reckless driving. Examples of a breach of that legal obligation include:
- Texting while driving
- Failure to yield the right of way
- Running a red light
- Driving under the influence of drugs or alcohol
GATHERING EVIDENCE TO SUPPORT YOUR CLAIM
If you file an insurance claim or personal injury lawsuit, the burden is on you to prove that the other driver’s negligence caused your injuries.
There are various pieces of evidence you can gather to help support your claim, including:
- Police report – This report will include notes from the officer on who was at fault for the collision. The report will also note if the other driver received a traffic citation. Sometimes the report contains statements from witnesses as well.
- Medical records – Medical records show the injuries you suffered and treatments you received. You can request that the doctor note all of your injuries that were caused by the car accident.
- Employment records showing lost wages – You will need these to obtain compensation for wages lost because of your injury.
- Pictures of the accident – If you are able to take pictures, try to photograph the damage to both vehicles. You should also photograph other property damage caused by the crash, such as damaged foliage or road signs.
- Witness statements– Witnesses may have seen or heard things that you were unaware of, such as the other driver’s actions in the moments leading up to the crash.
WHAT FORMS OF COMPENSATION ARE AVAILABLE?
You could be entitled to numerous forms of compensation in a car accident head injury claim, including:
- Medical expenses
- Therapy expenses
- Rehabilitation expenses
- Lost wages
- Lost earning capacity
- Property damage
- Funeral and burial expenses
- Pain and suffering
- Mental anguish
CONTACT THE NYE LAW GROUP TODAY TO LEARN YOUR LEGAL OPTIONS
Head injuries can result in lasting consequences for injury victims and their families.
If you or a loved one sustained a serious head injury due to another’s negligence, contact The Nye Law Group’s Savannah personal injury attorneys for assistance. We work on contingency, so we do not obtain legal fees unless you are compensated.
We also offer a free, no obligation legal consultation where we can examine the circumstances surrounding your injury and determine if you have a viable claim.
Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.