Concussions are a classification of Mild Traumatic Brain Injury (TBIs) that have several long and short-term health implications. When these injuries are the result of a motor vehicle accident, your personal health suddenly becomes a matter of law.
With the potential to gain compensation for your damages, understanding what your claim is worth may be an important turning point in whether you wish to press charges. Below, we outline the basic elements that go into a car accident claim under Alabama law.
Signs of a Concussion
Concussions injuries are the result of blunt force trauma that shakes the brain within the skull. These injuries can range from mild to severe, with some individuals experiencing little to no damage and others suffering from side effects for months, years, or even the rest of their lives.
Mild Concussion Symptoms
- Nausea
- Vomiting
- Slight loss of consciousness
- Headache
- Confusion
- Sleep Abnormalities
- Dizziness
- Fatigue
- Light Sensitivity
Severe Concussion Symptoms
- Slurred speech
- Repeated vomiting
- Severe confusion
- Extended loss of consciousness
- Loss of vision
- Convulsions
- Coma
Due to this wide variance in severity, car accident concussion settlement amounts vary. Depending on who is at-fault for the accident, some individuals may not be eligible to receive a settlement at all.
Proving Negligence
When insurance companies are deciding who is entitled to compensation, they often award said compensation in accordance to fault. The less at-fault you were in the accident, the higher your compensation. Alabama, however, works a little differently.
Alabama is one of the few states that upholds what is known as contributory negligence laws. Contributory negligence is a term which takes an all-or-nothing approach to car accident liability. This indicates that if you are found even 1% liable for the circumstances of your car accident, you are no longer entitled to compensation.
Types of Damages
If you are still entitled to compensation, you may wonder what your damages refer to— while personal injuries are on the list, there are several more categories of damages from which an individual can create a claim.
Economic Damages
Economic damages are those which can be calculated through tangible, monetary, loss. These include defined medical expenses, cost of medication, treatment, lost wages from missed work, and any ongoing care.
Non-Economic Damages
Non-economic damages are less clear-cut as their worth is typically challenging to define in dollars and cents. For this category, you and your attorney must develop a “cost” for various damages such as pain and suffering, loss of enjoyment, and loss of a normal life.
It’s important to understand that just because you can claim a certain type of amount of damage does not mean that will be your final compensation.
Alabama Personal Injury Attorneys
Since 1994, Strickland and Kendall have helped thousands of clients in their personal injury cases. Over time, this has resulted in our licensure in 4 different states and lawsuits practiced in over 40.
Law is a precise field and without the right knowledge and understanding, many might walk away from their case, even if receiving compensation is the only way to afford unexpected expenses. When looking for the right law firm to handle your case, you want a company filled with professionals who can address every area of your concern and have a proven track record of success.
Strickland and Kendall offer unparalleled legal services to all of our clients, as our way of using what we know to give back to the community.
If you suffered a concussion, we encourage you to contact us today at 334.269.3230 and get in touch with a personal injury lawyer.