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Post-Concussion Crash Settlement: Get What You Deserve (2024)

Determining a satisfactory post-concussion car accident settlement can vary greatly depending on the specific circumstances of the case, including factors such as the severity of the concussion, the extent of medical treatment required, the impact on the individual’s daily life and ability to work, and the jurisdiction where the case is being litigated.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

What is Post-Concussion Syndrome?

According to Mayo Clinic research, persistent post-concussive symptoms, commonly known as post-concussion syndrome (PCS), occur when the effects of a mild traumatic brain injury linger beyond the expected recovery period [1]. These symptoms, which can include headaches, dizziness, and difficulties with concentration and memory, may persist for weeks to months following the initial injury.

A mild traumatic brain injury is known as a concussion. It could happen as a result of a fall or auto accident, while playing contact sports, or from violent shaking and movement of the head or body – Mayo Clinic

While symptoms typically manifest within the first 7 to 10 days post-injury and resolve within three months for most individuals, some may experience symptoms for a year or longer. Treatment aims to effectively manage these symptoms, which may include headaches, dizziness, fatigue, irritability, anxiety, sleep disturbances, concentration and memory issues, ringing in the ears, blurry vision, sensitivity to noise and light, and occasionally, changes in taste and smell.

Headaches following a concussion often resemble tension-type headaches, potentially linked to concurrent neck injuries or migraines. Managing these symptoms effectively is crucial for the individual’s recovery and quality of life. If you or someone you know is experiencing persistent post-concussive symptoms, seeking medical attention is advisable to receive proper evaluation and treatment.

Average Settlements for Post-Concussion Syndrome

According to John Foy, concussions and post-concussion syndrome (PCS) necessitate serious consideration due to their potential for debilitating effects [2]. While categorized as minor brain injuries, they can significantly impact one’s life. It’s essential to understand that there’s no standard settlement amount for PCS cases. Each case is unique, with varying losses based on the extent of damages and accident circumstances.

Typically, PCS settlements can range widely, from tens of thousands to over a million dollars. The severity of the PCS and its impact on your life determine the potential payout.

Here are some noteworthy examples of PCS settlements:

  • In the case of Garber v. Heimbigner (Oregon, 2020), a rear-ended woman received $50,000 for her PCS and associated back and neck injuries.
  • Maryland’s Anonymous v. Gaylord (2020) involved a victim in a red light intersection accident who received a $100,000 insurance settlement.
  • Jennings v. F&G Custom Ag (California, 2019) saw a married couple awarded $2 million for injuries sustained in a head-on collision, requiring extensive medical treatment.

Several factors play a part in the potential settlement or jury award, such as the severity of your injuries, the significance of your damages, and how your accident occurred. It will be up to your attorney to ensure every loss is considered so you can recover your damages in full. Your lawyer will also obtain a prognosis from medical experts to include future treatment you may need – John Foy

How are Car Accident Settlements Calculated?

Insurance adjusters typically follow a structured formula to calculate settlements, which includes several key steps:

  • Calculate Economic Damages: Begin by totaling the victim’s economic losses, such as medical expenses and lost wages incurred due to the accident.
  • Apply Multiplier: Adjust the economic damages by multiplying them by a factor ranging between 1.5 and 5, depending on the severity of the injuries sustained. This multiplier reflects the impact of the injuries on the victim’s life.
  • Incorporate Non-Economic Damages: Add the non-economic damages, such as pain and suffering, to the adjusted economic damages.
  • Consider Comparative Negligence: Assess whether the victim shares any responsibility for the accident and adjust the settlement amount accordingly based on the degree of fault.
  • Evaluate Insurance Coverage: Take into account the insurance coverage available from the at-fault driver and adjust the settlement amount as necessary.

What is the Car Accident Settlement Multiplier?

The car accident settlement multiplier is a method used to gauge the value of non-economic damages, like pain and suffering, in a settlement. It involves multiplying the victim’s economic damages by a predetermined multiplier, typically ranging from 1.5 to 5, depending on the severity of the injuries. For instance, if the economic damages amount to $10,000 and the multiplier is 2, the non-economic damages would be calculated as $10,000 x 2 = $20,000.

It’s worth noting that while the car accident settlement multiplier is a commonly used approach, it’s not the only method for calculating non-economic damages. Other methods, such as the per diem method or daily expenses method, may also be employed by insurance companies and attorneys depending on the specifics of the case.

Also Read: Head-On Crash Settlement Value

Typical Car Accident Settlement Amounts

According to Forbes, car accident settlement amounts can vary significantly due to the unique circumstances surrounding each case [3]. Factors such as the severity of injuries, the extent of vehicle and property damage, and the number of individuals involved can all influence the negotiated settlement amount.

While the final settlement figure is highly individualized, here are some insights into average settlements:

  • According to recent surveys, average car accident settlements in 2020 fell within the range of $20,000 to $25,000.
  • A study conducted by the Insurance Information Institute revealed an average injury settlement amount of $20,235, with an additional average property damage settlement of $4,711.
  • Another survey conducted by Martindale-Nolo reported an average settlement figure of $23,900.

It’s important to note that while these averages provide a general indication, the majority of survey respondents actually received settlements below $10,000. This emphasizes the variability of settlement amounts and underscores the importance of seeking legal guidance tailored to your specific case. Consulting with a knowledgeable attorney can help ensure that you receive fair compensation commensurate with your injuries and losses.

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The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.mayoclinic.org/diseases-conditions/post-concussion-syndrome/symptoms-causes/syc-20353352
2. https://www.johnfoy.com/faqs/average-settlement-for-post-concussion-syndrome/
3. https://www.forbes.com/advisor/legal/auto-accident/typical-car-settlement-amounts/

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