Chicago Injury Lawyer Blog
A car accident can cause serious injuries even when there are no broken bones, dramatic cuts, or obvious signs of trauma. One of the most common—and frequently underestimated—injuries following a collision is a concussion.
A concussion is a type of mild traumatic brain injury (mTBI) caused by a bump, blow, or jolt to the head or body that causes the brain to move rapidly within the skull. According to the Centers for Disease Control and Prevention (CDC), this movement can cause chemical changes in the brain and stretch or damage brain cells. Symptoms can affect how a person feels, thinks, acts, and sleeps.
Yes, you may be able to receive compensation for a concussion caused by a car accident. If another driver’s negligence caused the collision, an injured person may have a personal injury claim seeking compensation for medical expenses, lost income, pain and suffering, and other damages.
However, concussion claims can present unique challenges. Symptoms may not appear immediately, diagnostic imaging may be normal, and insurance companies may attempt to characterize the injury as minor. Understanding how concussions work and how accident claims are evaluated can help protect your rights.
“A concussion may not leave an obvious physical injury, but that does not make the injury any less real. When a car accident causes a traumatic brain injury, it is important to understand the medical evidence, document the symptoms, and make sure the insurance company does not minimize the impact the injury has had on the victim’s life.” — John J. Malm
How Can a Car Accident Cause a Concussion?
A concussion does not necessarily require a person’s head to strike the steering wheel, dashboard, window, or another object. The sudden acceleration and deceleration associated with a collision can cause the head and brain to move rapidly back and forth. This movement can occur even when the head does not directly strike an object.
Common accident scenarios that can cause a concussion include:
- Rear-end collisions
- Head-on collisions
- T-bone crashes
- Rollover accidents
- Airbag impacts
- Side-impact collisions
- Motorcycle or bicycle collisions
- Collisions involving pedestrians
The force necessary to cause a concussion varies from person to person. A collision that appears relatively minor from the outside can still produce a legitimate brain injury.
Concussion Symptoms May Not Appear Immediately
One of the biggest misconceptions about concussions is that symptoms must appear immediately. According to the CDC, some concussion symptoms may occur right away, while others may not become apparent for hours or days following the injury. The CDC also notes that symptoms vary from person to person. Symptoms can include:
- Headaches
- Dizziness
- Nausea
- Vomiting
- Balance problems
- Fatigue
- Sensitivity to light or noise
- Vision problems
- Difficulty concentrating
- Memory problems
- Feeling slowed down or “foggy”
- Irritability
- Anxiety
- Sleep problems
Because some symptoms develop gradually, an accident victim may initially believe they are fine. Later, headaches, concentration problems, dizziness, or memory difficulties may become increasingly noticeable. This is one reason seeking appropriate medical evaluation after a collision is important.
Concussions Are More Serious Than Many People Realize
The term “mild traumatic brain injury” can be misleading. “Mild” generally refers to the severity classification of the brain injury, not necessarily the impact the injury will have on someone’s life.
The CDC reports that most traumatic brain injuries occurring each year are mild TBIs or concussions. At the same time, the CDC’s latest data estimates approximately 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023. The agency notes that these figures do not include many TBIs treated only in emergency departments, doctors’ offices, urgent care facilities, or those that go untreated.
A concussion can interfere with a person’s ability to work, drive, attend school, care for children, exercise, and participate in ordinary activities. Some people recover relatively quickly. Others experience persistent symptoms that require continuing medical treatment.
Can You Get Compensation for a Concussion?
If another driver’s negligence caused your accident and concussion, you may be entitled to seek compensation through a personal injury claim. A successful claim generally requires evidence establishing that another party was legally responsible for the accident and that the accident caused your injuries and resulting losses.
For example, a claim could arise when a driver:
- Runs a red light;
- Fails to yield;
- Follows another vehicle too closely;
- Speeds;
- Drives while distracted;
- Drives under the influence of alcohol or drugs; or
- Otherwise violates a duty of reasonable care.
The value of a concussion claim depends on the specific facts. There is no standard amount automatically awarded for a concussion.
What Damages Can You Recover for a Concussion?
Depending on the circumstances, compensation may be available for both economic and non-economic damages. Economic damages can include objectively measurable financial losses such as:
- Emergency room expenses
- Doctor visits
- Neurological evaluations
- Diagnostic testing
- Prescription medications
- Physical or occupational therapy
- Lost wages
- Reduced earning capacity
- Transportation expenses
- Future medical treatment
Non-economic damages may include losses that are more difficult to quantify, including:
- Pain and suffering
- Emotional distress
- Loss of normal life
- Disability
- Disfigurement, when applicable
- Loss of enjoyment of life
A concussion that requires only limited treatment may have a very different value from one that results in months of symptoms, inability to work, or ongoing cognitive difficulties.
A Normal CT Scan or MRI Does Not Necessarily Mean You Do Not Have a Concussion
Another important issue in concussion cases involves diagnostic imaging. A person may undergo a CT scan or MRI after an accident and receive normal results. That does not necessarily mean the person did not suffer a concussion. A concussion is fundamentally a functional brain injury, and conventional imaging may not show the changes associated with every concussion.
Diagnosis can involve a healthcare provider evaluating the person’s symptoms, medical history, neurological function, and circumstances surrounding the injury. The CDC explains that healthcare providers can perform assessments and tests when evaluating a possible mild TBI or concussion. This distinction can become important when an insurance company argues that an injury is not legitimate simply because an imaging study did not reveal an obvious structural abnormality.
Medical Documentation Is Critical in a Concussion Claim
Because concussions can lack obvious physical signs, medical documentation can be particularly important. After an accident, tell your healthcare provider about all symptoms you are experiencing, even symptoms that seem minor. Medical records may document:
- When symptoms began
- The nature and severity of symptoms
- Whether symptoms are improving or worsening
- Cognitive difficulties
- Headaches and dizziness
- Sleep disturbances
- Treatment recommendations
- Work restrictions
- Functional limitations
- Prognosis
You should also follow your healthcare provider’s recommendations and attend follow-up appointments. If symptoms continue, additional evaluations may be appropriate.
Insurance Companies May Try to Minimize Concussion Claims
Insurance companies know that concussions can be difficult to prove through conventional imaging. An adjuster may argue that the injury was minor, that the symptoms are unrelated to the collision, or that a pre-existing condition is responsible. They may also scrutinize:
- How quickly you sought medical care
- Whether you reported symptoms immediately
- Whether you followed treatment recommendations
- Whether you missed appointments
- Whether you returned to work
- Your prior medical history
- Statements you made after the accident
- Social media posts
This is one reason it is important to be accurate and consistent when discussing your injuries. You should never exaggerate symptoms. But you should also avoid minimizing them simply because you hope they will go away.
What If You Did Not Go to the Emergency Room?
Failing to visit an emergency room immediately does not automatically mean you cannot pursue compensation for a concussion. Some people initially believe they are not seriously injured. Others develop symptoms later. The CDC specifically recognizes that concussion symptoms may emerge hours or days after an injury.
Nevertheless, a significant delay in seeking medical attention can give an insurance company an argument that the injury was unrelated to the accident. If symptoms develop after a collision, seek appropriate medical attention and explain to the healthcare provider when and how the symptoms began.
Keep a Record of How the Concussion Affects Your Life
Medical records are important, but your own documentation can also help demonstrate how an injury affects your daily life. Consider maintaining a symptom journal that documents:
- Headaches
- Dizziness
- Memory problems
- Difficulty concentrating
- Sleep problems
- Sensitivity to light or sound
- Missed work
- Difficulty performing household responsibilities
- Problems driving
- Activities you can no longer perform
- Changes in mood
A concussion may affect daily activities that do not appear on a medical bill. Documenting these changes can help demonstrate the real-world consequences of the injury.
What Evidence Can Support a Concussion Claim?
A concussion claim may involve considerably more evidence than simply a doctor’s diagnosis. Potential evidence includes:
- Police reports
- Accident-scene photographs
- Vehicle damage photographs
- Witness statements
- Surveillance footage
- Dash-camera footage
- Medical records
- Diagnostic testing
- Physician opinions
- Neuropsychological evaluations, when appropriate
- Prescription records
- Employment records
- Lost-wage documentation
- Personal symptom journals
Evidence establishing the mechanics of the collision can also be important. An accident reconstruction may help demonstrate the forces involved and how the collision occurred.
Steps to Take After a Car Accident Concussion
If you believe you suffered a concussion in a collision, consider taking the following steps:
- Seek appropriate medical attention.
- Tell your healthcare provider about all symptoms.
- Follow recommended treatment and restrictions.
- Keep copies of medical records and bills.
- Document missed work and lost income.
- Keep a record of ongoing symptoms.
- Photograph your injuries and vehicle damage.
- Preserve accident photographs and videos.
- Identify witnesses.
- Avoid discussing your claim on social media.
- Do not accept a settlement before understanding the full extent of your injuries.
- Consult an experienced Chicago personal injury attorney if another driver’s negligence caused your injury.
Frequently Asked Questions About Concussion Compensation
Can I receive compensation if I suffered a concussion but did not lose consciousness?
Yes. Loss of consciousness is not required for a person to suffer a concussion. A concussion can result from a bump, blow, or jolt that causes the brain to move rapidly inside the skull.
How much is a concussion from a car accident worth?
There is no predetermined value. Compensation depends on factors such as medical expenses, duration of symptoms, lost income, future treatment, functional limitations, pain and suffering, and the strength of the evidence connecting the concussion to the accident.
Can I sue if my CT scan was normal?
Potentially, yes. A normal CT scan does not necessarily rule out a concussion. A healthcare provider’s clinical evaluation and documentation of symptoms can be important in diagnosing a mild traumatic brain injury.
What if my concussion symptoms appeared several days after the accident?
That does not automatically prevent you from pursuing a claim. The CDC recognizes that some concussion symptoms may appear hours or days after the injury. However, you should seek medical evaluation and explain when the symptoms began.
Can a concussion cause problems at work?
Yes. Symptoms such as headaches, fatigue, difficulty concentrating, memory problems, dizziness, and sleep disturbances can interfere with employment. If your injury affects your ability to work, documentation of lost wages or reduced earning capacity may be relevant to your claim.
How long do I have to file a concussion lawsuit in Illinois?
Illinois generally provides two years for many personal injury lawsuits, but exceptions can apply. The specific deadline depends on the circumstances of the case.
Contact the Experienced Chicago Injury Attorneys at John J. Malm & Associates After a Car Accident Concussion
A concussion can affect far more than your physical health. Headaches, dizziness, memory problems, fatigue, difficulty concentrating, sleep disturbances, and other symptoms can interfere with your work, family responsibilities, and everyday life. If another driver’s negligence caused your crash, you should not allow an insurance company to dismiss your injury simply because you did not suffer a broken bone or because an imaging study was normal.
At John J. Malm & Associates, our Chicago personal injury attorneys understand that concussion and traumatic brain injury claims require careful investigation and thorough documentation. We can investigate how your accident occurred, review your medical evidence, document your losses, communicate with insurance companies, and pursue the compensation you may be entitled to recover.
If you or a loved one suffered a concussion in a car accident, contact John J. Malm & Associates today for a free consultation. Do not assume that a seemingly mild brain injury is too insignificant to pursue. Your health, your financial future, and your legal rights matter.