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Car Crash Concussion in Massachusetts: Legal Aspects

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young man with his head in his hands sitting next to a bested out car windshield

Concussions are some of the most common consequences of motor vehicle accidents. They are usually mild injuries, but in some cases, they can have life-changing complications. In this article, we’ll discuss the main causes and symptoms of these injuries and how to document them for a car accident claim.

Note that this content is not legal or medical advice. If you have suffered a concussion from a car crash, get professional medical care and contact our Massachusetts car accident lawyer for expert legal support.

What Is a Car Crash Concussion, and How Does It Happen?

A concussion from a car crash is a mild traumatic brain injury (TBI) caused by a blow, bump, or other impact to the head or the body that makes the head and brain move rapidly back and forth. In an auto accident, rapid acceleration-deceleration forces (a whiplash-type mechanism) can cause TBI without direct impact. Concussions are considered a mild brain injury because they are mostly not life-threatening.

Symptoms and Red Flags After a Car Accident

The following symptoms can point to a concussion from a car crash:

  • Physical well-being

    Headache, dizziness, nausea, blurry vision, ringing in the ears, fatigue, sensitivity to light or noise, and balance problems.

  • Changes in cognition

    Attention and concentration difficulties, brain fog, being unable to remember information, trouble thinking clearly, and feeling slowed down.

  • Emotional symptoms

    Anxiety, irritability and anger issues, higher emotional sensitivity, and sadness.

  • Sleep issues

    Troubles falling asleep, sleeping more or less than usual, or waking up frequently during the night.

Some symptoms only become known hours or days after the accident. Monitor how you feel in the first 48-72 hours after any high-force collision, even if you feel okay initially. You may notice that some tasks take longer than before or require extra effort. Family members may spot emotional changes like unusual anger. Write down how you feel and what others notice; such records can support your insurance claim or legal case.

Concussion Danger Signs That Need Emergency Care

Although concussion injuries typically resolve on their own with rest and time, they might develop into a more severe condition. The CDC recommends that you go to the emergency room or call 911 immediately if you experience these symptoms:

  1. Persistent headaches that don’t get better
  2. Repeated vomiting
  3. One pupil becoming larger than the other
  4. Increasing confusion, restlessness, or agitation
  5. Seizures or convulsions
  6. Slurred speech, weakness, numbness, or worsening balance issues
  7. Severe drowsiness and difficulty staying awake
  8. Loss of consciousness (even if it’s brief).

In such situations, it’s critical not to wait and see if the symptoms pass on their own. Seek medical help right away.

Post-Concussion Syndrome and Lingering Symptoms

If you don’t feel better after four weeks (a typical recovery period for adults), doctors may diagnose post-concussion syndrome (PCS), also known as post-concussive syndrome. The most common symptoms of PCS are ongoing headaches, difficulty concentrating, persistent fatigue, dizziness, and emotional changes.

At least 15% of TBI patients experience such lasting complications. The likelihood of the symptoms persisting for a long time doesn’t depend on the severity of the initial injury. Both milder concussions and more serious head injuries can cause PCS.

The syndrome is manageable with follow-up care based on the specific issues you have. Your doctor may also refer you to a neurologist, a neuropsychologist, or a physical therapist who focuses on vestibular rehabilitation.

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What to Do After a Car Crash Concussion for a Future Claim

If you suffered a concussion from a car crash, you have the right to file an insurance claim for compensation. A few steps taken early can strengthen your case. Naturally, you need to prioritize your well-being — but the actions that protect your potential claim overlap with the health-related measures more than you’d expect.

  1. Get examined by a doctor as soon as possible. Remember, concussion symptoms may not manifest immediately. A medical evaluation helps catch the signs of a TBI early and creates an official record linking it to the accident.
  2. Follow all treatment instructions and avoid aggravating activities. An insurance adjuster can point to ignored medical advice or activities like sports or partying as a reason to reduce your compensation.
  3. Keep a journal to track your symptoms. Write down how you feel and how the injury impacts your daily life. This written record can be used to prove your pain and suffering or inability to enjoy your usual activities.
  4. Save every receipt and bill. ER visits, prescriptions, imaging, co-pays, mileage to appointments, parking at the hospital, and other expenses can all be included in your economic damages but must be supported with concrete evidence.
  5. Request copies of your medical records. Whenever you see a doctor or complete a procedure, ask for official records — visit notes, diagnostic results, treatment plans, etc.
  6. Document missed work and decreased productivity. Get a written confirmation from your employer showing how much work you had to miss and whether your duties have changed due to the injury.
  7. Obtain the police report. Request a copy of the official crash report compiled by the police officers at the accident scene.

Under the no-fault system in Massachusetts, anyone can be compensated for their injuries from a motor vehicle accident thanks to mandatory auto insurance, no matter who is at fault for the crash. The personal injury protection (PIP) coverage provides initial compensation for medical costs and lost wages. The at-fault driver’s insurance for bodily injury to others can also cover your damages, but usually, your own coverage steps in first.

PIP can compensate you for your medical expenses and 75% of lost wages, up to $8,000. This can be helpful in the aftermath of a collision, but it might not be enough if you suffer PCS or additional injuries. If your expenses exceed the PIP limits, you have the right to file a claim against the at-fault driver’s insurance and take the case to court if a fair settlement cannot be reached through negotiations. Legal claims can also cover your non-economic damages.

Time Limits and Documentation for Protecting Your Claim

Massachusetts law limits the time window during which you can file a personal injury claim to three years from the date of the accident, according to the statute of limitations. You may not feel like taking legal action right away, or your injury may have lasting complications that are not obvious at once. However, acting early is important to avoid losing key evidence, missing potential insurance time limits, or being barred from obtaining compensation.

Ideally, you should start documenting your accident right at the scene. When it comes to proving a concussion from a car crash, collect this evidence as you undergo treatment to prevent potential delays and have all records for your demand package:

Medical notes
Symptom journal
Work restrictions
Wage loss proof
Witness information
Crash report

How a Car Accident Lawyer Can Help

Concussion cases rely heavily on self-reported symptom logs and careful damage mitigation. Insurance companies actively question any elements of such claims that are not supported by clear evidence and try to obtain statements or discrepancies that undermine the seriousness of the victims’ suffering.

A skillful car accident attorney knows how to defend your claim against these tactics and pursue fair compensation. A specialized lawyer will assist you in assessing the extent of your damages, including the often-overlooked potential future consequences, and secure the evidence to prove them.

At Michael Kelly Injury Lawyers, you get expert legal help with no upfront cost. Our team will handle the paperwork, insurance negotiations, and trial processes, if necessary, to achieve the settlement or verdict that fully reflects your losses. Don’t hesitate — contact us for a free case review today.

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In the event that you are dissatisfied within the first 30 days, you may have your file returned to you by the firm, free of charge.
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