Can You Sue for a Concussion After a Car Accident in NJ?

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Suffering a concussion from a car accident can have long-lasting physical, emotional, and financial consequences. In New Jersey, you may have the right to file a concussion lawsuit if your injury was caused by another driver’s negligence. Understanding your legal rights and the steps involved can make a significant difference in the outcome of your claim.

This comprehensive guide will walk you through everything you need to know about filing a concussion lawsuit in NJ, including how to prove negligence, what compensation you may be entitled to, and how to work with a skilled car accident injury attorney.

Understanding Concussion Lawsuits After Car Accidents in NJ

What Is a Concussion?

A concussion is a type of traumatic brain injury (TBI) caused by a sudden impact or jolt to the head. This type of injury disrupts normal brain function, leading to symptoms that can range from mild confusion and headaches to severe neurological impairments. Car accidents are one of the most common causes of concussions due to the abrupt forces involved during a collision.

Why Are Concussions from Car Accidents Common?

Car accidents often involve sudden deceleration or direct impacts, causing the brain to move violently within the skull. Even a seemingly minor collision can result in significant brain trauma. The rapid back-and-forth movement can cause bruising, bleeding, or tearing of brain tissues, leading to a concussion.

Long-Term Effects of a Concussion

While some concussions heal with rest, others can lead to long-term issues. Post-concussion syndrome (PCS) is one of the most challenging outcomes, where symptoms persist for weeks, months, or even years. These symptoms can include chronic headaches, difficulty concentrating, memory problems, and emotional instability.

 

Why Are Concussion Lawsuits Important?

Financial Burden of Concussions

Medical treatment for concussions can be expensive. Costs may include emergency room visits, diagnostic imaging like CT scans, follow-up appointments, rehabilitation, and long-term care for chronic symptoms. If you are unable to work due to your injury, the financial impact can be devastating.

Emotional and Psychological Impact

A concussion does not just affect your physical health. Victims often experience mood changes, anxiety, and depression as a result of their injury. The emotional toll can strain relationships and reduce the quality of life.

Seeking Justice and Accountability

When a concussion is caused by another driver’s negligence, filing a lawsuit is not just about financial compensation. It is also about holding the responsible party accountable for their actions. A successful lawsuit can provide a sense of justice and help prevent similar incidents in the future.

 

Who Can File a Concussion Lawsuit?

Eligibility for Filing a Lawsuit

Anyone who suffers a concussion as a result of another person’s negligence can file a lawsuit. This typically includes:

• Drivers and passengers involved in a car accident
• Pedestrians struck by a vehicle
• Cyclists involved in a collision

Can Family Members File on Behalf of the Victim?

If the injured party is incapacitated or suffers cognitive impairments due to the concussion, a family member or legal guardian may file the lawsuit on their behalf. Consulting with a lawyer will help clarify the best approach in such cases.

 

When Can You Sue for a Concussion After a Car Accident in New Jersey?

1. Understanding Duty of Care

To file a successful concussion lawsuit, you must prove that the other driver had a legal responsibility to act safely on the road. This is known as the “duty of care” standard, which all drivers are required to follow.

2. How a Driver Can Breach Duty of Care

A breach occurs when the driver fails to act in a reasonably safe manner. Examples include speeding, distracted driving, driving under the influence, or failing to yield the right of way. Demonstrating that the driver’s actions violated this duty is a critical element of your case.

3. Proving Causation: Linking the Accident to Your Injury

It is essential to establish that the driver’s breach of duty directly caused the car accident, which in turn led to your concussion. Medical documentation plays a key role in linking the accident to your injury.

4. Documenting Your Damages

After establishing causation, you must prove that you sustained damages as a result. These damages can include medical bills, lost wages, pain and suffering, and long-term care costs. Proper documentation, such as medical records and expert opinions, will strengthen your case.

 

Common Symptoms of Concussion After a Car Accident

Physical Symptoms

Concussions can cause a range of physical symptoms, which may appear immediately or develop over time. These include headaches, dizziness, nausea, vomiting, blurred vision, and sensitivity to light or noise. Some people experience balance issues or a sensation of pressure in the head.

Cognitive and Emotional Symptoms

The impact on cognitive functions can be profound. Victims often report difficulty concentrating, memory loss, confusion, and mental fog. Emotionally, they may feel irritable, anxious, or depressed. Mood swings and emotional instability are also common.

Sleep Disturbances and Fatigue

Sleep problems are frequently reported after concussions. You may find it hard to fall asleep or stay asleep, or you may sleep much more than usual. Conversely, some people struggle with insomnia. Fatigue and lethargy can persist for weeks, impacting daily life.

 

Filing a Concussion Lawsuit in NJ: Step-by-Step Guide

Step 1: Seek Medical Attention Immediately

Getting medical care right after the accident is crucial. Even if you do not immediately feel symptoms, a doctor can detect subtle signs of a concussion. Medical records from these initial visits will serve as vital evidence.

Step 2: Document Your Injuries and the Accident

After receiving medical care, begin documenting everything related to the accident and your injuries. Take photos of your injuries, the accident scene, and any vehicle damage. Gather witness statements and obtain the police report. Keep all medical records, treatment plans, and receipts related to your care.

Step 3: Contact a Car Accident Concussion Lawyer

Hiring a lawyer early on can help you navigate complex legal procedures. A personal injury attorney specializing in car accident concussions will help gather evidence, build your case, and communicate with insurance companies.

Step 4: File a Claim with Your Insurance

Since New Jersey is a no-fault state, your insurance will initially cover medical expenses. However, if the injury is severe and costs exceed your policy limits, your lawyer can file a lawsuit against the at-fault driver.

Step 5: Pursue Legal Action for Compensation

If your insurance settlement does not cover your expenses, your lawyer will initiate a lawsuit. The process involves presenting evidence, demonstrating how the concussion has impacted your life, and negotiating with the responsible party or their insurance company.

 

Proving Negligence in a Concussion Lawsuit: Key Evidence

Medical Documentation

Medical records, including diagnostic tests and doctors’ notes, are essential in proving that the concussion resulted from the car accident. These documents demonstrate the severity of your injury and its impact on your life.

Eyewitness Accounts

Witness statements can corroborate your version of the accident. Their observations about the other driver’s behavior before the crash can be invaluable in proving negligence.

Expert Testimony

Medical experts can explain the link between your concussion and the accident. They can also outline the long-term effects of your injury, providing crucial support for your claim.

 

Frequently Asked Questions (FAQs) 

What is the average settlement for a concussion after a car accident in NJ?

The average settlement for a concussion after a car accident in New Jersey can vary widely based on the severity of the injury, the impact on your daily life, medical expenses, and whether long-term complications are involved. Mild concussion cases may result in settlements ranging from $20,000 to $50,000, while more severe or long-lasting cases can reach $100,000 or more. Consulting with an attorney is crucial to accurately assess your specific situation and potential compensation.

How do I prove my concussion was caused by a car accident?

To prove that your concussion resulted from a car accident, you will need strong evidence linking the accident to your injury. This includes medical records that document the concussion diagnosis, police reports detailing the accident, eyewitness statements corroborating your account, and expert medical testimony explaining the connection between the impact and your symptoms. Photographic evidence of the accident scene and vehicle damage can also support your claim.

Can I file a lawsuit if my concussion symptoms appeared weeks after the accident?

Yes, it is possible to file a lawsuit even if your symptoms appeared weeks after the accident. Concussion symptoms can develop over time, especially if the initial injury was not immediately apparent. However, it is essential to seek medical evaluation as soon as symptoms emerge to establish a documented timeline. An attorney can help demonstrate that the delayed symptoms are directly linked to the car accident.

What kind of lawyer handles concussion injury cases in New Jersey?

A personal injury attorney specializing in car accident injuries and traumatic brain injuries (TBIs) typically handles concussion cases. These lawyers have experience in dealing with insurance companies, gathering medical evidence, and negotiating settlements. They are also equipped to take your case to court if a fair settlement cannot be reached.

Is it hard to win a concussion lawsuit after a car accident?

Winning a concussion lawsuit can be challenging, as it often requires proving that the injury was directly caused by the accident and not a pre-existing condition. Establishing negligence on the part of the other driver is also crucial. Success typically depends on the quality of evidence, medical documentation, and the expertise of your attorney. Working with a skilled lawyer who understands the complexities of concussion cases significantly improves your chances of a favorable outcome.

 

Contact The Epstein Law Firm, P.A., Today

If you or a loved one has suffered a concussion due to a car accident in New Jersey, do not delay seeking legal help. A skilled concussion injury attorney can guide you through the process, gather the necessary evidence, and advocate for the compensation you deserve. Taking prompt legal action protects your rights and helps you move forward after a traumatic injury. Contact The Epstein Law Firm, P.A., today to discuss your case and explore your options.