Concussion from Car Accident: Settlement Amounts
Concussions are serious injuries that many people struggle to recover from.
Usually caused by an impact to the head, a concussion leaves many people with cognitive difficulties and headaches.
Examples include memory issues, an inability to concentrate, trouble reading, and more.
A concussion from a car accident can take months or even years to resolve, and post-concussion symptoms often impede a person’s ability to return to work. In the worst cases, the negative effects can be permanent.
If you have suffered a concussion from a car accident, you are probably eager to secure a settlement that will help with your expenses. As experienced Denver brain injury attorneys, we will walk you through how to calculate your likely settlement value.
How Concussion Settlement Amounts Are Calculated
Colorado law relieves accident victims of having to shoulder the economic fallout from a car accident. Instead, the law places responsibility for paying out compensation on the shoulders of the person at fault for the accident.
If you were hit, you might qualify for compensation that covers:
Medical care to treat your concussion. This can include diagnostic tests, time in the hospital, and the cost of prescription drugs. You can also receive money to pay for any rehabilitation.
- Lost wages, if you couldn’t work because of your concussion.
- Repairs to fix your damaged car.
- Pain and suffering, for the physical pain and inconvenience you feel from the concussion.
- Physical Impairment and disfigurement.
- Emotional distress, for the emotional fallout from the concussion.
An attorney can help you calculate these amounts. Things like medical care, lost wages, and property damage are easy to value: take out your receipts, pay stubs, and bills. Add up the amounts.
Pain and suffering and/or emotional distress doesn’t have a market value, so these are subjective. However, attorneys can rely on their experience to estimate an amount you receive.
Are there Limitations on Your Post-Concussion Syndrome Settlement Value?
Yes, there are several. One common limitation is the amount of insurance that the at-fault driver carries.
Colorado only requires that motorists carry $25,000 per person in bodily injury liability insurance, up to millions (with up to 50,000 per incident). You are required to sue the other driver to recover any money at all, even if your injuries are more expensive than what their insurance policy covers. This may be difficult if the negligent driver doesn’t have any assets to pay out a court judgment.
You may also make a claim even if you have underinsured motorist (UIM) or uninsured motorist (UM) insurance coverage.
Sometimes, victims contribute to their own accidents. For example, a motorist might have been speeding but you also pulled out in front of them. Colorado law will reduce the amount you receive by your own percentage of fault.
Contact an Experienced Car Accident Lawyer Today
Maximizing the amount of compensation a car accident victim receives requires a thorough, technical approach. At Denver Trial Lawyers ®, we have 175 years of combined experience helping concussion victims get the money they need to cover their medical and other expenses.