When you suffer severe injuries in a Florida car accident, you could have the right to file a personal injury claim outside of the state’s no-fault system. That means you could receive compensation for your injuries and other damages, such as pain and suffering.
If you sustained a concussion in the accident, you likely want to know what your case is worth. A car accident concussion settlement will vary in every case. Contact a Florida car accident lawyer at Nonni Homola to discuss the potential value of your claim.
Please send us an online message or call (850) 601-1111 today for a free consultation.
Average Settlement for a Concussion
It’s impossible to share average concussion settlement amounts because various factors impact what every accident case is worth. The severity of your concussion is one of the most influential factors. Liability, damages, and available coverage also play a significant role in determining a concussion settlement in a car accident. Here is a look at how these factors impact your case value.
The Severity of Your Injuries
The more severe your concussion is, the more compensation you could receive. Someone with a concussion that eventually resolves with no lasting symptoms would likely have a lower case value than someone with post-concussion syndrome with residual complaints.
The more severe your concussion is, the more likely you will require future medical treatment. Or, you might not be able to return to your former career or work full-time again. These variables can lead to increased losses, which impacts your damages.
Damages
Your damages also impact case value. Damages are tangible and intangible losses resulting from your concussion and other injuries. Examples of damages include medical expenses, pain and suffering, disability from work, and more.
The higher your losses, the more your case could be worth. If you have a severe concussion, you might have ongoing issues that result in anticipated future medical expenses or a loss of earning capacity. The severity of your concussion and your damages go hand-in-hand.
Liability
Liability also plays a significant role in determining concussion settlement amounts. Once you step outside the no-fault system, you must prove the defendant is responsible for your injuries.
Negligence laws in Florida allow you to recover compensation, even if you are partially at fault. However, your total payment will be reduced by your percentage of fault. If you’re 20% at fault, you might receive 80% of your damages. If you’re 75% at fault, the maximum you could receive is 25%.
Because of comparative negligence, the other driver’s insurance company will argue you have the highest percentage of liability. The more liability they can place on you, the less the insurance company pays. Comparative negligence is why you can have two similar injuries but vastly different car accident concussion settlement amounts.
Available Coverage
When you step outside Florida’s no-fault system, your potential recovery also depends on the available insurance coverage from the liable parties. For example, if the negligent party is a truck driver employed by a large trucking company, the available insurance coverage might be significantly higher.
Should the available coverage still not be enough to cover your entire claim, you can look for additional avenues of recovery. There might be other responsible parties, or you can make an underinsured motorist claim (UIM) under your own policy if you have the coverage.
Symptoms of Post-Concussion Syndrome
A concussion is considered a mild traumatic brain injury.
However, some people have residual complaints after a head injury. Post-concussion syndrome is when your symptoms last beyond the expected recovery period.
Symptoms vary, but some of the most common complaints include:
- Headaches,
- Dizziness,
- Sensitivity to light and noise,
- Difficulty sleeping,
- Blurry vision,
- Fatigue,
- Ringing in the ears,
- Anxiety,
- Irritability,
- Memory issues, and
- Concentration problems.
While uncommon, some victims have also reported a loss of smell and taste.
Anyone is at risk of developing post-concussion syndrome after an accident in Florida. These symptoms can significantly disrupt your life, and predicting the possible recovery period is challenging. If you suspect post-concussion syndrome, it’s crucial to seek medical treatment right away. Do not delay treatment because you assume the symptoms will resolve on their own.
Examples of Brain Injury and Concussion from Car Accident Settlements
It’s good to look at examples of actual brain injury settlements to understand how settlements and trial verdicts can vary. At Nonni Homola, we’ve resolved multiple head injury cases.
We negotiated a pre-trial settlement for $250,000 for a college student who suffered a traumatic brain injury in a head-on car crash. The defendant was drunk and driving the wrong way on the interstate. In another case, we negotiated a $115,000 pre-trial settlement for a car accident brain injury. The victim had a significant head injury, but this was the maximum insurance coverage available.
Here are several examples from other law firms in different states. Some of these results are lower than our firm sees. That’s because claims solely involving a concussion aren’t likely to resolve for as much as one involving a severe brain injury and other related injuries.
In Maryland, a victim was broadsided at a red light and suffered soft tissue injuries and a concussion. The other driver’s insurance only offered $31,000 but later tendered their entire $100,000 policy before trial.
In another case, a Washington jury awarded a car accident victim almost $26,000 after they suffered a concussion and brief loss of consciousness in a rear-end accident. The jury awarded nearly $6,000 in medical expenses and $20,000 in pain and suffering. During a Nevada car accident case involving a minor child who suffered a concussion, the court approved a $25,000 settlement.
Tips for Improving Your Potential Compensation in a Car Accident Concussion Settlement
What you do immediately after your car accident can impact your potential compensation in a personal injury claim. Because Florida is a no-fault state, people don’t often think about how their actions affect liability claims. It’s essential to watch what you say at the scene.
Don’t say something like you’re sorry, as the other driver’s insurance company might try to use that against you later. The same goes for any requests for a recorded statement from the insurance adjuster. Don’t agree to give a recorded statement without speaking to an experienced Florida car accident lawyer first.
At the scene of the accident, take scene photos if possible. Do not put your health at further risk, though. Only take photos if you can safely do so. Get pictures of vehicle damage, debris, skid marks, and the surrounding scene. These photos can be crucial evidence in a liability lawsuit.
Be mindful that liability claims are subject to Florida’s statute of limitations. In most accidents, you only have two years to bring a lawsuit for your concussion injury. Failure to file within the allotted time frame means the court will likely dismiss your case entirely.
Contact a Florida Personal Injury Lawyer to Discuss Your Potential Concussion Settlement
If you have questions about what a fair post-concussion syndrome car accident settlement is, contact the Florida personal injury lawyers at Nonni Homola.
Our attorneys have decades of experience and will review your case. We recognize what a frustrating and emotional experience this is. Concentrate on your recovery, and let us handle the complicated legal issues. You need a legal advocate to fight for you.
If you were injured in an auto accident or have been diagnosed with post-concussion syndrome, please schedule a free consultation to learn how we can help.
Call (850) 601-1111 or reach us online today to get started.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
Loading...