Concussions are a serious injury that shouldn't be taken lightly. That has become quite evident for many people following the multiple lawsuits that the NFL has faced from former players over this specific issue. In the past, head injuries that didn't involve a loss of consciousness or massive bleeding tended to be severely downplayed.
The typical treatment for a concussion involved laying low for a few days and trying to avoid both natural and artificial light. Some of the more "progressive" doctors of the past advised patients to refrain from watching TV for a few days. Thanks to the research that has gone into concussions over the last few years, however, these injuries are finally getting treated in accordance with how serious they can be.
Does this mean that the average settlement value of concussion injuries has gone up over that time span? It has quite a bit, and that's why it may make a lot of sense to know what a person may be entitled to if they suffer this type of injury.
The Nature of the Accident Will Likely Dictate Compensation
It's one thing to be involved in a car accident and another to take part in a minor ski incident. In each of these situations, there is a risk of brain injuries due to impacts to the head. People who have insurance will likely be able to have their medical expenses paid for, with a potential deductible coming out of their pocket in the second scenario. When it's a car accident, and there's a serious injury involved, things can get much more complicated.
In fact, compensation may not be the first thing that a person should be looking for, especially if they start experiencing post-concussion syndrome. As previously mentioned, medical professionals are currently more diligent when dealing with traumatic brain injuries. That means they'll likely run more tests and have the patient spend more time in the hospital, even after a seemingly minor issue.
Being extra careful is what most people want out of their doctors, but the problem is medical expenses can pile up. People who have a low limit on their medical insurance policy could get dangerously close to reaching it!
Is the Insurance Company Liable for Coverage Beyond the Policy's Limit?
There's a chance that a head injury that didn't seem so severe at first can escalate rather quickly. People who were actually discharged from the hospital could start experiencing concussion symptoms again even days after the incident. That's often a clear sign of post-concussion syndrome.
What happens then if medical bills start to pile up and the policyholder has some past medical expenses that make them close to reaching the policy's limit? According to Ohio law, the insurance company could still be required to cover the costs beyond the limits of the policy. In that situation, the person is likely going to have to file a personal injury claim.
That's going to be the case for situations involving sports injuries or car accidents. If a person is going to need ongoing medical care after a head injury, it's in their best interest to look into the possibilities that they'll have to cover their medical expenses.
What Happens if a Mild Traumatic Brain Injury is the Diagnosis?
Medical experts are typically going to be involved in the process before the legal experts. In these situations, a doctor can heavily dictate how a potential legal battle will play out. People diagnosed with even mild traumatic brain injury (TBI) may experience symptoms that are going to keep them away from work.
When there's potential for lost wages after a severe injury, there's a good chance that a personal injury case will take place. This is especially the case if the injury occurred at work, an accident took place while going to work, or an activity related to that person's employment.
People who are dealing with post-concussion syndrome could be experiencing blurred vision or even permanent pain. It's in their best interest, again, to explore the options that are available to them, particularly if they need to recover damages of any kind.
Does Liability in a Car Accident Limit Compensation?
Yes, Ohio is one of those states that typically pins all blame and liability on the at-fault party in an accident. That includes the medical bills of the person who was injured in an accident. How much compensation can a person expect to obtain in an accident where they sustained a concussion?
When a person sustains a concussion that is not debilitating and won't be causing long-term pain and suffering, the average settlement in Ohio is about $20,000. That amount typically covers the medical bills that a person would incur due to the accident.
If the brain injury that results from the accident is more severe, the at-fault party could be looking at much steeper payments. This will especially be the case if the at-fault driver was drunk or speeding. The true answer to the question of how much compensation one can receive depends on the severity of the injuries.
Personal Injury Cases with a Concussion Diagnosis - Is it Worth it to Go to Court?
There are multiple instances where it's worth it to file a personal injury claim over a concussion. It's not just about the settlement value, either. Construction accidents that lead to brain injuries are an obvious example where it makes sense to file a personal injury claim.
In this situation, there's likely to be lost wages, and therefore, settlement amounts can vary depending on the amount of time that an employee is unable to return to work. Post-concussion syndrome can be just as debilitating as other injuries that may be sustained at work. Some people still get the sense that getting a concussion is not a big deal, and that actually limits their ability to obtain recovery compensation.
If the bills are piling up and the limit to the insurance policy is creeping up on someone, they may also have no other choice but to file a personal injury lawsuit. The injured person in that situation may not be looking for settlement compensation but a way to continue getting treatment. Brain injuries are no laughing matter. They can truly be a life-threatening situation and definitely shouldn't be overlooked.
Getting Advice from a Personal Injury Lawyer
The first reason why it makes sense to talk to an experienced personal injury attorney after being in an accident is that they'll likely be able to provide the injured person with options. Going to a free consultation with an experienced attorney doesn't mean that personal injury claims are going to be filed the next day. Many injured workers want to be very cautious with that for obvious reasons.
These consultations with a personal injury lawyer are a great way for people from all walks of life to learn about their rights. In many situations, insurance companies give people poor compensation just because that person wasn't aware of what they may have been entitled to. Brain injury situations may be some of the trickiest to navigate at all levels.
People dealing with post-concussion syndrome could feel fine one day and not so much the next day, but they've pushed themselves to get back to work. Talking to a lawyer could actually help workers time their return to work just right. That's true, even if they're not going to go to court to fight for a personal injury settlement.
Final Thoughts
Concussions should not be taken as lightly as soft tissue injuries or other ailments that most people are typically willing to push through. Unfortunately, since there's still a lot that people don't know about the consequences of head trauma, it sometimes seems weird to miss work or request compensation over what seems like a minor issue. The mental anguish, however, that could come as a result of a serious head injury can have a significant impact on a person's life.
It's obvious that the role of an experienced lawyer in these situations is to shed light on the legal avenues that their client has to obtain rightful compensation. They're also able to provide details on an average settlement for back injury Ohio. When it comes to these types of injuries, lawyers can actually also help a person understand what reasonable care for these injuries looks like, at least under the law.
One of the biggest issues that people with these types of injuries face is not knowing how to react, particularly towards their employers. Head injuries have traditionally been issues that people have been willing to pull through and not make a fuss about. Now we know, though, that they may be some of the more serious issues that people could come across.
Anyone who's been in an accident and has suffered some type of head trauma can really benefit from understanding what their rights are and how they can move forward. Showing up to that free consultation could be one of the best decisions that they make. At the very least, they'll get a better sense of how to navigate the situation.