After a car accident, you can take specific actions to protect your health and your right to compensation. These steps require meticulous documentation, careful communication with insurance companies, and securing legal guidance to build a strong personal injury claim.
After you hit your head in an auto accident, you need to actively safeguard your ability to recover financially from the harm someone else caused. A San Antonio car crash lawyer can help you get started and lead the way toward compensation.
Key Takeaways for Head Injury in a Car Accident
- Continue to monitor your symptoms closely, as signs of a head injury can appear hours or even days after the initial impact.
- Document every detail of your physical symptoms, emotional state, and any cognitive difficulties you experience in a daily journal.
- Keep precise records of all medical visits, treatments, and associated costs, as these documents form the backbone of your claim.
- Avoid giving a recorded statement to any insurance adjuster without first consulting a personal injury attorney.
- Recognize that even a seemingly minor head impact can lead to a serious traumatic brain injury that affects your ability to work and live your life.
The Latent Threat of Post-Accident Head Injuries
A collision on I-10 or Loop 410 can change your life in an instant. The impact can jolt your head violently, causing your brain to strike the inside of your skull.
While you may have walked away from the scene feeling dazed but generally okay, some of the most serious symptoms may not have appeared yet. This delayed onset presents a significant challenge for accident victims.
Days or weeks later, you might notice persistent headaches, dizziness, or difficulty concentrating at work. You may experience uncharacteristic irritability or struggle to recall simple things. These are all potential indicators of a traumatic brain injury (TBI).
Ignoring these signs or attributing them solely to stress from the accident can jeopardize both your health and your legal claim. Insurance adjusters look for any reason to argue that your condition is unrelated to the crash.
Following up with medical professionals about every new or worsening symptom creates a clear record that connects your injuries directly to the at-fault driver's negligence.
Protecting Your Right To Seek Compensation
Building a successful head injury claim in Texas requires a foundation of strong evidence. Your memory of the event provides a starting point, but tangible documentation is what compels an insurance company to offer a fair settlement.
Begin by methodically recording how the injury impacts your daily existence. Create a comprehensive file that shows a claims adjuster, and potentially a jury, the full scope of your losses.
This evidence must paint a clear picture of your life before and after the collision, leaving no room for speculation about the severity of your injuries. Each document serves as a building block in your case for full and fair compensation.
Medical Documentation Establishes the Injury
Your medical records are the most critical component of your head injury claim. They provide an objective, professional account of your condition and treatment. To strengthen this evidence, you need to attend every follow-up appointment your doctor recommends.
Common types of crucial medical proof include:
- Initial Emergency Room Records: These records document your condition immediately following your car crash.
- Neurological Examination Results: Reports from a neurologist detail the extent of your cognitive or motor function impairments.
- Diagnostic Imaging Scans: While MRIs and CT scans don’t always show a concussion, they can rule out more severe injuries like brain bleeds.
- Follow-Up Visit Notes: Your primary care physician’s notes show the progression of your symptoms and the ongoing nature of your treatment.
A Personal Journal Details Your Experience
A daily journal is your personal record of the injury’s impact on your life. This log captures the day-to-day struggles that medical records alone cannot fully convey. It translates medical diagnoses into real-world challenges.
Your journal entries add a human element to your claim. You can use this space to describe how a constant headache prevents you from playing with your children at Brackenridge Park or how memory lapses affect your job performance.
Make a note of every sleepless night, every bout of dizziness, and every moment of frustration or confusion. This detailed account becomes powerful evidence of your pain and suffering.
Financial Records Prove Your Losses
A head injury creates significant financial strain, and you need to meticulously document every financial loss tied to the collision. An organized approach ensures you can pursue recovery for every penny you lost due to the other driver's actions.
Keep a dedicated file for all of your accident-related financial documents. This detailed accounting demonstrates the monetary damages you have incurred and helps project your future financial needs.
Dealing With Insurance Adjusters After a Head Injury
Soon after your car wreck, an adjuster from the at-fault driver's insurance company will likely contact you. The adjuster’s goal is to resolve your claim for the lowest possible amount. It’s important to approach these conversations with caution.
They use specific tactics to achieve this, particularly with head injury claims where the full extent of the damage isn’t immediately obvious.
Common adjuster tactics include:
- Requesting a Recorded Statement: They may ask you to describe the accident and your injuries on the record, hoping to find inconsistencies or admissions they can use against you.
- Making a Quick Settlement Offer: An adjuster may present a low, early offer before you understand the long-term consequences of your head injury, aiming to close the claim for less than its full value.
- Questioning Your Medical Care: They may dispute the necessity or cost of your treatments to reduce the amount the insurance company has to pay.
- Using Your Words Against You: Adjusters are trained to ask questions designed to elicit responses that can weaken your claim, such as downplaying the severity of your symptoms.
Anything you say can be misinterpreted or used out of context to argue that your injuries aren’t as severe as you claim or that you bear some responsibility for the accident.
5 Steps To Protect Your Head Injury Claim
After a car accident in San Antonio, specific actions can fortify your personal injury claim. If you have already addressed your immediate medical needs, focus on establishing a solid financial foundation for recovery.
These actions create a clear and organized record for your attorney and the insurance company:
- Report the Accident: If you haven't already, ensure that a police report is filed with the San Antonio Police Department or the Bexar County Sheriff's Office.
- Organize Your Documents: Create a single folder for all crash-related documents, including medical bills, repair estimates, and letters from insurance companies.
- Continue All Medical Treatments: Follow your doctor’s treatment plan exactly. Gaps in treatment give an insurance adjuster a reason to argue your injuries aren’t serious.
- Track All Your Expenses: Keep every receipt for out-of-pocket costs, such as prescription co-pays and transportation to medical appointments.
- Contact a Car Accident Attorney: A San Antonio car accident lawyer can take over communication with the insurance company and handle the complexities of your claim while you focus on your recovery.
How a Lawyer Can Help You After Sustaining a Head Injury in a Car Accident?
A personal injury lawyer can manage every aspect of your head injury claim. They work to protect your rights and pursue the maximum compensation available under Texas law. Their involvement allows you to focus on your health without the added stress of legal deadlines and negotiations.
Here is how a lawyer assists with your case:
- Investigation: Your attorney gathers all evidence, including police reports, witness statements, and traffic camera footage, to establish the other driver's fault.
- Evidence Collection: They work with your medical providers to obtain all necessary records that document the extent and impact of your head injury.
- Damage Calculation: A legal professional can calculate the full value of your claim, accounting for current and future medical bills, lost wages, and your non-economic damages.
- Insurance Negotiation: Your car accident lawyer handles all communications with the insurance adjuster, presenting your case and negotiating for a fair settlement.
- Litigation: If the insurance company refuses to offer a reasonable settlement, your attorney can file a lawsuit and represent you in court.
FAQ for What Can You Do After You Hit Your Head in a Car Accident?
How Long Do I Have To File a Head Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the wreck. A court will almost certainly dismiss your case if you attempt to file it after this deadline passes.
It’s beneficial to start the process much sooner to give your personal injury attorney the best chance at preserving evidence and building the strongest possible case.
What Kind of Settlement Can You Expect for a Head Injury?
The settlement amount for a head injury depends entirely on the specific facts of the case. A settlement calculation considers factors such as the severity of the injury, the total cost of medical treatment, the amount of lost income, and the long-term impact on your quality of life.
An attorney can analyze these factors to determine a fair valuation for your specific claim.
What if My Head Injury Symptoms Didn’t Appear Right Away?
Delayed symptoms are common with head injuries like concussions. As long as you seek medical attention as soon as you notice symptoms and a doctor links them to the car accident, you can still pursue a claim.
This situation highlights the importance of not accepting an early settlement offer before the full extent of your injuries becomes clear.
How Does a Car Accident Lawyer Prove the Other Driver Caused the Accident?
A lawyer proves another driver’s fault by demonstrating negligence. This process involves collecting and analyzing evidence to show that the at-fault party had a duty to drive safely, breached that duty, and caused the accident that resulted in your head injury.
Evidence frequently used to prove fault includes the following:
- Police Reports: These provide an official account of the accident scene and any citations issued.
- Eyewitness Testimony: Statements from other drivers or pedestrians who saw the crash help establish what happened.
- Video Footage: Security or traffic camera recordings can offer indisputable proof of another driver's carelessness.
After a Car Wreck, What Can I Do if the Insurer Blames Me?
An insurance company may try to assign you a portion of the blame to reduce the amount they have to pay based on Texas's proportionate responsibility laws. A personal injury attorney counters these arguments by presenting evidence that clearly establishes the other driver's fault.
Your lawyer can defend you against unfair accusations and work to protect your right to full compensation.
Let Us Start Building Your Case Today
From the moment you begin to suspect your head injury is affecting your life, your focus must shift to creating a thorough and undeniable record of its impact. Medical charts, lost wages, and a personal diary of your struggles transform your experience into objective evidence.
By diligently chronicling your journey, you take control of your narrative and build the foundation for a just resolution. Don’t let an insurance company dictate the value of your health and well-being.
Take the first step toward protecting your future by calling Lorenz & Lorenz, PLLC, at (512) 477-7333 for a free consultation.