Brain Injury After A Car Accident: What You Need To Know
In Michigan, a brain injury from a car accident often occurs when the force of impact causes the brain to shift or strike the inside of the skull. These impairments can trigger symptoms such as headaches, dizziness, confusion, nausea, and sensitivity to light or sound. It’s essential to seek medical care right away if you notice any warning signs. Trauma can range from mild concussions to severe damage involving loss of consciousness, seizures, or internal bleeding. Treatment depends on the extent of the harm—rest and monitoring may be enough for minor impairments, while more serious cases may require emergency intervention and ongoing neurological care.
If you have suffered a brain injury after a car accident in Michigan, you are able to recover compensation and pain and suffering damages from the at-fault driver responsible for the crash. You can also recover No-Fault insurance benefits to pay medical bills and lost wages, replacement services and other economic loss damages.
An experienced attorney will protect your ability to receive care and your legal rights, and can help you get the best possible settlement for your claim.
What are the symptoms of a brain injury after a car accident in Michigan?
In Michigan, after a car accident, symptoms of a brain injury can cause physical, cognitive, and emotional symptoms. Physically, this may include headaches, nausea, dizziness, balance problems, blurred vision, light or sound sensitivity, or seizures, with severe cases involving loss of consciousness, slurred speech, or unequal pupils. Cognitively, confusion, memory issues, difficulty concentrating, and slowed reaction time are common. Emotional changes can include mood swings, unusual behavior, or personality shifts. Any of these signs after a crash warrant immediate medical attention.
What are the types of brain injuries from car accidents in Michigan?
Brain injuries from car accidents in Michigan can range from mild to severe and include concussions, contusions (bruising of the brain), diffuse axonal damage (damage from rapid movement of the brain), penetrating impairments, hematomas or internal bleeding, and anoxic or hypoxic trauma caused by lack of oxygen. Symptoms and long-term effects vary depending on the type and severity, making prompt medical evaluation and documentation essential for proper treatment, recovery, and any potential insurance or legal claims.
Statistics
In Michigan, 30% of all traumatic brain injuries are from car accidents. (Michigan Department of Health and Human Services) Nationwide, motor vehicle crashes are one of the leading causes of closed head injury-related deaths and hospitalizations overall.
Here is more detail about national statistics for a closed head damage after a crash:
- For children between the ages of 0-17, automobile crashes were a leading cause of closed head damage-related death (CDC)
- Rates of TBI-related deaths attributable to motor vehicle crashes were highest among those aged 15-24 years (CDC)
What to do after a brain injury from a car accident in Michigan?
In Michigan, if you suspect a brain injury after a car accident, seek medical attention immediately, even for mild symptoms. Follow your doctor’s advice, rest, and avoid activities that risk another closed head impairment. Monitor and document symptoms carefully, and keep records of the crash and treatment for insurance or legal purposes. Here are more details on the steps you should take next.
Seek immediate medical attention
In Michigan, after a car accident, it is crucial to seek immediate medical attention if you suspect a brain injury. Even mild symptoms can become more serious over time, so prompt evaluation by a medical professional is essential. Go to the emergency room right away if any symptoms appear or worsen. Early care can help prevent complications and ensure proper treatment, whether the damage is mild, like a concussion, or more severe.
Certain signs indicate a medical emergency and require urgent attention. These include loss of consciousness or difficulty waking, seizures or convulsions, slurred speech, persistent or worsening headaches, vomiting or nausea, weakness or numbness, and increasing confusion. If any of these occur after a crash, immediate emergency care can be critical for preventing long-term damage and supporting recovery.
Follow medical advice
In Michigan, after a brain injury from a car accident, it is essential to follow all medical advice closely. Even if symptoms seem mild at first, your healthcare provider’s instructions are designed to prevent complications and promote proper healing. This may include rest, avoiding physically demanding activities, taking prescribed medications, and attending follow-up appointments. Adhering to these recommendations can help reduce the risk of worsening symptoms and support a safer, faster recovery.
Following medical guidance also means monitoring your symptoms and reporting changes promptly. Keep track of headaches, dizziness, confusion, memory issues, or emotional changes, and share these updates with your doctor. By staying proactive and communicating openly with your healthcare team, you ensure that any potential complications are addressed quickly and that your recovery stays on track.
Document your trauma and treatment
In Michigan, after a brain injury from a car accident, it’s important to carefully document all trauma and medical treatment. Keep detailed records of your symptoms, doctor visits, test results, medications, and prescribed therapies. This information not only helps your healthcare providers track your recovery but also ensures that any changes in your condition are noticed and addressed promptly.
Thorough documentation is also critical if you pursue insurance claims or legal action. Detailed records can support compensation for medical expenses, lost wages, and other damages. Maintaining organized notes, medical bills, and treatment summaries provides clear evidence of the impact of the trauma and strengthens your case for proper care and recovery.
Notify your insurance company
In Michigan, after a brain injury from a car accident, it’s important to notify your insurance company promptly. Provide accurate details about the crash and the resulting trauma, and submit any medical documentation your provider requests. Timely reporting helps ensure your claim is processed correctly and can prevent delays in coverage for medical bills and other expenses.
Keeping your insurance company informed also allows for proper coordination of care and benefits. By sharing updates on your treatment and recovery, you help ensure that all necessary medical services are covered and that you receive the support you need. Accurate, organized communication can make a significant difference in protecting your rights and securing the compensation you are entitled to.
Consult a lawyer
If you suffer a brain injury in a crash in Michigan, it’s wise to consult an experienced car accident lawyer as soon as possible. Closed head trauma can lead to significant medical expenses, lost wages, and long-term effects on your quality of life. A qualified attorney can help you understand your legal rights, guide you through the claims process, and ensure that insurance companies handle your case fairly. Early consultation can also help preserve important evidence and strengthen your potential claim.
Working with an experienced and trusted attorney ensures you have professional guidance throughout your recovery and any legal proceedings. They can assist in gathering medical records, documenting damages, negotiating with insurers, and pursuing compensation for both current and future needs related to your trauma. Having legal support allows you to focus on your health and recovery while protecting your financial and legal interests after a serious crash.
Monitor symptoms and recovery
After a brain injury from a car accident, it is essential to closely monitor your symptoms and track your recovery. Keep a detailed record of any physical, cognitive, or emotional changes, including headaches, dizziness, memory issues, mood swings, or confusion. Tracking these changes helps your healthcare provider assess your progress, adjust treatment plans, and identify potential complications early, ensuring you receive the care you need.
Monitoring your recovery also helps you communicate effectively with medical professionals and document your condition for insurance or legal purposes. By noting when symptoms improve or worsen, you provide a clear picture of the trauma’s impact over time. Consistent observation and reporting can help prevent setbacks, support a smoother recovery, and ensure that any necessary long-term care is addressed promptly.
Can I sue if I suffered a brain injury from a car accident in Michigan?
in Michigan, you may be able to pursue a lawsuit if you suffer a brain injury from a car accident, but the specifics depend on the circumstances of the crash. Our state is a no-fault auto insurance state, which means your own insurance typically covers medical bills and lost wages regardless of who caused the crash. However, you can file a personal injury lawsuit against the at-fault driver if your injuries meet certain thresholds, such as:
- Serious impairment of body function – Trauma that significantly limit your ability to carry out daily activities or work.
- Permanent serious disfigurement – Trauma that cause lasting physical changes.
A lawsuit can help you recover additional compensation for medical expenses, lost wages, pain and suffering, and long-term impacts that exceed what no-fault insurance covers. Consulting an experienced lawyer is important to determine whether your case meets the legal requirements and to guide you through the claims or litigation process.
What are the statute of limitaions for filing a lawsuit?
In Michigan, the statute of limitations for filing a lawsuit for pain and suffering, including a brain injury from a car accident, is generally three years from the date of the crash (MCL 600.5805(2)). This means you must file your claim within three years of the crash, or you may lose your legal right to seek compensation.
There are a few exceptions that can affect this timeline, such as cases involving government entities, minors, or situations where the trauma was not immediately discovered. Because these rules can be complex, it’s important to consult a lawyer to ensure your claim is filed on time and your rights are fully protected.
What types of compensation can I get from a brain injury after a car accident in Michigan?
If you suffer a brain injury in a car accident in Michigan, you may be eligible for various types of compensation to cover both immediate and long-term impacts. Common categories include:
- Medical expenses – Compensation for hospital bills, doctor visits, diagnostic tests, medications, rehabilitation, and ongoing care related to the closed head trauma.
- Lost wages – Reimbursement for income lost due to time off work while recovering. This can also include reduced earning capacity if the trauma affects your ability to work in the future.
- Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life caused by the trauma.
- Permanent disability or impairment – If the closed head trauma causes long-term or permanent limitations, you may be eligible for additional damages to account for lifelong challenges.
- Other related expenses – This can include costs for home modifications, assistive devices, transportation to medical appointments, or personal care services needed due to the trauma.
Pursuing full compensation often requires careful documentation of medical treatment, lost wages, and the overall impact on your life. Consulting an experienced attorney can help ensure you receive the maximum recovery you are entitled to.
How long do i have to file a claim for No-Fault insurance benefits?
In Michigan, if you are seeking no-fault insurance benefits for a brain injury after a car accident, you generally have one year from the date of the crash to file a claim with your own insurance company. This is governed by Michigan’s no-fault law (MCL 500.3145).
It’s important to act quickly because no-fault claims cover essential expenses like medical bills, rehabilitation, and lost wages, and filing within the one-year window ensures you don’t risk losing these benefits. Consulting an experienced attorney can help make sure your claim is filed correctly and all benefits you are entitled to are properly pursued.
Treatment for brain injuries from car accidents in Michigan
In Michigan, treatment for brain injuries from car accidents depends on severity. Mild TBIs are often managed with rest and pain medication for symptoms like headaches. Moderate to severe TBIs may require hospitalization, sometimes in a neurocritical care unit, with medications to control pain, seizures, swelling, or intracranial pressure. Long-term care can include physical therapy, cognitive rehabilitation, and mental health support to aid recovery and improve quality of life.
What is the average settlement for a brain injury after a car accident in Michigan?
In Michigan, a settlement for a brain injury after a car accident varies widely based on factors such as the severity of the injury, medical expenses, lost wages, long-term care needs, and the impact on quality of life. Mild injuries may result in shorter recovery and lower compensation, while moderate to severe injuries that cause lasting impairment or require ongoing treatment typically lead to larger settlements. Each case is unique, and outcomes also depend on clear documentation of the injury, liability, and negotiation with insurance companies. Consulting an experienced attorney can help ensure that you pursue the full compensation you are entitled to.
How long does a settlement take?
The time it takes to resolve a settlement can vary widely depending on factors such as the severity of the trauma, the complexity of the case, insurance negotiations, and whether liability is disputed. Minor cases with clear liability and straightforward medical records may be resolved in a few months, while more complex or severe cases—especially those involving long-term care, permanent disability, or contested insurance claims—can take a year or more.
It’s important to remember that settlements are often delayed until the full extent of the damage and recovery is known, so your medical treatment and prognosis are fully documented. Working with an experienced attorney can help streamline the process, ensure all damages are accounted for, and maximize the compensation you receive.
Choosing the right lawyer for a brain injury after a car accident in Michigan
As a lawyer who has helped many people who have suffered a brain injury after a car accident, one of the most important things a person can do is to hire an experienced lawyer who understands the medicine of closed head injuries and who has a track record of success with these types of cases. With the right lawyer, your case will settle for more money and faster but more importantly, you will receive the medical care and treatment to make the best possible recovery after your injury.
Unlike a general practice attorney, an experienced closed lawyer will know how to first identify your closed head trauma symptoms. This is important as peer-reviewed journal articles show that a closed head trauam is missed in hospital emergency rooms between 56-85% of the time.
An experienced lawyer will also not be fooled by an insurance company doctor’s IME report that dismisses the consequences of closed head trauma as “mild,” understanding that mild is a medical classification and may have no bearing on long-term disability and how serious the impairments can be.
An experienced lawyer understands that when the insurance company wants to deny your claim because your MRI or CT scan is normal, that a normal MRI or CT will not show most closed head trauma. Many if not most closed head traumas involve diffuse axonal impairments and won’t show up on an MRI or a CT scan.
The insurance industry’s own data shows that a person who is represented by an experienced attorney who has been successful at helping people who have suffered closed head damage after a crash recovers significantly more than a person who is not.
Why choose the car accident lawyers at Michigan Auto Law for my brain injury case?
Choosing the lawyer is critical if you’ve suffered a brain injury in a car accident, and Michigan Auto Law stands out for its unmatched experience and results. With over 50 years of protecting clients with closed head impairments, our firm has secured life-changing medical care and record-setting settlements and verdicts for people involved in automobile crashes. This extensive experience translates directly into real-world results for our clients, ensuring they get the support and compensation they need during a challenging time.
We are also uniquely recognized for our expertise in closed head injury law. Michigan Auto Law is the only firm in the state endorsed by the Brain Injury Association of America and invited to speak at the North American Brain Injury Society, sharing insights on both the medical and legal aspects of closed head trauma with leading professionals worldwide. Additionally, our attorneys are active on the board of the Sarah Jane Project, supporting children with pediatric brain trauma. This combination of experience, recognition, and dedication makes us a trusted advocate for anyone facing the challenges of closed head trauma after a crash.
Did you or a loved one suffer closed head trauma after a crash and need a lawyer? Call our attorneys now for a free consultation!
If you or a loved one have suffered a brain injury after a car accident in Michigan and have questions about your legal rights to pain and suffering compensation, economic damages and No-Fault benefits, you can speak to an experienced automobile crash lawyer at (800) 968-1001 for a free consultation. You can also get help from our experienced attorneys by visiting our contact page or you can use the chat feature on our website.
For more than 50 years, our lawyers have been helping people like you who have suffered from closed head trauma after a crash. We understand the physical, emotional and psychological hardships you are experiencing from your crash.
We also have the skill, experience and know-how to protect you and your family and get you the best possible settlement for your case.
Attorney Steven Gursten is past-President of the American Association for Justice’s Traumatic Brain Injury Group and lectures to attorneys across the country on these types of cases. He also sits on the lawyer committee for the Sarah Jane Brain Project, which is dedicated to helping children with pediatric closed head trauma.
Steve has received the highest recorded jury verdicts and settlements for Michigan closed head trauma cases, according to Michigan Lawyers Weekly, including a $5.65 million verdict, a $4.2 million verdict and a $2.5 million settlement. All of those cases had defense offers of only $100,000-$250,000.
