Your Next Steps if Someone You Love Has Suffered a Brain Injury from a Car Accident

Because of their nature, car accidents are among the most common causes of traumatic brain injuries (TBIs) in the United States. While some brain injuries are immediately apparent, others are subtle and delayed. These cause victims and their families to overlook important signs and symptoms until they become more severe. Have you or a loved one been in a catastrophic car accident? Know that a brain injury can affect every part of your life.  

At Morelli Law Firm, we understand how devastating these injuries are and how difficult it can be to prove the full impact of a brain injury in a legal claim. If you’ve lost memory, have hindered movement, seen a change in mood or personality, or lost the ability to work or care for yourself, you may be entitled to compensation for long-term care and suffering. 

What Is Considered a Brain Injury? 

A brain injury occurs when an external force disrupts the brain’s normal function. The Centers for Disease Control and Prevention (CDC) defines a traumatic brain injury (TBI) as a disruption caused by a bump, blow, jolt to the head, or a penetrating injury that affects brain function. Car accidents often result in both closed-head injuries, where the skull remains intact, and open-head injuries, where the skull is fractured or penetrated. 

TBIs are classified as: 

• Mild (commonly referred to as a concussion) 
• Moderate 
• Severe 

Even so-called “mild” TBIs can have serious long-term consequences, especially if they are not diagnosed or treated promptly. Mild TBIs are sometimes associated with an increased risk of neurological decline, depression, and dementia later in life. 

The Mechanism of Injury: How Car Accidents Cause TBIs 

Car accidents unfortunately create the ideal conditions for a brain injury to occur. These injuries can happen in any type of crash (rear-end, head-on, side-impact, rollover), and they often occur even when airbags deploy, or seat belts are used. The force of a collision, even at relatively low speeds, can cause the head to strike the steering wheel, window, headrest, or dashboard. These forces can cause the brain to move violently inside the skull, leading to internal bruising, bleeding, or shearing of nerve fibers. 

Some of the most common mechanisms of brain injury in auto accidents include: 

• Whiplash or sudden deceleration: Even without a direct blow to the head, rapid acceleration or deceleration can cause the brain to slam against the inside of the skull. 
• Blunt force trauma: Striking the head on part of the vehicle or being struck by flying debris can cause contusions, concussions, or skull fractures. 
• Ejection from the vehicle: When a victim is thrown from a vehicle during a crash, the likelihood of a severe brain injury increases dramatically. 
• Penetrating injuries: Glass shards or metal fragments can pierce the skull and damage brain tissue directly. 

Warning: Brain Injuries Are Not Always Immediately Obvious 

One of the most dangerous aspects of a TBI is that symptoms don’t always show up right away. Many victims walk away from a crash feeling “shaken up” but otherwise fine, only to experience cognitive, emotional, or physical changes in the days or weeks that follow. 

But there are common delayed symptoms of a brain injury, and it’s important that you look out for them in the days and weeks after an accident. These can include: 

• Persistent headaches 
• Dizziness or balance problems 
• Nausea or vomiting 
• Blurred vision 
• Difficulty concentrating or remembering things 
• Sleep disturbances 
• Mood swings, depression, or irritability 
• Sensitivity to light or sound 
• Slurred speech 
• Numbness or weakness in limbs 

Because these symptoms can often mimic stress or fatigue, which are quite common after a big accident, victims may not realize they’re related to a serious brain injury. 

The Long-Term Effects of a Brain Injury 

The long-term impact of a brain injury depends on its severity, the area of the brain affected, and the speed and quality of medical care. Some people recover fully. Others may face lifelong challenges, that include: 

• Cognitive impairment (difficulty thinking, remembering, or concentrating) 
• Physical disabilities (loss of coordination, mobility issues, chronic headaches) 
• Behavioral changes (depression, anxiety, aggression, mood disorders) 
• Speech or language difficulties 
• Inability to work or live independently 

In severe cases, victims require 24/7 care, extensive rehabilitation, or placement in assisted living facilities. The emotional and financial toll on families can be overwhelming. 

What Compensation Can You Recover in a Brain Injury Lawsuit? 

If your brain injury was caused by someone else’s negligence (driving while distracted or drunk, driving recklessly, etc.) you may be entitled to compensation through a personal injury lawsuit. Your compensation can include: 

• Medical expenses (emergency care, hospital bills, rehabilitation, future treatment) 
• Lost wages and loss of future earning capacity 
• Pain and suffering 
• Permanent disability 
• Loss of enjoyment of life 
• Home modifications or long-term care 
• Emotional distress 
• Punitive damages, in cases of gross negligence or egregious misconduct 

Don’t Wait to Take Legal Action 

Waiting too long to take legal action after a brain injury can be a serious mistake. Each state has a statute of limitations. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident, but cases involving government entities may have much shorter notice periods. 

Beyond legal deadlines, waiting also makes it harder to collect evidence, preserve witness statements, or establish a clear link between the crash and your injury. Insurance companies often try to argue that the injury was unrelated to the accident or caused by a preexisting condition. The sooner you consult with an experienced car accident attorney, the better your chances of building a strong case. 

Get Help After a Car Accident Brain Injury 

At Morelli Law Firm, we know that brain injuries can be catastrophic, both for the person injured and for the loved ones who care for them. Our experienced attorneys work with neurologists, rehabilitation experts, and economists to document the full impact of your injury and fight for maximum compensation. 

If you or a loved one has suffered a brain injury in a car accident, don’t wait to get the help you need. Brain injuries can be complex, long-lasting, and expensive. You don’t have to face the legal system alone. Contact our team for a free consultation today.