When car accidents cause long-term neurological damage in Illinois, victims can experience cognitive, motor, and emotional impairments. They may endure these impairments for years or even the rest of their lives. These challenges may prevent them from undertaking activities of daily living and lower their quality of life. You are entitled to compensation if your long-term neurological damage stemmed from a car accident caused by another person’s or entity’s negligence.
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While the compensation cannot return you to your pre-injury status, it can provide the finances to cover your treatment, rehabilitation, lost income, and other expenses arising from your injury. Note that car accident claims involving long-term neurological damage attract higher compensation, and insurance companies often hesitate to cover such claims. They may concentrate on immediate medical expenses and overlook future treatments, such as physical or cognitive therapy. A car accident lawyer can compel the insurer to give a payout that covers the full scope of your expenses and losses.
Did you or a loved one suffer long-term neurological damage in a car accident in Chicago, Illinois? Ankin Law has a well-equipped legal team to help you recover full compensation for your injuries. Call us at 312-600-0000 to schedule a free case evaluation.
How Car Accidents Cause Long-Term Neurological Damage
Most neurological disorders result from traumatic brain injuries. Head-on collisions and rear-end accidents rank among the four common types of car accidents that cause brain injuries. These crashes involve forces of impact that can cause traumatic nerve injuries in the brain and spine. The high impact may cause bruising, tearing, and compression of nerve fibers. That may lead to long-term loss of cognitive and nerve function.
Common Car Accident-Related Injuries that Cause Neurological Damage
Open Brain Injuries
An open brain injury occurs when an object hits the head with enough force to break or penetrate the skull. When the object embeds brain tissue, bleeding and swelling occur. Open head wounds need immediate medical attention to prevent permanent brain damage.
Closed Brain Injuries
Unlike an open head injury, a closed brain injury does not cause a skull fracture or breakage. It may be a concussion or contusion. Unfortunately, closed brain injuries aren’t readily noticeable after a collision, increasing the risk of going untreated.
Chronic Traumatic Encephalopathy (CTE)
Chronic traumatic encephalopathy (CTE) is a neurological disorder. People develop CTE after one or more head injuries. Crash victims with CTE experience various symptoms, such as confusion, loss of memory, and coordination issues.
Psychological Problems
Neurological damage can affect psychological health. A 2022 AURORA Health Survey found that over 27% of car crash victims exhibit symptoms of depression within twelve weeks after the collision.
A motor vehicle collision can be a life-threatening event. Many crash survivors experience Post-Traumatic Stress Disorder (PTSD). PTSD can trigger fearful responses to thoughts or scenes related to the accident.
Other injuries that can cause neurological disorders include:
- Spinal cord damage (e.g., herniated discs)
- Nerve root impingement
- Cranial nerve damage
- Peripheral nerve damage
- Autonomic nerve injury
Why Long-Term Brain and Nerve Injuries Increase Case Value
The severity of the injuries is one of the main factors that impact the value of a car accident claim. You are likely to suffer permanent disability after a car accident involving neurological damage. You may also develop psychological issues and experience changes in quality of life. Thus, a car accident nerve damage claim has a relatively higher value. The increase in value is due to the following reasons:
High Treatment and Extended Physical Rehabilitation Costs
The costs of treating neurological disorders can quickly accrue. You may require a multidisciplinary treatment program. The treatment may take months or even years, resulting in higher costs.
Additionally, the accident may also result in a long-term brain injury, scarring and disfigurement, or amputation of a body part. Reconstructive surgical procedures, hospitalization, or several hospital visits might be necessary. You might also require extensive physical rehabilitation to improve motor function. Such a comprehensive treatment program comes at a greater cost. As a result, the claim value increases.
Difficulties Undertaking Activities of Daily Life (ADLs)
Nerve injuries can leave car accident victims physically and mentally incapacitated. Their injuries restrict them from performing daily living activities. Some experience paralysis, memory loss, and mobility issues. As such, walking, sitting, bathing, and standing up become difficult.
They often can’t partake in recreational activities like sports and hobbies. The drastic change in quality of life can lead to long-term pain and suffering. One may have mood swings, unprovoked emotional outbursts, and loss of social skills and friendships. Such a car accident claim will require a higher settlement due to the significant decline in quality of life.
The Circumstances of the Crash
The specific details of the collision can also impact the case value. An example is when you sustain nerve injuries in a crash involving multiple cars and extensive property damage. Even if the injury may have been caused by a low-impact object, you can argue that the crash caused your injury.
Another example is when a renowned company is liable for an accident that caused your traumatic head injuries. In that case, the chances are high that the settlement amount will increase. News of high-profile claims reaches the public domain quickly. The liable corporation will likely pay a higher settlement to salvage its brand reputation.
Proving the Link Between a Crash and Neurological Symptoms in Illinois
You may have grounds for a car accident claim if you’re experiencing symptoms of neurological damage after an accident caused by someone else. One of the legal requirements your claim must meet is causation. You must prove that the car crash caused your injuries. Establishing a connection between your injuries and the crash can be challenging.
You must present evidence that shows a link between the collision and your injuries to prove causation. Some evidence that can prove nerve damage includes:
Diagnostic Tests and Reports
Medical exams and diagnostic reports are crucial evidence in a nerve damage claim. Medical tests, such as MRI and CT scans, can help confirm the existence of nerve damage. These diagnostic tests determine the treatments required to reach full recovery.
Sometimes, you may be experiencing symptoms of Chronic Traumatic Encephalopathy. The MRI machine may, however, fail to capture the issue. In that case, your car accident lawyer might arrange for a more detailed MEG brain scan. A magnetoencephalography (MEG) machine can deliver a clearer scan. The conclusive diagnostic reports can confirm your symptoms and their connection to the crash. Such evidence can be decisive, especially if your case goes to trial.
Inconclusive diagnostic reports may have caused your initial accident claim to be denied. However, new MEG results may prove a connection between the crash and the injury. With this new information, your lawyer can reopen a car accident case.
Testimonies by Medical Specialists
The health professional you encounter during treatment can significantly help your case. They can write authoritative medical reports or testimonies to prove causation.
For example, a neurologist can be a credible source, especially when dealing with neurological damage issues. Physiotherapists and psychotherapists can provide assessment reports of your rehabilitation program. They can also explain how your nerve injuries limit your daily life.
Proving Pain and Suffering
Chronic nerve injury can lead to long-term physical and emotional pain and suffering. The symptoms can be unpredictable. That’s why you need to document how the injury affects your life. You can undergo medical examinations to show how the injury affects your sleep, work, hobbies, and normal body functions. The neurological damage may have caused sexual dysfunction or symptoms of nervous breakdown. Obtaining the medical report can help you recover significant non-economic damages.
Ankin Law provides personalized legal representation to ensure our clients are compensated fairly. Our lawyers will investigate your claim, calculate the damages, negotiate with insurers, and represent you in court if necessary. Contact us to set up a free consultation.
