A concussion can change everything in an instant. One moment you’re driving through White Plains or on the Cross Bronx Expressway, and the next, you’re facing constant headaches, memory issues, and growing medical bills. When another driver’s carelessness causes a brain injury, you deserve compensation that truly reflects how your life has been affected.
Each concussion case is unique, and settlements depend on symptom severity, duration, and the impact on daily routines. The most important step is getting the right medical care while protecting your legal rights. If you’re unsure how to move forward, speaking with a car accident lawyer in Queens clarifies your options. Reach out to the Law Offices of Jason B. Kessler, brain injury attorney, for guidance.
Key Takeaways: Compensation for Brain Injuries After Car Crashes
- Concussion severity determines value: Minor cases with full recovery settle differently than those causing lasting cognitive problems or post-concussion syndrome.
- Medical documentation drives results: Objective testing, like neuropsychological evaluations and imaging studies, strengthens your case more than self-reported symptoms alone.
- Lost income adds up quickly: Missing work during recovery, reduced earning capacity, and career limitations all factor into what you should receive.
- Quality of life matters: Compensation should account for ongoing headaches, sensitivity to light and noise, sleep problems, and emotional changes that persist after the accident.
- Insurance companies minimize brain injuries: Insurers often claim concussions are minor or pre-existing, making legal representation critical to counter their tactics.
- New York's serious injury threshold applies: For cases involving no-fault insurance, you may need to prove your concussion meets statutory requirements for pursuing full compensation.
- Call a car accident lawyer: Brain injury cases require thorough investigation and aggressive advocacy to secure the compensation you deserve.
How Concussions Differ From Other Car Accident Injuries
Brain injuries aren’t like broken bones, which you can see on an X-ray. Concussions happen inside the skull, making them invisible and often hard to prove. In a crash, your brain can jolt violently even without a direct hit, damaging delicate neural pathways and causing headaches, dizziness, memory problems, or trouble focusing.
Symptoms can appear days later, and insurance companies sometimes claim they aren’t related to the accident. New York law allows you to seek compensation even when injuries aren’t immediately visible. Our Law Offices of Jason B. Kessler concussion attorneys understand these challenges and ensure your symptoms receive serious attention, guiding you through each step of the process.
Why Medical Treatment Matters From Day One
Getting prompt medical attention creates a clear record connecting your symptoms to the accident. Emergency room doctors may perform initial assessments, but follow-up care with neurologists or concussion specialists provides the detailed documentation your case needs. These physicians can order neuropsychological testing that objectively measures cognitive function, memory, and processing speed.
Treatment also matters for your recovery. Rest, gradual return to activities, and proper management of symptoms all help your brain heal. Some people recover fully within weeks, while others develop post-concussion syndrome, with symptoms lasting months or years. Your medical records will tell this story and help establish the full scope of your damages.
Factors That Influence Settlement Amounts in Concussion Cases
No calculator can determine whether your case is worth it because brain injuries affect everyone differently. However, certain factors consistently influence settlement negotiations and jury verdicts in Westchester County Courts and New York City.
Severity and Duration of Symptoms
A minor concussion with full recovery in three weeks settles very differently than one causing persistent headaches, memory problems, and balance issues six months later. Post-concussion syndrome, where symptoms continue for months or years, substantially increases case value. When your life remains disrupted long after the accident, compensation should reflect that ongoing struggle.
Judges and juries in Queens and Manhattan courts see many personal injury cases. What sets concussion claims apart is evidence showing how the injury changed your daily life. Can you still work effectively? Do you struggle to focus during conversations? Has your personality changed, making you more irritable or withdrawn? These human impacts matter more than any abstract number.
Medical Expenses and Treatment Needs
Your compensation should cover every medical bill related to the concussion. This includes emergency room visits, neurologist appointments, physical therapy for balance problems, and counseling for emotional changes. Some people need vestibular rehabilitation to address dizziness and spatial orientation problems.
Future medical needs also factor into settlements. If doctors believe you'll need ongoing treatment or your symptoms might worsen over time, we build those anticipated costs into what we demand from insurance companies. This forward-looking approach protects you from being stuck with bills years after settling your case.
Lost Income and Earning Capacity
Missing work due to concussion symptoms hits your bank account immediately. Whether you take sick days during acute recovery or work reduced hours for months, that lost income counts as damages. We calculate exactly what you've missed and include it in settlement negotiations.
More concerning is when a concussion affects your long-term ability to earn a living. Some people can't return to their previous jobs because they require intense concentration, work with heavy equipment, or do other tasks that their symptoms won't allow. Compensation must account for years of reduced earning potential if your career takes a hit because of another driver's negligence.
Why Insurance Companies Fight Concussion Claims
Brain injuries are difficult to prove, and insurance companies know it. Concussion symptoms rely on what you feel and report, giving insurers a chance to question whether your symptoms are real.
They may review your medical history, citing past headaches, migraines, or old concussions to downplay your claim. They might even suggest unrelated conditions like anxiety or depression are to blame.
A new accident can aggravate or create new issues, and New York law allows compensation when pre-existing conditions worsen. Adjusters may also watch daily activities or social media, but our concussion attorneys know how to show the true impact of your injury.
Navigating New York's No-Fault Insurance System
New York requires all drivers to carry no-fault insurance, which covers medical bills and lost earnings regardless of who caused the accident. This system lets people receive immediate treatment without waiting for liability disputes to settle. However, no-fault coverage has limits that complicate concussion cases.
Basic no-fault benefits typically cover up to $50,000 in medical expenses and lost earnings. For many minor concussions, this provides adequate compensation. But more serious brain injuries quickly exhaust these benefits, especially when you need months of treatment or miss substantial time from work.
Meeting the Serious Injury Threshold
Your injury must meet New York's serious injury threshold to pursue compensation beyond no-fault benefits, including payment for pain and suffering. The law defines serious injury to include permanent loss of use of a body organ or member, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. It may also include a medically determined injury. This injury prevents you from performing all of your usual activities for at least 90 days during the 180 days after the accident.
Concussions can satisfy this threshold, particularly when symptoms persist and substantially limit your daily activities. Medical records documenting ongoing symptoms, reduced work capacity, and limitations in personal activities help establish that your case meets statutory requirements. Courts in Manhattan and throughout New York City regularly evaluate whether brain injuries qualify as serious injuries under this framework.
Building a Strong Concussion Case Through Evidence
Winning a concussion case starts with thorough documentation. Because brain injuries aren’t visible on scans, we rely on medical records, witness accounts, and evidence showing how your life has changed.
Neuropsychologists can measure memory, attention, processing speed, and other cognitive functions. When tests show deficits compared to your normal abilities, it strengthens your claim. Repeat evaluations reveal whether symptoms are improving, staying the same, or worsening, leaving less room for insurance companies to argue that your problems are temporary or exaggerated.
Family, friends, and coworkers often notice changes you might not see. Forgetting conversations, getting frustrated more easily, or struggling with once-simple tasks can all be described by people who know you well. Their observations show the real-life impact of your injury beyond charts and test results.
In New York, our concussion attorneys help gather this evidence to make your case as strong as possible.
Common Settlement Mistakes to Avoid
Many people unintentionally hurt their concussion cases without realizing it. Insurance adjusters often push for quick settlements, hoping you’ll accept less before fully understanding the extent of your injury. Concussion symptoms can develop or worsen over months, and taking money too soon might leave you covering unexpected medical bills or coping with lasting limitations.
Never agree to a settlement until you’ve reached maximum medical improvement or have a clear idea of your long-term prognosis. A lawyer can determine whether an offer fully reflects your current and future needs.
Insurance companies may also request recorded statements soon after the accident. They present these as routine, but insurance companies can use every word to reduce your claim. You aren’t required to give these statements, and having a car accident lawyer speak on your behalf protects your rights and accurately represents your symptoms and recovery.
Skipping appointments or delaying follow-up care creates ammunition for insurance companies to claim you weren't really hurt. Even when you're feeling somewhat better, continuing treatment as recommended by your doctors shows the ongoing nature of your injury and the need for professional care.
Financial concerns sometimes cause people to avoid treatment, but this choice ultimately hurts their case. New York's no-fault system should cover initial medical expenses, and a car accident lawyer can help ensure you receive proper benefits while your case proceeds.
What Happens During Settlement Negotiations
Most concussion cases settle without going to trial. Negotiations involve back-and-forth between lawyers and insurance adjusters, each presenting evidence to support their view of the claim’s value.
The Law Offices of Jason B. Kessler start with a detailed demand letter outlining your injuries, treatment, lost income, and other damages. Insurance companies often respond with lower offers, hoping to limit payouts. We use local case results, medical opinions, and evidence of how the accident affected your life to show the full value of your claim.
Throughout the process, you stay informed and make final decisions. Our New York concussion attorneys guide you through every step, ensuring your injuries receive serious attention and your rights remain protected.
Get the Compensation You Deserve for Your Concussion
You shouldn't have to navigate the aftermath of a brain injury alone while insurance companies work to minimize your claim. A concussion may be invisible, but its impact on your life is real and deserves proper compensation. The right Queens personal injury attorney makes all the difference in securing payment that covers your medical bills, lost income, and ongoing struggles.
If you've suffered an injury in a car accident in New York and are dealing with a concussion or other brain injury, contact the Law Offices of Jason B. Kessler at 914-220-1088 to discuss your case and learn how we can help turn your setback into a comeback.
FAQs: Concussion Settlements After Car Accidents
How long after a car accident can concussion symptoms appear?
Symptoms can emerge immediately or develop over hours and days following the collision. Some people feel fine at the accident scene but notice headaches, confusion, or dizziness within 24 to 48 hours as brain swelling progresses.
Can I receive compensation if my concussion doesn't show up on a CT scan or MRI?
Yes, most concussions don't appear on standard imaging studies, but that doesn't mean you're not injured. Neuropsychological testing, clinical evaluations, and documented symptoms provide the evidence needed to prove your brain injury and secure compensation.
What if I didn't lose consciousness during the accident?
You can suffer a serious concussion without losing consciousness. Many brain injuries occur without any loss of awareness, and the severity of your symptoms matters more than whether you blacked out during the crash.
How much is my concussion case worth?
Case value depends on your symptoms, treatment needs, lost income, and how the injury affects your daily life. Minor concussions with full recovery settle for less than cases involving post-concussion syndrome with lasting cognitive problems, but every situation requires individual evaluation based on your unique circumstances.