Insight

Brain Injuries from Car Accidents and Personal Injury Claims

Below, we’ll discuss how brain injuries from car accidents are treated in personal injury claims and how they can differ from other types of common personal injuries.

Darcy Romaine

Written by Darcy Romaine

Published: October 18, 2024

Unfortunately, car accidents aren’t an uncommon occurrence in daily life. And, in many of these car accidents, one or more individuals will likely suffer personal injury.

Brain injuries from car accidents are a particularly challenging injury. Unlike, say, a broken leg, brain injuries can be invisible to outsiders and unpredictable for victims. No two brain injuries are alike, and different individuals can experience wildly different symptoms after suffering a brain injury.

Below, we’ll discuss how brain injuries from car accidents are treated in personal injury claims and how they can differ from other types of common personal injuries.

What is a Brain Injury?

Brain injuries from car accidents often result from head trauma, such as a blow to the head or whiplash. These injuries are classified as "traumatic brain injuries" (TBIs), but their severity can differ significantly.

For instance, many are familiar with concussions, which are also known as "mild traumatic brain injuries" (mTBIs). Although concussions may not show up on imaging tests like MRIs or CT scans, they still cause symptoms like headaches, confusion, and loss of coordination. Fortunately, with proper treatment, most people recover fully from concussions.

More severe traumatic brain injuries, however, can take much longer to heal and may result in permanent damage. Some individuals may never fully recover from a serious TBI.

It's important to note that even if a brain injury seems mild, it doesn't prevent car accident victims from seeking compensation through a personal injury claim. If you're concerned about any injuries you've sustained in a car accident, consulting an experienced personal injury lawyer can help clarify your options.

Read more on brain injury here: https://braininjurycanada.ca/en/caregiver/about-brain-injury/concussion/

How Do Medical Professionals Diagnose Brain Injuries from Car Accidents?

Brain injuries from car accidents can be difficult to diagnose after the fact – that’s why, regardless of how you feel following a car accident, it’s critical to see a medical professional as soon as possible to confirm the state of your injuries.

Typically, if you receive immediate or near-immediate treatment following a car accident, a medical professional will conduct a Glasgow Coma Scale, which helps assess the initial severity of a possible brain injury by checking your ability to move and follow directions.

Suspected brain injuries may also be investigated either immediately following an accident or at a later time through imaging, such as an MRI or a CT scan. As noted earlier, however, not all brain injuries are visible through medical imaging.

Finally, medical professionals may be able to diagnose a brain injury based on circumstances and symptoms. For example, if a patient was involved in a car accident and hit their head and later reports difficulty concentrating and frequent headaches, a medical professional may diagnose a brain injury on that basis.

But what about treatment? Treatment for brain injuries from car accidents varies depending on the severity of the injury. For example, with milder concussions, a victim may recommend resting at home and monitoring for any changes in symptoms. On the other hand, severe traumatic brain injuries could require anything from lengthy rehabilitation work to surgery.

How Do I Prove I Suffered a Brain Injury from a Car Accident?

Proving a brain injury after a car accident can be as challenging as proving a mental illness. Both types of injuries are “invisible,” meaning they may not appear on traditional imaging tests or other diagnostic tools. However, just because these injuries aren’t easily detectable doesn’t mean they’re not real or that you aren’t entitled to compensation for your suffering and losses.

Medical Records

Your medical records can be key evidence in demonstrating the existence and impact of your brain injury. They reflect the symptoms you reported during each visit, your doctor’s objective assessments, and their treatment recommendations. Over time, these records will show how your condition has changed, whether it has improved or worsened.

It’s important to remember that after an accident, your priority should be seeking treatment and following your healthcare provider’s advice. Not only does this improve your chances of recovery, but it also strengthens your personal injury claim by demonstrating to the court that you’ve been diligent in following medical recommendations, boosting your credibility.

Medical Experts

In addition to your treating physicians, expert medical opinions may be necessary to further support your brain injury claim. These experts, often hired during the litigation process, can either examine you or review your medical records to offer a professional analysis of the injury and its impact.

Witness Testimony

Testimony from witnesses can also be valuable in proving a brain injury occurred as a result of the accident. Eyewitnesses may be able to describe the accident itself, such as whether you hit your head, or how you appeared immediately after the incident.

In addition, you, along with family members, friends, coworkers, or other close contacts, can provide testimony about changes in your behavior, abilities, or mental state after the accident. This personal testimony, combined with medical evidence, can help paint a fuller picture of the nature and severity of your brain injury.

Brain Injury Lawyer Toronto

The value of a brain injury case varies wildly based on the nature of the plaintiff’s injuries (including those beyond brain injuries from car accidents) and the impact of the accident on their life. It’s, therefore, difficult for a personal injury lawyer to estimate how much a brain injury case is worth without having reviewed all available evidence. For help investigating how much your brain injury case might be worth, speak with an experienced personal injury lawyer today.

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline