Personal Injury News

Why to never ignore a motor vehicle accident head injury

Written by MARIO PALERMO | Sep 19, 2024 3:07:54 PM

 

Head injuries are among the most serious and potentially life-altering consequences of motor vehicle accidents. Even when symptoms are not immediately apparent, these injuries can have lasting effects, ranging from cognitive impairment to permanent disability or even death. Unfortunately, because motor vehicle accident head injuries can be insidious, many victims underestimate or ignore their severity in the chaotic aftermath of an accident. This can lead to tragic outcomes that might have been avoided with prompt medical attention and proper legal action.

As an Illinois personal injury attorney, I’ve witnessed firsthand the devastating impact untreated or inadequately treated head injuries can have on accident victims and their families. In this article, we’ll explore why you should never ignore a head injury after a motor vehicle accident, discuss the potential consequences of these injuries, and emphasize the importance of seeking immediate medical and legal help. We’ll also look at three real-world examples from Illinois that illustrate the dangers of neglecting a motor vehicle accident head injury, and provide guidance on how to find an experienced personal injury attorney to help you secure the compensation you deserve.

The Seriousness of Motor Vehicle Accident Head Injuries

Head injuries resulting from motor vehicle accidents can range from mild concussions to severe traumatic brain injuries (TBI), and their consequences can be life-altering. Unlike head trauma from sports injuries, where impacts are more controlled, the violent jolts and sudden impacts experienced in car accidents can cause severe damage to the brain. Even when protected by a seat belt, the force exerted on the brain during a crash can result in significant injury. According to the Centers for Disease Control and Prevention (CDC), one of their top recommendations for preventing serious head injury is consistently buckling up with a seat belt while in the car.

Some of the most common causes of head injuries in car accidents include the head striking the steering wheel, dashboard, or windows, as well as rapid acceleration and deceleration forces that cause the brain to move within the skull. This movement can lead to contrecoup injuries, where the brain is damaged on the side opposite the impact, as well as hemorrhages or bleeding in the brain. These types of injuries are particularly concerning as they can lead to permanent brain damage.

Many head injuries are diagnosed using tools like the Glasgow Coma Scale, which measures the severity of brain injuries, and CT scans, which help assess the extent of damage to different parts of the brain. Head injuries can range from mild traumatic brain injuries (mTBI) like concussions, to moderate TBI, and even open head injuries where the skull is fractured. In the most severe cases, patients may suffer from permanent brain damage, affecting their ability to function independently. What might initially seem like a mild injury could evolve into a moderate TBI, requiring extensive medical treatment and rehabilitation.

The seriousness of head injuries from motor vehicle accidents cannot be overstated. A prompt and accurate diagnosis is critical to prevent long-term complications and to manage injuries like hemorrhages or contrecoup injuries effectively. Even mild traumatic brain injuries can have lingering effects, while more severe cases can lead to lifelong disability. The long-term impact of head injuries depends largely on which parts of the brain are affected, and early medical intervention is key to minimizing damage.

Common Types of Head Injuries in Motor Vehicle Accidents

Motor vehicle accidents can cause a range of head injuries, affecting different parts of the brain and leading to varying levels of impairment. These injuries can be classified as either closed head injuries, where the skull remains intact, or open head injuries, where the skull is fractured. Depending on the severity, a head injury can result in temporary loss of consciousness or more severe, long-lasting damage to brain function. From mild TBIs like concussions to more severe TBIs that can result in blood clots and permanent impairment, it’s crucial to understand the different types of head injuries and their potential consequences.

  1. Concussion: A concussion is a mild form of TBI that occurs when the brain is shaken inside the skull due to a blow to the head. Symptoms may include headaches, dizziness, confusion, memory problems, and, in some cases, a temporary loss of consciousness. While often considered minor, concussions can lead to long-term cognitive issues if not properly treated, especially if the injured person experiences multiple concussions over time.
  2. Contusion: A brain contusion is a bruise on the brain tissue caused by a direct impact to the head. Depending on its severity, a contusion can result in swelling, increased intracranial pressure, and damage to brain tissue, all of which require urgent medical attention. If the contusion worsens, it can lead to severe impairment in brain function or even blood clots that may need surgical intervention.
  3. Diffuse Axonal Injury (DAI): This severe form of TBI occurs when the brain experiences rapid acceleration or deceleration, leading to the tearing of brain tissues. DAI is one of the most serious types of closed head injuries and can result in a coma, significant brain damage, long-term disability, or even death. Parts of the brain responsible for critical functions like movement, speech, and memory are often affected, making recovery especially challenging.
  4. Hematoma: A hematoma is a collection of blood outside the blood vessels, often resulting from a ruptured blood vessel in the brain. Hematomas can occur between the skull and the brain (epidural or subdural) and lead to increased pressure on the brain, which can be life-threatening if not treated. Depending on its size and location, a hematoma can cause severe TBI symptoms, including confusion, loss of consciousness, and impaired brain function.
  5. Skull Fracture: A skull fracture, caused by a significant impact, can lead to brain damage, infections, and other complications. Skull fractures are considered open head injuries if the skin and bone are penetrated. The severity of the damage depends on the location and type of fracture, with some fractures posing immediate and serious risks to life, especially if they cause bleeding or expose the brain to infection.

The Hidden Dangers of Ignoring a Head Injury

One of the most dangerous aspects of head injuries is that their symptoms are not always immediately apparent. In the immediate aftermath of an accident, victims may be in shock, and adrenaline can mask the pain or discomfort associated with a head injury. However, ignoring these injuries can lead to serious and sometimes irreversible consequences:

  1. Delayed Symptoms: The symptoms of a head injury, particularly a TBI, may not appear until hours or even days after the accident. Delayed symptoms can include persistent headaches, nausea, dizziness, memory problems, and changes in behavior or mood, all of which can indicate serious underlying damage.
  2. Cumulative Effects: Even a seemingly mild head injury can have cumulative effects, especially if the victim suffers another injury before fully recovering from the first. This can lead to conditions like chronic traumatic encephalopathy (CTE), a degenerative brain condition that can cause severe cognitive and emotional issues over time.
  3. Permanent Disability: Untreated head injuries can result in permanent cognitive, physical, and emotional impairments. Victims may experience memory loss, difficulty concentrating, personality changes, and other long-term disabilities that affect their ability to work and lead a normal life.
  4. Increased Risk of Fatality: Severe head injuries, such as diffuse axonal injuries or large hematomas, can be fatal if not treated promptly. Even if the injury is not immediately life-threatening, the risk of death increases significantly if the injury is ignored or improperly treated.

Real-World Illinois Examples

Example 1: The Case of John in Chicago

John, a 45-year-old construction worker from Chicago, was involved in a rear-end collision on the Kennedy Expressway. Although his vehicle was severely damaged, John felt relatively fine after the accident, experiencing only a mild headache. He declined medical treatment at the scene, believing he had only suffered minor whiplash.

Over the next few days, John’s headaches worsened, and he began experiencing dizziness and confusion. His family noticed he was struggling with simple tasks and had difficulty remembering conversations. When he finally sought medical attention a week later, an MRI revealed that he had suffered a brain contusion and a subdural hematoma, causing increased pressure on his brain.

John underwent emergency surgery to relieve the pressure, but the delay in treatment resulted in long-term cognitive impairments. He was unable to return to his job, and his quality of life was significantly diminished. Had John sought immediate medical attention, the severity of his injuries might have been mitigated, and his long-term prognosis could have been more favorable.

Example 2: The Case of Sarah in Peoria

Sarah, a 32-year-old teacher from Peoria, was involved in a T-bone collision at an intersection when another driver ran a red light. During the accident, Sarah hit her head on the window but felt only a slight bump and decided not to go to the hospital, assuming she had escaped with only a few bruises.

A few days later, Sarah began experiencing severe migraines, nausea, and sensitivity to light. Her symptoms worsened rapidly, and she started having trouble focusing at work. When she finally went to see a doctor, she was diagnosed with a severe concussion and a brain contusion.

The delayed treatment meant that Sarah had to take an extended leave of absence from her job, and she struggled with memory problems and fatigue for months. Her recovery was slow and painful, and she was eventually diagnosed with post-concussion syndrome, leaving her with chronic headaches and cognitive difficulties. Had she sought medical care immediately, she might have avoided the prolonged and debilitating effects of her injuries.

Example 3: The Case of Mike in Springfield

Mike, a 58-year-old truck driver from Springfield, was involved in a multi-vehicle pileup on I-55. During the collision, Mike’s head struck the steering wheel, but in the chaos of the accident, he didn’t realize the extent of his injuries and declined medical attention at the scene, focusing instead on the damage to his truck.

In the following days, Mike began experiencing blurred vision, severe headaches, and difficulty speaking. Concerned, his wife insisted he go to the emergency room, where doctors discovered that he had suffered a diffuse axonal injury (DAI), a severe form of traumatic brain injury.

Mike’s injury required intensive medical treatment, including surgery and months of rehabilitation. The delay in seeking treatment likely exacerbated his condition, leading to more severe and long-lasting effects. He was left with significant cognitive and physical impairments that prevented him from returning to his job as a truck driver. Mike’s experience underscores the critical importance of seeking immediate medical attention after any head injury, regardless of how minor it may seem.

The Legal Implications of Motor Vehicle Accident Head Injuries

When a motor vehicle accident results in a head injury, the legal implications can be profound. In Illinois, if you’ve sustained a head injury due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, securing this compensation requires prompt action and thorough documentation.

Why Immediate Medical Attention is Crucial

Seeking immediate medical attention after a motor vehicle accident serves multiple purposes:

  1. Protecting Your Health: Early diagnosis and treatment are essential to prevent further damage and to maximize the chances of a full recovery. Medical professionals can identify hidden injuries, such as brain contusions or hematomas, that may not be immediately apparent.
  2. Documenting Your Injuries: Medical records are crucial evidence in any personal injury claim. They provide a documented timeline of your injuries, symptoms, and treatments, which is vital for proving the extent of your injuries and the impact on your life.
  3. Establishing Causation: To recover compensation in a personal injury claim, you must establish that your injuries were caused by the accident. Prompt medical attention helps establish a direct link between the accident and your injuries, strengthening your case.

The Role of an Experienced Personal Injury Attorney

Navigating the complexities of a personal injury claim after a motor vehicle accident can be challenging, especially when dealing with a serious head injury. An experienced personal injury attorney can help you:

  1. Assess the Full Extent of Your Damages: Head injuries can result in significant and long-term consequences, including ongoing medical care, rehabilitation, and lost earning capacity. An attorney can help you calculate the full extent of your damages to ensure you seek adequate compensation.
  2. Negotiate with Insurance Companies: Insurance companies often attempt to minimize payouts, especially in cases involving serious injuries. An attorney can negotiate on your behalf to ensure you receive fair compensation for your injuries.
  3. Pursue Litigation if Necessary: If the insurance company refuses to offer a fair settlement, your attorney can take your case to court.

How to Best Find an Experienced and Effective Personal Injury Attorney to Handle Your Case

After experiencing a head injury in a motor vehicle accident, finding the right personal injury attorney is crucial to ensuring you receive the compensation you deserve. An effective attorney will not only represent your best interests but also provide the support and guidance needed during this challenging time. Here’s a step-by-step guide on how to find an experienced and effective personal injury attorney to handle your case.

1. Look for Specialization in Personal Injury Law

When searching for an attorney, it’s essential to choose someone who specializes in personal injury law. Personal injury cases involve complex legal and medical issues that require specific expertise. Attorneys who focus exclusively on personal injury law are more likely to have the experience and knowledge necessary to handle your case effectively.

Key Considerations:

- Experience with Head Injuries: Since your case involves a head injury, look for an attorney who has handled cases with similar injuries. They should be familiar with the medical aspects of traumatic brain injuries (TBI) and know how to present these issues in a legal context.

- Track Record of Success: Ask about the attorney’s past case outcomes, especially those involving head injuries. A strong track record of successful settlements and verdicts is a good indicator of the attorney’s ability to effectively represent you.

2. Seek Referrals and Read Reviews

One of the best ways to find a reliable personal injury attorney is through referrals from people you trust. Ask friends, family members, or colleagues if they have had positive experiences with personal injury attorneys, particularly in cases involving motor vehicle accidents.

In addition to referrals, online reviews can provide valuable insights into an attorney’s reputation and client satisfaction. Look for reviews on websites such as Avvo, Google, and Yelp, and pay attention to any recurring themes in the feedback. Be cautious of attorneys with consistently negative reviews or those who seem to have a pattern of dissatisfied clients.

Key Considerations:

- Client Testimonials: Reading client testimonials on the attorney’s website can give you a sense of their approach and effectiveness. However, remember that these testimonials are often selected by the attorney, so supplement them with independent reviews.

- Bar Association Referrals: The Illinois State Bar Association offers a lawyer referral service that can help you find an attorney who meets your specific needs. This can be particularly useful if you don’t have personal referrals to rely on.

3. Evaluate the Attorney’s Communication Skills

Effective communication is critical to a successful attorney-client relationship. From your initial consultation, assess how well the attorney listens to your concerns, answers your questions, and explains the legal process. An attorney who is attentive, clear, and responsive is more likely to keep you informed and engaged throughout your case.

Key Considerations:

- Accessibility: Determine how accessible the attorney is. Will they be personally handling your case, or will it be passed off to a junior associate? Will you have direct contact with the attorney, or will communication be filtered through paralegals and staff?

- Transparency: A good attorney should be transparent about their fees, the potential outcomes of your case, and the challenges you may face. They should provide a realistic assessment of your case rather than making promises that seem too good to be true.

4. Assess the Attorney’s Resources and Network

Complex personal injury cases, particularly those involving head injuries, often require substantial resources. This includes access to medical experts, accident reconstruction specialists, and other professionals who can provide testimony and evidence to strengthen your case.

When evaluating an attorney, inquire about their network of experts and their ability to fund the necessary investigations and consultations. An attorney with a strong network and ample resources is better equipped to build a compelling case on your behalf.

Key Considerations:

- Medical Expertise: Head injuries require a deep understanding of medical terminology and treatment protocols. Ensure that the attorney has access to neurologists, neuropsychologists, and other specialists who can provide expert testimony.

- Litigation Experience: While many personal injury cases are settled out of court, some may go to trial. Ensure that your attorney has trial experience and is prepared to take your case to court if necessary.

5. Schedule Consultations with Multiple Attorneys

Before making a decision, schedule consultations with multiple personal injury attorneys. Most personal injury attorneys offer free initial consultations, giving you the opportunity to discuss your case and get a sense of how each attorney would approach it. Use these consultations to ask questions, assess their communication style, and gauge your comfort level with each attorney.

Key Considerations:

- Ask About Fees: Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case. Clarify the percentage they charge and whether there are any additional costs you might be responsible for, such as court fees or expert witness fees.

- Evaluate Their Strategy: During the consultation, ask the attorney how they would approach your case. What strategy would they employ to secure the best possible outcome? Their answer will give you insight into their experience and confidence in handling similar cases.

6. Consider the Attorney’s Reputation in the Legal Community

An attorney’s reputation within the legal community can also be an important factor in your decision. Attorneys who are well-regarded by their peers are often more effective in negotiations and litigation. Look for attorneys who are active in professional organizations, have been recognized for their work, or have received awards for their contributions to the field of personal injury law.

Key Considerations:

- Peer Endorsements: Attorneys often receive endorsements from their peers, which can be a strong indicator of their reputation and skill. Check for peer reviews on platforms like Martindale-Hubbell, which also provides ratings based on legal ability and ethical standards.

- Leadership Roles: Attorneys who hold leadership positions in bar associations or legal organizations demonstrate a commitment to their profession and a higher level of expertise.

7. Trust Your Instincts

Ultimately, the decision to hire a personal injury attorney should be based not only on their qualifications and experience but also on your instincts. You will be working closely with your attorney throughout the legal process, so it’s essential to choose someone you feel comfortable with and confident in.

Trust your instincts when deciding which attorney is the best fit for you. If something doesn’t feel right during the consultation, it’s okay to keep looking until you find the right match.

Conclusion: Taking the Next Steps After a Motor Vehicle Accident Head Injury

Suffering a head injury in a motor vehicle accident is a serious matter that should never be ignored. The consequences of such injuries can be life-altering, leading to long-term cognitive, physical, and emotional challenges. Finding an effective and experienced personal injury attorney is a crucial step in ensuring that your rights are protected, your medical needs are met, and you receive the compensation you deserve.

By following the steps outlined in this article—seeking specialization, evaluating communication skills, assessing resources, and trusting your instincts—you can find an attorney who will advocate for your best interests and guide you through the complexities of the legal process.

Remember, the sooner you seek legal assistance, the better your chances of securing a favorable outcome. Don’t wait to take action; consult with a qualified personal injury attorney who can help you navigate the path to recovery and justice.

Working With Palermo Law Group

Motor vehicle accident head injuries can have serious and long-lasting consequences, not only for the victim but also for their loved ones. These injuries often lead to mounting medical bills, ongoing treatment, and the potential for long-term care needs. If you or a loved one has suffered a head injury due to a car accident, it's crucial to seek legal guidance to ensure you receive the compensation you deserve. At Palermo Law Group, we offer a free case evaluation to help you understand your rights and options, and to assist in alleviating the financial burden that can come with medical bills and recovery. Reach out today to protect your future and secure the support you need.

For a free consultation with Palermo Law Group, contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.