What Is the Average Settlement for a Concussion from a Car Accident in PA?
You got a concussion from a car accident. You’re in pain, facing medical bills, and maybe even having trouble working. To see if hiring an attorney is worth your time, you want to know the average settlement for a concussion.
Here’s what we can tell you: There’s no average settlement for a concussion in a car accident. Each case is different. That said, many Pennsylvania cases see settlements in the tens of thousands and even hundreds of thousands of dollars.
At Rosen Justice Injury Lawyers, we help people navigate confusing insurance claims and fight for what they’re owed. This article tells you what you need to know about getting a concussion car accident settlement and what factors affect your case.
What Is a Concussion, and Why Does It Matter in a Car Accident Case?
A concussion is a type of traumatic brain injury (TBI) that’s caused by a blow or jolt to the head. Concussions can lead to severe symptoms that last days, weeks, or even longer:
- Headaches,
- Memory problems,
- Mood changes,
- Sleep issues,
- Trouble concentrating, and
- Sensitivity to light and noise.
Even a “mild” concussion can impact your ability to work, drive, or take care of your family. Insurance companies often try to downplay concussions because they’re invisible on most scans and tough to quantify. That’s why knowing your rights and having a tough attorney in your corner makes a difference.
Factors That Impact a Concussion Car Accident Settlement
A typical settlement for a concussion from a car accident can range from tens of thousands to hundreds of thousands of dollars. Serious cases can reach into the six figures, especially if there’s evidence of long-term cognitive issues, missed work, or emotional distress.
Every case is different, but here are the most significant factors influencing how much money you might receive.
Medical Treatment
Compensation for a car accident injury should address your medical costs. The more medical evidence you have, the better. Notes and bills from doctor visits help show how severe your injury is.
Lost Wages
If you missed work, you may be able to claim lost income. If you can’t return to your regular job, you may be able to claim loss of future earning capacity.
Length of Recovery
A concussion that clears up in a few weeks differs from one that affects you for months. Long recoveries mean larger settlements.
Pain and Suffering
Pain and suffering compensation is where having an attorney in your corner pays off. It is not as clear-cut as medical treatments and lost wages. Experienced attorneys will advocate for your pain and suffering settlement to be 1.5 to 5 times the cost of your out-of-pocket losses. For example, if you had $3,000 in medical bills and $7,000 in lost wages, you might be eligible for an additional $15,000–$50,000 for pain and suffering.
The earlier you call us, the better we can guide you through the entire process and work to secure a strong settlement for you.
Pennsylvania Laws and How They Affect Your Settlement
There are certain Pennsylvania laws that impact almost all car accident cases. Take a look and see if any of these apply to you. But remember, you don’t need to figure all this out alone. Give us a call and we’ll evaluate whether you have a claim.
Statute of Limitations
Under Pennsylvania law, you have two years to file a personal injury car accident case. If your car wreck was over two years ago, you may be unable to get compensation for your concussion. However, we can analyze your case and see if any exceptions apply to extend your time to file.
Comparative Negligence Law
If you were partially to blame for the car accident, your settlement amount may be lowered. For example, if you’re found to be 10% responsible for the accident, your compensation would be reduced by 10%. However, if you’re held liable for over 50% of the car accident, you’re not eligible for any compensation.
Types of Insurance
Pennsylvania is one of the few states where the type of auto insurance you have determines what you can sue another driver for.
Limited tort
If you have a “limited tort” or “no-fault” plan, you can’t sue for noneconomic damages (e.g., pain and suffering, emotional distress). However, there are exceptions, such as:
- If you were seriously injured,
- If the other driver was drunk,
- If the other driver was uninsured, or
- If the other driver was from out of state.
These car insurance plans are usually cheaper than “full tort” or “at-fault” plans.
Full tort
If you have a “full tort” or “at-fault” plan, you can sue the other driver for all damages, including noneconomic ones.
Noneconomic damages often bring in the most compensation, but they’re not the only damages you can get. Even if you have a “limited tort” or “no-fault” car insurance plan, you can still file a claim for costs such as medical treatment and lost wages.
How Long Does It Take to Get a Concussion Lawsuit
Settlement?
Here at Rosen Justice Injury Lawyers, we know that speed matters. You’re in pain now. You have bills to pay now. We prioritize moving quickly to help you secure a settlement for a concussion from a car accident.
The length of time it takes to get a concussion lawsuit settlement depends in a large part on how long your symptoms last. If your symptoms resolve quickly, your case may settle in a few months. But if your concussion has long-term effects, you may need to wait longer. The silver lining is that the longer your concussion symptoms continue, the more likely it is for you to qualify for higher compensation.
Avoid Going to Court, but Still Get Paid
Going to court isn’t fun. You might spend hours waiting for your case, and maybe even have to relive traumatic memories. The good news is that most concussion cases settle out of court.
We can often pressure insurance companies to do the right thing before we all end up in front of a judge. However, we will go to court for you if we must. We’re not afraid of facing down insurers at trial.
We only take cases that we believe in. Once we believe in a case, we give it our all. We only get paid if you get paid.
Summary: What Is the Average Payout for a Concussion?
We’ve covered a lot in this blog post. Here’s what you need to take away: There is no one answer to, What is the average payout for a concussion? It all depends on what medical treatment you need, your insurance, and other factors.
That’s why working with an experienced personal injury attorney who can guide you through this complicated process is critical. We’re trained to help you recover as much as possible.
Call Us Today
You’ve been through enough pain and stress. Let us take care of the legal side so you can focus on healing.
Don’t settle for less than you deserve. Don’t wait longer than you need.
If someone else’s negligence caused your injury, we’ll fight to get you every dollar the law allows. No fluff. No false promises. Just the truth—and aggressive legal representation that works.
Call Rosen Justice Injury Lawyers today to speak with an attorney who knows how to get results.
