Car Accident Archives - Heaton McLean

Insurance companies don't take concussions, also known as mild traumatic brain injuries, seriously after a car accident---but we do. The average car accident concussion settlement in Texas ranges from $20,000 to $250,000, yet many concussion victims receive far less than they deserve for their traumatic brain injury (TBI). As Texas brain injury attorneys with 30 years of experience, we’ve fought for maximum compensation for numerous clients. We have seen firsthand how post-concussion syndrome causes chronic pain, lost wages, and emotional distress. Our role is to guide you through the legal process, advocate for your rights, and ensure you receive the compensation you deserve. One client in Austin was initially offered nothing by a commercial insurance company. After proving his cognitive decline, we secured a $3.75M settlement following a trip and fall injury on a residential neighborhood street. In this guide, I’ll show you how to document your injury, fight lowball insurance offers, and maximize your settlement. At Heaton McLean, we’ve helped dozens of clients in Texas secure fair concussion car accident settlements by focusing on the medical and legal details that matter. Concussions are a common but serious injury in car accidents—nearly 20% of Texas auto accident victims suffer some form of traumatic brain injury (TBI), with concussions being the most frequent. Proper compensation is critical, not just for immediate medical bills but also for long-term effects like cognitive problems or chronic headaches. In this guide, we’ll walk you through everything you need to know about concussion settlements, from documenting your injury to maximizing your compensation in Texas. Understanding Concussions and Mild Traumatic Brain Injuries A concussion is a mild traumatic brain injury (TBI) caused by a blow to the head or sudden jolt during a car accident. While classified as "mild" because standard imaging (CT/MRI) often shows no structural damage, the impact on your life—and settlement—can be significant.Common symptoms affecting car accident concussion settlement values include:Persistent headaches and dizzinessMemory and concentration problemsSleep disturbances and fatigueMood changes and irritabilityMany victims don't immediately recognize these symptoms, with issues often developing 24-72 hours after the accident. This delayed onset creates challenges for settlement claims, as insurance companies may question the connection to the accident.A 2023 study published in the Journal of Neurotrauma found that up to 30% of concussion patients experience symptoms for months, increasing their need for long-term medical care and higher settlement values. At Heaton McLean, we work with treating providers and medical experts to ensure these ongoing effects are fully captured in your car accident concussion settlement. Documenting Concussion Injuries After a Car Accident If you suspect a concussion after a car accident, act fast. Symptoms can take 24 to 72 hours, even if you feel fine right after the crash. See a doctor as soon as possible—preferably a neurologist or TBI specialist. They can run tests like CT scans, MRIs, or neuropsychological evaluations to confirm the injury.Keep detailed medical records. The Centers for Disease Control and Prevention (CDC) recommends tracking concussion symptoms daily and reporting any changes to a medical professional. This level of documentation is crucial in securing a fair concussion settlement. Being informed and prepared with this documentation can significantly impact your settlement, as one client's settlement figure increased over tenfold after we presented a neuropsychologist's report showing cognitive decline, even though his MRI was normal.Proper documentation is key to maximizing your settlement. As shown above, proper documentation of your concussive or TBI injuries is key to increase your settlement value.If you suspect a concussion, don't navigate the process alone. Get a professional medical evaluation, track your symptoms daily, and seek legal guidance early. Having a legal expert on your side can provide the support and reassurance you need during this challenging time. What Determines Your Car Accident Concussion Settlement Value in Texas How much is a concussion settlement worth in Texas? It depends. Settlement amounts typically cover medical bills, lost wages, and pain and suffering, but every case differs.Texas laws significantly impact settlement values:Comparative negligence rules can reduce your payout if you're found partly at faultPre-existing conditions may lower offers unless properly addressed with medical evidenceGeographic location matters—Travis County averaged $45,000 for mild cases in 2024Insurance policy limits often cap maximum recovery amountsThe average concussion settlement for car accidents in Travis County was around $45,000 for mild cases. Of course, settlements are largely impacted by the amount of insurance coverages the at fault driver, company, or entity has available. That is why you need an experienced TBI attorney to help navigate the process when it comes to your specific case.Texas settlement timelines usually take 6 to 24 months, depending on the case. At Heaton McLean, our valuation approach has secured settlements higher than initial insurance offers in concussion cases. Factors like your occupation and injury severity can significantly affect your case—contact us to learn how they apply to you. Common Challenges in Concussion Settlement Cases Insurance companies often try to minimize concussion claims. They might say, “It was just a bump on the head,” or argue that your symptoms aren’t related to the accident. This “invisible injury” problem makes proving cognitive and emotional symptoms—like memory problems or irritability—tough without objective evidence.Delayed symptoms can also complicate claims. Many victims overlook issues until days or weeks later, which insurance adjusters use to question the injury's validity. Texas has a two-year statute of limitations for filing a personal injury claim, so don’t wait to act. Gaps in treatment, like skipping doctor visits, can also hurt your post-concussion syndrome settlement value.One of our clients faced this challenge. The insurance company initially refused to negotiate, claiming his concussion wasn't serious. We fought back with medical records and expert testimony, securing a $3.75 million dollar settlement by documenting his cognitive difficulties. Watch for signs that your claim is undervalued—like lowball offers or pressure to settle quickly—and contact Heaton McLean for help. The Role of Medical Experts in Concussion Cases Medical experts are crucial in concussion cases. Neurologists and neuropsychologists can diagnose your injury and document its effects. Treating physicians manage your care while expert witnesses testify in court about your condition. Tests like neuropsychological evaluations can show cognitive impairments that strengthen your head injury settlement or TBI settlement.Finding the right experts in Texas matters. Ask potential specialists about their experience with concussion litigation—have they testified in TBI cases before? According to the American Academy of Neurology, subtle cognitive changes are often more disabling than physical symptoms in concussion cases. Research shows that patients with post-concussion syndrome may experience cognitive impairments that affect daily functioning, even without visible MRI abnormalities.At Heaton McLean, we work with top neuropsychologists in Austin who can document cognitive impairments in ways insurance companies can't ignore. Our established network of brain injury specialists gives our clients an edge, often leading to higher settlements. Long-Term Impacts and Future Damages Concussions can lead to persistent health issues including post-concussion syndrome, chronic headaches, and cognitive impairments. According to a study published in JAMA Network Open, approximately 11-20% of concussion patients experience symptoms that persist beyond three months, a condition known as post-concussion syndrome (PCS). A 2023 study in *Brain Injury* found that 15% of patients have symptoms lasting over a year. These long-lasting effects deserve compensation but are often overlooked by insurance companies. Future medical costs—like therapy or medication—should be part of your settlement. Life care planners can help calculate these expenses. Cognitive issues, like memory problems, can also affect your earning capacity. Long-term monitoring is key. Texas has great resources for support and rehabilitation, like the Brain Injury Association of Texas. At Heaton McLean, we ensure your settlement accounts for future damages so you're not left struggling years later. Steps to Maximize Your Concussion Settlement Timing matters. Don’t rush to settle before understanding the full extent of your injuries, but don’t wait too long to file within Texas’s two-year statute of limitations.Document everything: Track symptoms daily and keep records of all medical visits.See specialists: Consult neurologists and neuropsychologists for proper diagnosis.Follow treatment plans: Consistent care strengthens your settlement claimGather witness statements: Have friends/family document behavioral changesAvoid social media: Insurance companies often monitor claimants' social media activity and may use posts to dispute your claim. The American Bar Association warns that even innocent posts showing physical activity or socializing can be used to argue your injuries are less severe than claimed. Studies show that social media content affects up to 35% of personal injury cases.Don't settle early: Wait until you understand the full extent of your injuryConsult a specialist attorney: Studies show represented clients receive 3.5x higher settlementsAt Heaton McLean, we prepare every case as if it's going to trial, which often leads to higher settlement offers without court proceedings.Future medical costs—like therapy or medication—should be part of your settlement. Life care planners can help calculate these expenses. Cognitive issues, like memory problems, can also affect your earning capacity.Long-term monitoring is key. Texas has great resources for support and rehabilitation, like the Brain Injury Association of Texas. At Heaton McLean, we ensure your settlement accounts for future damages so you're not left struggling years later. Alternative Options To A Settlement Litigation isn't the only path. Mediation or arbitration can resolve concussion cases faster and with less stress. You might handle a claim without an attorney for minor concussions with clear liability, but only if the settlement offer is fair. If your mild symptoms resolve quickly, you may not qualify for a large settlement. Focusing on insurance claims for medical bills might be enough in those cases. Don't Risk Losing Thousands on Your Car Accident Concussion Settlement Concussion victims who hire specialized attorneys receive settlements much higher than those who handle claims alone. Time is critical—Texas law gives you only two years to file your claim, and crucial evidence like:Medical documentation of initial symptomsWitness statements about the accidentVehicle damage assessmentsSurveillance footage can disappear within weeks or months. The sooner you act, the stronger your Texas car accident concussion settlement case will be. Get Your Free Case Evaluation Today We work on a contingency fee basis—you pay nothing unless we secure compensation for your concussion injury. We’re Here To Help Navigating a car accident concussion settlement can be challenging, but proper medical care and documentation can make all the difference. Concussions often bring physical, cognitive, and emotional struggles, and insurance companies may try to downplay your injury. But with the right approach, you can secure fair compensation. At Heaton McLean, we specialize in helping Texas concussion victims get the settlements they deserve. Author Bio: Car Accident Concussion Settlement Expert – Mark McLean Mark McLean, a seasoned Austin, TX personal injury attorney, brings nearly 20 years of experience advocating for plaintiffs, including car accident concussion cases. He earned a Juris Doctor (cum laude) from Seattle University School of Law (2006) and a Bachelor of Arts in Philosophy with a minor in Society & Justice from the University of Washington (2002). Founding McLeanLaw PC in 2015, Mark focuses on workplace injuries, car accidents, medical malpractice, and defective products. His dedication has earned him Texas Super Lawyers Rising Star (2015-2020) and Warrior Awards from the Capital Area Trial Lawyers Association (2016, 2018, 2019). Frequently Asked Questions (FAQs) About Car Accident Concussion Settlements What is the average car accident concussion settlement in Texas? In Texas, car accident concussion settlements typically range between $20,000 and $250,000, depending on severity, long-term impacts, and insurance policy limits. Mild cases average $20,000-$50,000, while severe cases with lasting symptoms can reach $250,000+. How long does settling a concussion case in Texas take? Most cases settle within 6 to 24 months, depending on documentation, injury severity, and negotiations. Proper medical records can speed up the process. How are mild TBI settlements calculated in Texas? Settlements include economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Future care costs are also considered. What evidence do I need for a successful concussion settlement? To prove the injury and its impact, you’ll need medical records, neurological test results, symptom logs, witness statements, and expert testimony. How do insurance companies evaluate concussion claims? Adjusters look at medical records, injury severity, and your consistency in treatment. They often downplay “invisible” injuries like concussions. What should I say to the insurance company about my concussion? Say as little as possible. Avoid admitting faults or downplaying your symptoms. Let your attorney handle communications. In Texas, car accident concussion settlements typically range between $20,000 and $250,000, depending on severity, long-term impacts, and insurance policy limits. Mild cases average $20,000-$50,000, while severe cases with lasting symptoms can reach $250,000+.Most cases settle within 6 to 24 months, depending on documentation, injury severity, and negotiations. Proper medical records can speed up the process.Settlements include economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Future care costs are also considered.To prove the injury and its impact, you'll need medical records, neurological test results, symptom logs, witness statements, and expert testimony.Adjusters look at medical records, injury severity, and your consistency in treatment. They often downplay “invisible” injuries like concussions.Say as little as possible. Avoid admitting faults or downplaying your symptoms. Let your attorney handle communications.Last Updated: March 2025This article reflects Texas car accident concussion settlement trends as of March 2025. Settlement values vary based on county jurisdiction, insurance policies, medical evidence, and legal precedents.Statistics come from Texas court records, medical journals, and our firm's case data. Every concussion injury is unique, so settlement examples reflect typical outcomes but aren't guaranteed.Attorney Advertising: Past results do not guarantee similar outcomes. This information is for educational purposes only and not legal advice. For a case-specific evaluation, contact a qualified Texas personal injury attorney.

Car Accident Concussion Settlements and Traumatic Brain Claims in Austin, Texas: Get the Maximum Compensation You Deserve

The Ultimate Austin Car Accident Lawyer’s Guide: Your Path to Justice on Texas Roads

Posts filed under: Car Accident

Car Accident Concussion Settlements and Traumatic Brain Claims in Austin, Texas: Get the Maximum Compensation You Deserve

The Ultimate Austin Car Accident Lawyer’s Guide: Your Path to Justice on Texas Roads