Car accident brain injuries range from mild concussions to severe traumatic brain injuries that can permanently change your life. These injuries occur when the sudden impact of a crash causes your brain to move violently inside your skull, leading to damage that may not be immediately apparent. Settlement amounts vary widely based on injury severity, medical costs, and long-term impact, and can be modest for minor injuries or substantial for severe, life-altering trauma.
Brain injuries are among the common injuries from car accidents that often don’t show symptoms right away, making them particularly dangerous and difficult to prove to insurance companies. You may feel fine initially, only to develop serious cognitive problems, personality changes, or physical symptoms days or weeks later. Understanding the different types of brain injuries, recognizing warning signs, and knowing how to protect your legal rights is crucial for getting proper medical care and fair compensation.
This article explains the types of brain injuries caused by car accidents, how to recognize symptoms, what your claim may be worth, and how an experienced car accident attorney can help you seek the settlement you deserve.
Types of Car Accident Brain Injuries
Different crash forces create different types of brain injuries. Understanding which type you have helps determine the right medical care and legal approach.
Concussion
A concussion is the most common brain injury from car accidents. This happens when your brain bumps against your skull during the sudden movement of a crash.
You don’t need to lose consciousness to have a concussion. Symptoms include headaches, confusion, dizziness, and sensitivity to light or noise.
Brain Contusion
A brain contusion is a bruise directly on your brain tissue. This occurs when small blood vessels in your brain break from impact, causing bleeding and swelling.
Unlike a regular bruise on your skin, brain swelling is dangerous because your skull can’t expand to make room.
Related: The Danger of Brain Swilling After Car Accident
Diffuse Axonal Injury
Diffuse axonal injury (DAI) happens when your brain’s nerve fibers tear from violent rotation or shifting. These nerve fibers, called axons, connect different parts of your brain and help them communicate.
DAI often doesn’t show up on standard CT scans or MRIs, but it can cause severe problems with memory, concentration, and personality.
Coup-Contrecoup Injury
A coup-contrecoup injury damages your brain in two places. The “coup” injury happens where your brain first hits your skull, and the “contrecoup” injury occurs when your brain bounces back and hits the opposite side.
This double impact is common in side-impact crashes where your head moves violently from side to side.
Hematomas and Hemorrhages
Hematomas are collections of blood, and hemorrhages are active bleeding inside your skull. Both put dangerous pressure on your brain tissue.
| Type | Location | What It Means |
| Epidural Hematoma | Between skull and brain’s outer layer | Usually needs emergency surgery |
| Subdural Hematoma | Under the brain’s outer protective layer | Can develop slowly but very dangerous |
| Intracerebral Hemorrhage | Inside brain tissue itself | Severity depends on size and location |
Skull Fracture
A skull fracture is a crack or break in the bone surrounding your brain. The main danger comes from bone pieces pushing into brain tissue, which can cause direct damage and increase infection risk.
Hypoxic or Anoxic Brain Injury
This injury happens when your brain doesn’t get enough oxygen (hypoxic) or gets no oxygen at all (anoxic). During a car accident, chest injuries, blocked airways, or blood loss can prevent oxygen from reaching your brain.
Brain cells start dying within minutes without oxygen, making this a medical emergency.
Secondary Brain Injury
Secondary brain injury refers to additional damage that happens hours or days after the initial trauma. Your brain may swell, develop inflammation, or have reduced blood flow that causes more harm than the original impact.
This is why doctors monitor brain injury patients closely even after the accident seems over.
Related: The 10 Most Severe Head-On Collision Injuries
Signs and Symptoms to Watch For
Brain injury symptoms can appear immediately or develop days or weeks later. You need to watch for any changes because even mild symptoms can signal serious injury.
Immediate warning signs:
- Severe headache: Gets worse over time instead of better
- Loss of consciousness: Even for just a few seconds
- Repeated vomiting: More than once after the accident
- Seizures: Any convulsions or unusual movements
- Pupil problems: One pupil larger than the other
Delayed symptoms that may appear later:
- Memory problems: Forgetting things you normally remember
- Mood changes: Unusual irritability, depression, or anxiety
- Sleep issues: Can’t sleep normally or sleeping too much
- Balance problems: Dizziness or trouble walking straight
- Light sensitivity: Normal lighting hurts your eyes
Do I Have a Claim for a Car Accident Brain Injury?
You may have a legal claim in Nevada if another person’s careless driving caused your brain injury. We need to prove four things to win your case.
Duty of care means the other driver had a responsibility to drive safely. Breach of duty means they violated that responsibility through actions like speeding, texting, or running red lights.
Causation connects their careless driving directly to your accident and brain injury. Damages are the actual losses you suffered, including medical bills, lost wages, and pain.
Nevada follows comparative negligence rules, which means you can still recover money even if you were partially at fault.
As long as you’re less than 51% responsible for the accident, you can get compensation reduced by your percentage of fault.
How Much Are TBI Car Accident Settlements
There’s no standard calculator for brain injury settlements because every case is unique.
Settlement amounts vary widely depending on injury severity, ranging from modest sums for mild concussions to substantial awards for severe, life-changing injuries.
Factors That Increase TBI Settlement Value
Several key factors determine how much your brain injury case is worth.
Severity and permanence of your injury matters most. Mild concussions that heal completely are worth less than severe injuries causing permanent disability.
Medical costs include all past and future treatment, from emergency care to years of rehabilitation and therapy. Lost earning capacity covers not just missed work days but your reduced ability to earn money for the rest of your life.
Life impact compensation addresses how the injury affects your relationships, hobbies, and daily activities that make life enjoyable.
Policy Limits, Multiple Defendants, and Fault
The at-fault driver’s insurance policy limits can cap how much money is available. If the at-fault driver’s insurance limits are lower than your total damages, you may not be able to recover the full amount.
However, multiple parties might share responsibility. The other driver, their employer, a bar that over-served alcohol, or even a vehicle manufacturer could all be liable.
Your own fault percentage reduces your final award under Nevada law. If you’re partially at fault, your recovery will generally be reduced based on your share of responsibility.
Additional Reading: Average Settlement for a Concussion in a Car Accident
What Damages Can You Recover in a TBI Lawsuit
Nevada law allows you to seek three types of compensation for brain injuries.
Economic Damages
Economic damages cover your measurable financial losses. These include all medical expenses from the emergency room visit through future care needs. Understanding the types of damages available helps ensure you don’t overlook any compensation you deserve.
Lost wages include time off work for medical appointments and recovery. Lost earning capacity covers reduced income if you can’t return to your old job or work the same hours.
Rehabilitation costs include physical therapy, occupational therapy, and speech therapy. Home modifications might be needed if your injury affects mobility or daily functioning.
Non-Economic Damages
Non-economic damages compensate for losses that don’t have specific dollar amounts. Pain and suffering covers the physical discomfort and emotional distress from your injury.
Loss of enjoyment of life addresses activities you can no longer do or enjoy. Loss of consortium compensates your spouse for how the injury affects your relationship.
Punitive Damages
Punitive damages punish extremely reckless behavior and deter others from similar conduct. These are rare and only awarded when the other driver’s actions were particularly outrageous.
Examples include drunk driving, road rage, or intentionally causing an accident. You must prove the defendant’s conduct by clear and convincing evidence.
How to Prove a TBI When Scans Are Normal
Many brain injuries don’t show up on standard CT scans or MRIs, especially mild to moderate TBIs. Normal imaging results don’t mean you don’t have a brain injury.
Medical and Expert Evidence We Use
We work with specialists who understand how to diagnose and prove “invisible” brain injuries.
Neuropsychological testing measures cognitive functions like memory, attention, and processing speed. These tests compare your current abilities to what’s normal for someone with your background and education.
Advanced imaging like Diffusion Tensor Imaging (DTI) can reveal damage to brain pathways that standard scans miss. Expert witness testimony from neurologists explains to insurance companies and juries how brain injuries exist even with normal CT scans and MRIs.
Day-in-the-Life and Witness Evidence
Medical tests aren’t the only way to prove brain injury. We also use testimony from people who know you best.
Before and after witnesses include family members, friends, and coworkers who can describe how you’ve changed since the accident. They might testify about personality changes, memory problems, or your inability to handle tasks you used to do easily.
Day-in-the-life documentation shows how the injury affects your daily routine, from getting dressed to managing work responsibilities.
Steps That Protect Your TBI Claim
What to do after a car accident significantly impacts both your health and your legal claim.
Get Immediate Care and Follow Orders
Seek medical evaluation right away, even if you feel fine initially. Adrenaline can mask brain injury symptoms for hours or days.
Follow all doctor recommendations for treatment, medications, and follow-up appointments. Insurance companies use gaps in treatment to argue your injury isn’t serious or has healed.
Track Symptoms, Triggers, and Setbacks
Keep a daily journal documenting your symptoms and how they affect your life. Rate your pain level on a 1-10 scale and note cognitive problems like forgetting appointments or getting confused.
Record specific examples: “Couldn’t remember my coworker’s name” or “Got lost driving to the grocery store I’ve been to hundreds of times.” Note triggers: Bright lights, loud noises, or stress that make symptoms worse.
Avoid Recorded Statements and Quick Offers
Politely decline to give recorded statements to any insurance company without an attorney present. A car accident lawyer’s role includes protecting you from insurance adjusters who are trained to ask questions that can undermine your claim.
Early settlement offers rarely account for long-term brain injury costs. Insurance companies hope you’ll accept quick money before understanding the full extent of your injuries.
Preserve Scene, Digital, and Work Evidence
Gather and save all evidence related to your accident and injury. Take photos of vehicle damage, the accident scene, and any visible injuries.
Collect contact information for witnesses who saw the accident happen. Save all medical records and bills from every doctor visit and treatment.
Preserve work evidence like performance reviews showing your decline after the accident or emails demonstrating memory problems.
Nevada Laws That Affect Your TBI Claim
Nevada has specific laws that impact how much compensation you can recover and how long you have to file a lawsuit.
Modified Comparative Negligence Rule
Nevada uses a “51% bar rule” for fault in accidents.
You can recover compensation as long as you’re 50% or less at fault for the crash.
Your final award gets reduced by your fault percentage. If you’re 20% at fault and your damages are $100,000, you receive $80,000.
Statute of Limitations to File
The statute of limitations for car accident claims gives you two years from the accident date to file a brain injury lawsuit in Nevada. Missing this deadline usually means losing your right to compensation forever.
Brain injury cases need extensive preparation time, so contact an attorney as soon as possible after your accident.
UM/UIM and MedPay Coverage
Uninsured/Underinsured Motorist (UM/UIM) coverage protects you when the at-fault driver has no insurance or not enough to cover your damages. This coverage is part of your own auto insurance policy.
Medical Payments (MedPay) coverage helps pay initial medical bills regardless of who caused the accident. This optional coverage provides immediate help with emergency room visits and initial treatment.
Injured? Get Legal Help Today
At Ladah Injury & Car Accident Lawyers Las Vegas, our experienced brain injury lawyers understand the devastating impact of brain injuries on victims and their families. Our award-winning team includes former insurance defense attorneys who know exactly how insurance companies try to deny or minimize brain injury claims.
We have secured substantial settlements and verdicts for our clients, including in traumatic brain injury cases.
We offer 24/7 support because brain injury symptoms don’t follow business hours. Your initial consultation is completely free, and we work on contingency, meaning you pay no attorney fees unless we win your case.
Contact us today for your free case evaluation at our offices in Las Vegas, Spring Valley, or North Las Vegas and let our experience fight for the compensation you deserve.
Frequently Asked Questions
What Is the Average Settlement for a Car Accident Brain Injury?
Settlement amounts for brain injuries vary widely, from lower awards for mild concussions to substantially higher compensation for severe, permanent injuries.
How Long Do TBI Car Accident Claims Take in Nevada?
Brain injury claims can take substantial time to resolve because they require extensive medical documentation and expert testimony.
Can I Prove a TBI if My CT or MRI Is Normal?
Yes, many brain injuries don’t appear on standard imaging, especially mild to moderate TBIs and concussions. We prove these injuries using neuropsychological testing, expert medical testimony, and witness statements about your cognitive and behavioral changes.
Do I Need a Neuropsychological Evaluation for a TBI Claim?
While not legally required, neuropsychological testing provides objective evidence of cognitive deficits that significantly strengthens your claim. These tests measure memory, attention, and processing speed changes that insurance companies can’t easily dispute.
Will UM or UIM Cover a Hit-and-Run Brain Injury?
Yes, your Uninsured Motorist coverage typically applies to hit-and-run accidents where the at-fault driver cannot be identified or located. This coverage is crucial for ensuring compensation when the responsible party is unknown.
What if My Symptoms Appeared Weeks After the Crash?
Delayed brain injury symptoms are medically recognized and common, especially for mild TBIs. Seek immediate medical evaluation when symptoms appear and document when they started to establish the connection to your accident.
Should I Give a Recorded Statement to the Insurance Company?
No, politely decline recorded statements to any insurance company until you consult with an attorney. Insurance adjusters use these statements to find inconsistencies or admissions that can reduce or deny your claim.
Can I Recover Compensation if I Was Partly at Fault in Nevada?
Yes, Nevada’s comparative negligence law allows recovery if you’re 50% or less at fault for the accident. Your total compensation will be reduced by your percentage of fault, but you can still receive substantial compensation for your injuries.