One of the most serious injuries from a Philadelphia car accident is a brain injury which can range from a mild traumatic brain injury to a traumatic brain injury.
If you have a mild traumatic brain injury as a result of a Philadelphia car accident, it can be very difficult to diagnose. The reason is due in large part to the fact that the symptoms of mild traumatic brain injury often do not emerge until the car accident victim returns to their daily routine. We will discuss this through an example provided below.
Mild Traumatic Brain Injury from a Car Accident
A 21 year old was injured in a car accident at an intersection in Philadelphia. He was stopped at a red light when a car behind him didn’t stop for the red light. As a result, the 21 year old’s car was hit from behind, which pushed his car into the intersection. In the intersection, the driver’s car was hit again by cars traveling through the green light. Consequently, the 21 year old hit his head on the steering wheel after he was hit from behind, and he also hit his head on the driver side window after he was hit by another vehicle in the intersection. The driver suffered several lacerations, pain to his back and neck and head as a result of the car accident.
The driver was taken to nearby hospital to be treated. Imaging studies of his back and neck showed that he had herniated discs. He also had a headache, but he was lucid and able to answer all of the doctor’s questions. Brain imaging studies were also ordered, but the results showed normal images. The driver was diagnosed with a concussion and discharged after he was treated. He was told to follow up with his doctor.
The driver rested for about a week before going back to school. On his first day back at school, he found that he had difficulty concentrating and listening to his professors during class. In addition, as the day went on, he started to get headaches that got worse. Initially, he thought he was still recovering and didn’t think anything of it. However, as the week passed, he found his symptoms getting worse. He had headaches often and even found that he had problems finding the words he wanted to say. He was a math tutor at his school and could no longer tutor because he couldn’t concentrate. The driver was suffering from various cognitive impairments. Finally, the driver saw a physician who diagnosed him with a mild traumatic brain injury.
What are the Driver’s Legal Rights?
In this above situation, the driver has a right to file a personal injury car accident lawsuit against the at-fault driver who hit him from behind. He may be able to recover for the following damages:
- medical expenses,
- lost wages,
- out of pocket expenses, and
- pain and suffering.
If the driver exhausts his PIP coverage and has medical expenses beyond the coverage, he may recover his medical expenses from the at-fault driver in a subsequent car accident lawsuit. In addition, if the driver needs future medical treatment such as cognitive therapy, he may also recover future medical expenses from the driver.
Since the driver could not work as a tutor, he can recover his lost wages from the at-fault driver. Like the medical expenses, he may also be able to recover future lost wages due to his injuries. For instance, if the driver was contracted to work 10 hours a week as a tutor at his school for the entire school year and he was injured after the first semester, he may be able to recover for his future lost wages for the second semester.
Out of Pocket Expenses
If the driver has other out of pocket expenses, he may recover from the at-fault driver. For instance, if due to his headaches, the driver can no longer drive and has to take taxis to his doctors’ appointments, he would be able to recover the taxi fare from the at-fault driver.
Pain and Suffering
Lastly, the driver can recover compensation for pain and suffering. However, pain and suffering damages are not as easily calculated as medical expenses, lost wages and out of pocket expenses. Pain and suffering damages are dependent on how the driver’s daily life is affected. If he has headaches that prevent him from doing what he did before the accident, such as exercise, go on walks, watch TV, go to school, then he has significant pain and suffering. Therefore, pain and suffering damages will depend on the totality of the circumstances.
Help After a Car Accident in Philadelphia
If you or a loved one was injured in a car accident in Philadelphia and suffer from a mild traumatic brain injury, call Jordan Namerow, a Philadelphia car accident lawyer. Mr. Namerow offers FREE consultations. 215.985.0777