Car accidents happen every day, and while some people walk away with only minor bruises, others suffer serious injuries that aren’t immediately apparent.
Mild and moderate brain injuries are among the most commonly overlooked injuries after a crash. Many people assume that if they weren’t knocked unconscious or didn’t suffer visible wounds, they don’t have a brain injury.
However, even a “mild” traumatic brain injury (TBI) can have long-term consequences on a person’s health, work, and daily life.
If you or a loved one suffered a mild or moderate brain injury after a car accident in Bella Vista, Arkansas, you may be wondering:
- Can I sue for my injury?
- Do I have a strong case?
- What kind of compensation can I receive?
If another party was at fault, you may be eligible for compensation. At Davis Legal, we’ve helped many victims of traumatic brain injuries (TBIs) get the justice and compensation they deserve.
In this guide, we’ll explain your legal rights, how to determine if you have a case, and how to maximize your compensation.
1. Understanding Mild and Moderate Brain Injuries
What Are Mild and Moderate Brain Injuries?
When people hear the term “brain injury,” they often think of severe TBIs that cause comas or permanent disability. However, even mild or moderate TBIs can have lasting effects.
A mild TBI (such as a concussion) can cause:
- Headaches
- Dizziness or balance issues
- Nausea or vomiting
- Memory problems
- Difficulty concentrating
- Mood swings or irritability
A moderate TBI may involve more severe symptoms, including:
- Extended confusion or disorientation
- Persistent headaches that don’t improve
- Slurred speech or delayed responses
- Sensitivity to light or noise
- Emotional disturbances, such as depression or anxiety
How Do These Injuries Affect Your Life?
While a mild or moderate brain injury might not be as obvious as a broken bone, it can still disrupt your daily life. Many victims:
- Struggle to return to work due to cognitive or memory issues.
- Experience personality changes, such as mood swings, anxiety, or depression.
- Have difficulty with daily tasks like reading, driving, or even carrying on conversations.
- Face high medical costs for therapy, rehabilitation, and ongoing treatments.
Ignoring these injuries can lead to worsening symptoms over time, so it’s critical to take legal action if someone else’s negligence caused your injury.
2. Can You Sue for a Mild or Moderate Brain Injury in [City]?
Do You Have a Legal Case?
You may be eligible to sue if your brain injury resulted from someone else’s negligence. In car accidents, negligence may involve:
- A distracted driver (texting, eating, or using a phone while driving).
- A reckless or speeding driver.
- A driver under the influence of alcohol or drugs.
- Poorly maintained roads that contributed to the accident.
To build a strong case, you’ll need to prove:
- The other party was negligent (i.e., they acted carelessly or broke traffic laws).
- Their negligence directly caused your accident.
- You suffered a brain injury as a result.
Who Can You Sue?
Depending on the details of your accident, you may be able to file a lawsuit against:
- The at-fault driver (for reckless or negligent driving).
- A commercial trucking company (if you were hit by a truck).
- A car manufacturer (if defective brakes or airbags contributed to your injury).
- A government agency (if poor road conditions played a role).
Each case is unique, so it’s important to consult a personal injury lawyer who can help identify the responsible parties.
3. Compensation: What Can You Recover in a Brain Injury Lawsuit?
Types of Damages You May Be Entitled To
If you file a lawsuit for a mild or moderate brain injury, you may be able to recover compensation for:
- Medical expenses: hospital visits, MRIs, CT scans, cognitive therapy, and rehabilitation.
- Lost wages: If your injury prevents you from working, you can claim compensation for lost income.
- Future earnings loss: If your injury affects your ability to earn a living, you may receive compensation for reduced earning capacity.
- Pain and suffering: Emotional distress, anxiety, depression, and loss of quality of life.
- Property damage: If your vehicle was damaged in the accident, you can seek reimbursement for repairs or replacement.
How Much Is Your Case Worth?
The value of your case depends on:
- The severity of your injury and how long it lasts.
- The total medical costs for treatment.
- Whether you can return to work or need ongoing care.
- The level of negligence from the at-fault party.
Insurance companies often downplay brain injuries, arguing that mild or moderate TBIs don’t justify high settlements. This is why it’s essential to have a lawyer fight for fair compensation.
4. How to Strengthen Your Case
What You Should Do After a Brain Injury Accident
To increase your chances of winning your case, follow these steps:
- Seek immediate medical attention. Delaying treatment can weaken your claim.
- Get a full medical evaluation. Ask for a written diagnosis and treatment plan.
- Document everything. Keep records of medical bills, lost wages, and personal notes about your symptoms.
- Avoid discussing your injury with insurance adjusters. They may use your words against you.
Why Hiring a Brain Injury Lawyer is Critical
An experienced attorney can:
- Gather medical evidence to prove the severity of your injury.
- Negotiate with insurance companies to get a fair settlement.
- Take your case to court if necessary.
Even mild brain injuries can have serious, long-term consequences, and you shouldn’t have to bear the financial burden alone. If you suffered a TBI in a car accident due to someone else’s negligence, you have the right to sue for compensation.
Don’t wait—time limits apply to personal injury claims in Bella Vista, Arkansas. Take action now to protect your rights and secure your future.
At Davis Legal, we have helped countless accident victims recover compensation for brain injuries. We understand the challenges you’re facing and are here to help you every step of the way.
Contact us to schedule a free case evaluation – No upfront costs, no obligations.
Call Davis Legal at 662-617-9028 and don’t settle for less than you deserve—get the justice and compensation you need!
