Our client was rear-ended in Brentwood while driving his 2005 Land Rover SUV. He was stopped waiting for the traffic ahead to move when his vehicle was struck on the left rear by the adverse party’s GMC Yukon SUV.
The impact was so great that it forced our client’s vehicle to cross the traffic lane before coming to a stop against a bordering sound wall. The Land Rover was inoperable and had to be towed from the scene of the accident.
The Brentwood Police Department investigated the collision and cited the other driver for driving at an unsafe speed and not maintaining a safe distance from the vehicle in front of him.
Case Details
Our client was transported from the accident site by ambulance to Sutter Delta Medical Center in Brentwood, CA, where he was seen in the emergency center. He reported experiencing neck and shoulder pain that radiated down the left arm and throbbing right temporal headaches. During post-accident recovery, he continued to experience migraine headaches and problems with loss of memory, concentration and forgetfulness.
The injured party was evaluated by a neuropsychologist whose findings strongly suggested traumatic brain injury. The examiner’s diagnostic impression was that of post-concussion syndrome and acute stress disorder.
A month prior to the accident, our client had started a computer program development and design business. However, due to the symptoms resulting from the accident he found it difficult to maintain the level of participation and intensity necessary for the growth of the new venture.
GJEL Accident Attorneys partner Andy Gillin was retained by the injured party and his wife.
The couple wanted to know:
- Could they be compensated for their medical expenses incurred as a result of the injuries sustained in the accident?
- Would they be able to recover for economic damage resulting from our client’s problems maintaining his new business?
Attorney Andy Gillin negotiated with the adverse driver’s insurance carrier, CSAA. Mr. Gillin was able to obtain agreement from CSAA to pay their policy limits to our client without filing a civil complaint. The GJEL attorneys were able to achieve a maximum recovery in the client’s favor by obtaining a significant reduction in the lien accrued by Blue Shield, the medical payments insurer.
Case Facts:
| Insurance Company Names: | CSAA, Blue Shield |
| Location of Accident: GPS Coordinates & Map (Casey provides) | Bypass Road near Balfour Road, Brentwood, CA |
| Police Report | Brentwood P.D. |
| Vehicle Types | 2005 Land Rover, 2007 GMC Yukon |
| Accident Locations: | |
| Hospitals and Medical Centers Visited | Sutter Delta Medical Center |
| Types of Injuries (Specific as possible) | Closed head brain injury, post-concussion syndrome and acute stress disorder |
What to do if you or a loved one experienced post concussive syndrome after a car accident
If you suffer a concussion or any head injury due to a car accident, it can be a traumatic experience. At GJEL Accident Attorneys, a California personal injury law firm, the lawyers can help you file a claim and get the compensation you deserve for the damages and losses you incurred. Here are some important factors to consider:
- Car accidents are one of the most common causes of concussions. You can sustain a concussion (a mild traumatic brain injury) by hitting your head or from whiplash or violent jostling during the crash. Seek medical attention if you or your loved one have been in a car accident and are experiencing symptoms of a concussion, such as sleep disturbances, fatigue, dizziness, cognitive impairment, memory loss, vision problems, hearing problems, headache, neck pain, mid-back pain, and emotional symptoms.
- The legal landscape and pitfalls of car accident settlements can be complicated and often confusing. The insurance company of the at-fault driver should pay for property damage, medical expenses, and other damages from the accident. However, they may attempt to deny your claim or avoid these responsibilities. In addition, insurance companies may not have your best interests in mind. Therefore, it’s important to hire an attorney who can represent you in court and fight for your rights.
- People most often seek legal assistance from an accident attorney when the culpable party’s insurance company isn’t forthcoming with the help they need. This can occur with property damage, covering necessary medical treatment for personal injury from the accident, and even things like rental car reimbursement. An attorney can help you file a claim and get the compensation you deserve for the damages and losses you incurred.
- The severity of a concussion can vary, and the symptoms can last months or years, especially if not treated. You don’t have to lose consciousness to develop a concussion. Concussion and whiplash can both cause lingering symptoms if not treated. In some cases, the victim may develop post-concussion syndrome, which is a combination of physical and emotional symptoms, such as dizziness, nausea, vomiting, fatigue, depression, anxiety, irritability, personality changes, and cognitive impairment. At Cognitive FX, our specialty is treating patients with lasting post-concussion symptoms.
- You can sue for post-concussion syndrome. If you are currently negotiating or litigating with an insurance company following an accident, your treatment here might be covered under your personal injury compensation. An attorney can help you prove post-concussion syndrome and get the compensation you deserve for the damages and losses you incurred. They can also help you navigate the legal process, provide representation in court, and help you avoid common legal pitfalls.
- According to the National Highway Traffic Safety Administration (NHTSA), about one of every 61 car occupants in tow-away car crashes receives a mild traumatic brain injury. However, there is reason to think that number is low. Research shows that over half of concussions may be missed in emergency room settings, which means the true number could be closer to one in 26 odds of a concussion after a car accident. Therefore, it’s important to seek medical attention immediately after a car accident, even if you don’t think you have a concussion.
In summary, suffering a concussion or any head injury due to a car accident can be a traumatic experience. If you have sustained a concussion in a car accident, you should seek medical attention immediately and hire an attorney to represent you in court. An attorney can help you file a claim and get the compensation you deserve for the damages and losses you incurred. They can also help you prove post-concussion syndrome and navigate the legal process, provide representation in court, and help you avoid common legal pitfalls.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.