In South Carolina, the average concussion car accident settlement amount is from $7,500 to $150,000 and the amount depends on a number of factors:
- Injury severity
- Medical treatment required
- Long-term effects
- Insurance coverage
- At-fault driver’s negligence
Need a settlement for concussion in a car accident?
If you’re seeking compensation for a concussion injury sustained in a car accident, it’s vital to understand your legal rights. You must have been injured directly from the crash and be within South Carolina’s statute of limitations, which is three years from the date of the accident.
Every concussion case is unique, with settlement amounts varying based on your specific circumstances and the impact on your life. Our experienced team at Jamie Casino Injury Attorneys will provide tailored advice for your situation and offer a free consultation to evaluate your case.
Contact our Columbia personal injury lawyer today for a comprehensive review of your concussion injury claim.
Our concussion settlement amounts
At Jamie Casino Injury Attorneys, we have secured significant settlements for our clients involved in various types of accidents:
- $2,400,000 Settlement: Bicyclist fatally injured by a commercial vehicle, demonstrating our commitment to fighting for maximum compensation in catastrophic injury cases.
- $1,124,615 Jury Verdict: Head-on collision caused by a drunk driver resulting in severe injuries requiring extensive medical treatment.
- $1,025,000 Settlement: Rear-end collision involving a tractor-trailer that caused significant injuries to our client.
- $1,000,000 Settlement: DUI collision case resulting in moderate injuries but significant long-term impacts.
- $285,000 Settlement: Rear-end collision causing various injuries including neck and back trauma.
Types of concussion settlements in a car accident
Concussion settlements vary based on the severity of the injury, recovery time, and long-term effects on the victim’s life. The following categories outline common settlement ranges for different types of concussion injuries.
Mild concussion settlement value
The average mild concussion settlement value in South Carolina is $10,000 to $25,000, covering medical expenses, short-term lost wages, and compensation for temporary pain and suffering. These cases typically involve symptoms that resolve within a few weeks to months.
Mild concussions may still require emergency room visits, follow-up appointments, and potentially some time off work. Even “mild” cases deserve proper compensation to cover all related expenses.
Post traumatic vision syndrome settlement
In South Carolina, an average post traumatic vision syndrome settlement is $30,000 to $75,000, reflecting the specialized treatment often required for this condition. This syndrome can significantly impact a person’s ability to work and perform daily activities.
Vision problems following a concussion may include blurred vision, light sensitivity, and difficulty focusing, which can persist for months or even become permanent. These settlements account for ongoing treatments with specialists and possible accommodations needed for daily living.
Concussion and PTSD settlements
Typical concussion and PTSD settlements are $50,000 to $150,000, recognizing the dual impact of physical and psychological trauma. When both conditions occur together, victims often face a more difficult recovery process requiring multiple types of treatment.
The psychological impact can sometimes outlast the physical symptoms, requiring long-term therapy and potentially affecting the victim’s ability to drive again or maintain employment. These settlements reflect the comprehensive care needed for dual diagnosis cases.
Average pain and suffering settlement for a concussion
The average pain and suffering settlement for a concussion in South Carolina is $7,500 to $50,000, varying widely based on severity and impact on quality of life. This non-economic damage compensates for the invisible suffering that accident victims endure.
Pain and suffering calculations typically consider factors such as sleep disturbances, headaches, mood changes, and overall diminished enjoyment of life. Documentation from mental health professionals can significantly strengthen these claims.
Contact our Columbia car accident lawyer today to discuss how we can help maximize your concussion settlement.
How to maximize your concussion car accident settlement amount
- Document all symptoms immediately: Record all concussion symptoms, including headaches, dizziness, memory issues, and sleep disturbances as soon as they appear.
- Seek prompt medical attention: Visit a doctor right away after your accident, even if symptoms seem minor, as concussions can worsen over time.
- Follow all treatment plans: Adhere strictly to your doctor’s recommendations and attend all follow-up appointments to demonstrate your commitment to recovery.
- Track all expenses: Keep detailed records of all medical bills, medication costs, transportation to appointments, and any other expenses related to your injury.
- Hire our experienced attorney: Partner with our knowledgeable South Carolina personal injury attorney who understands concussion cases and has a proven track record.
Factors influencing the average settlement for a concussion in a car accident
The settlement amount for a concussion injury varies based on multiple factors that insurance companies and courts consider when evaluating claims. Knowing these factors can help you better prepare your case:
- Severity of injuries
- Symptoms
- Type of injury
- Impact on daily life
- Medical expenses
- Loss of income and earning capacity
Severity of injuries
The severity of a concussion significantly impacts settlement amounts, with more serious cases resulting in higher compensation. Concussions are categorized on a scale from grade 1 (mild) to grade 3 (severe), with each level carrying different settlement expectations.
🧠 Medical imaging such as MRIs or CT scans that show visible brain trauma can provide compelling evidence of severe injury.
For example, a grade 3 concussion with loss of consciousness for over 5 minutes might warrant a settlement 3-5 times higher than a grade 1 concussion with minimal symptoms. Courts recognize that severe concussions often require more extensive treatment and have a greater impact on daily functioning.
Symptoms
The type, duration, and intensity of concussion symptoms play a essential role in determining settlement values. Common symptoms include headaches, dizziness, confusion, memory problems, and sensitivity to light and sound.
🩺 Documented evidence of persistent symptoms over time, especially those verified by medical professionals at Medical University of South Carolina or other respected institutions, strengthens your case for higher compensation.
For instance, settlements typically increase significantly when symptoms persist beyond the expected recovery period of 1-3 months. A concussion victim who experiences debilitating headaches for six months will likely receive more compensation than someone whose headaches resolved within two weeks.
Type of injury
Different mechanisms of concussion injury can affect settlement amounts, with more traumatic impacts often resulting in higher compensation. Concussions can occur from direct blows to the head, violent shaking, or rapid acceleration-deceleration movements.
Coup-contrecoup injuries, where the brain is damaged at both the site of impact and the opposite side, typically warrant higher settlements due to their more widespread effect. Similarly, concussions accompanied by visible injuries like lacerations or skull fractures generally result in larger settlements than “invisible” injuries.
Impact on daily life
How a concussion affects your ability to perform daily activities and maintain your quality of life significantly influences settlement amounts. This includes impacts on work, household responsibilities, social activities, and personal relationships.
🏠 Courts in South Carolina recognize both economic and non-economic damages related to lifestyle changes. A person who can no longer participate in previously enjoyed hobbies or who requires assistance with basic tasks will typically receive higher compensation.
For example, a concussion settlement would likely be higher for a construction worker who can no longer perform their job due to balance issues or a college student who experiences persistent concentration problems affecting academic performance. Documentation from South Carolina Vocational Rehabilitation Department can help establish these functional limitations.
Medical expenses
All past and anticipated future medical costs related to your concussion are key factors in settlement calculations. This includes emergency care, diagnostic tests, doctor visits, medication, therapy, and any specialized treatments.
A concussion requiring multiple specialist consultations, cognitive rehabilitation therapy, and ongoing medication will warrant a higher settlement than one requiring only initial emergency care and a follow-up visit. Detailed medical records and expert testimonies about expected future treatment needs are essential for maximizing this portion of your settlement.
Loss of income and earning capacity
Any wages lost due to your concussion, as well as any reduction in your future earning potential, are significant settlement factors. This includes missed work during recovery and any permanent limitations affecting your career. Documentation from employers and vocational experts can establish both immediate wage losses and long-term career impacts.
💵 Documentation from employers and vocational experts can establish both immediate wage losses and long-term career impacts. Research from the South Carolina Department of Employment and Workforce shows that brain injury victims often experience a 15-30% reduction in lifetime earnings.
For instance, a highly-paid professional who misses three months of work and then must reduce their hours permanently due to concussion symptoms might receive hundreds of thousands in lost income compensation. Even temporary absences for medical appointments and recovery time are compensable and should be carefully documented.
South Carolina car accident laws affecting concussion settlement amounts
South Carolina’s legal framework significantly impacts how concussion injury claims are handled and valued. Knowing these laws can help you manage the claims process more effectively.
Modified comparative negligence
South Carolina follows a modified comparative negligence rule that reduces your compensation by your percentage of fault in causing the accident. However, you can only recover damages if you’re found to be 50% or less responsible for the accident.
This means if you’re awarded $100,000 for your concussion injury but found 20% at fault, your settlement would be reduced to $80,000. If you’re found 51% or more at fault, you cannot recover any compensation, regardless of your injuries.
Working with our experienced attorney is essential to minimize any finding of comparative fault and protect your right to full compensation. Our team at Jamie Casino Injury Attorneys is skilled at gathering evidence that establishes the other driver’s primary responsibility.
Statute of limitations
South Carolina imposes a strict three-year statute of limitations for filing personal injury claims, including those for concussion injuries sustained in car accidents. This time limit begins on the date of the accident, not when symptoms appear.
This deadline is absolutely critical, as failing to file within three years will almost always result in losing your right to seek compensation. For minors, the statute of limitations may be extended, but it’s best to consult with our attorney as soon as possible.
In some rare cases involving latent injuries that couldn’t reasonably have been discovered immediately, the “discovery rule” might apply, but these exceptions are limited and require strong legal arguments to succeed.
Mandatory insurance requirements
South Carolina requires all drivers to carry minimum liability insurance coverage, which impacts the funds available for concussion settlements. The minimum requirements are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.
These minimums are often insufficient to cover serious concussion injuries, especially those requiring extensive treatment or resulting in long-term effects. This is why uninsured/underinsured motorist coverage is so important, as it provides additional compensation when the at-fault driver lacks adequate insurance.
If your damages exceed available insurance, our attorneys will explore additional avenues for compensation, such as pursuing the at-fault driver’s personal assets or identifying other potentially liable parties such as employers or vehicle manufacturers.
The process for a car accident concussion settlement
- Initial medical assessment: Seek immediate medical evaluation to document your concussion and establish a connection to the accident.
- Attorney consultation: Meet with our personal injury attorney who will evaluate your case and advise on the potential settlement value.
- Claim filing: Our attorney will file a claim with the appropriate insurance companies, including detailed documentation of your injuries.
- Investigation and documentation: Gather evidence including accident reports, witness statements, medical records, and expert opinions on your concussion.
- Demand and negotiation: Your attorney will submit a demand letter and negotiate with insurance adjusters to reach a fair settlement.
Challenges in pursuing a post-concussion syndrome car accident settlement
Pursuing compensation for post-concussion syndrome presents unique challenges that can complicate the settlement process. Knowing these obstacles helps you better prepare for your case.
Proving the Injury
Concussions are often called “invisible injuries” because they may not appear on standard imaging tests, making them challenging to prove definitively. Unlike broken bones that show clearly on X-rays, mild traumatic brain injuries can be difficult to document objectively. Insurance companies frequently challenge concussion claims, arguing that symptoms are exaggerated or unrelated to the accident.
🔍 Insurance companies frequently challenge concussion claims, arguing that symptoms are exaggerated or unrelated to the accident. Working with neurologists from Prisma Health or other respected South Carolina medical centers can provide credible documentation of your injury.
Medical tests such as specialized MRIs, cognitive assessments, and balance testing can help establish objective evidence of your concussion. Keeping a daily symptom journal and having friends or family members document observed changes in your behavior can also strengthen your case.
Delayed Symptoms
Concussion symptoms often don’t appear immediately after an accident, making it difficult to connect them to the collision. Some victims feel relatively normal at the accident scene, only to develop headaches, confusion, or other symptoms hours or days later.
This delay can create significant legal challenges, as insurance companies may argue that the symptoms are unrelated to the accident or caused by a pre-existing condition. Seeking medical attention promptly, even if symptoms seem minor, creates essential documentation linking your concussion to the accident.
The unpredictable progression of concussion symptoms also complicates settlement timing, as it’s important not to settle before knowing the full extent of your injury. Our attorneys work with medical experts to ensure your settlement accounts for both current and potential future symptoms.
Dealing with Insurance Companies
Insurance adjusters often minimize concussion injuries, arguing they aren’t “serious” or should resolve quickly. These tactics are designed to reduce settlement amounts and can be particularly effective with “invisible” injuries like concussions.
⚠️ Be cautious about giving recorded statements to insurance adjusters, as they may use your words against you.
Insurance companies may also drag out the claims process, hoping you’ll accept a lower settlement due to financial pressure. Our attorneys understand these tactics and will shield you from direct interactions with adjusters while advocating for fair compensation that reflects the true impact of your concussion.
The vital role of medical evidence in a concussion lawsuit settlement
Diagnostic Tests and Evaluations: Neuroimaging such as MRIs, CT scans, and functional tests provide objective evidence of brain injury. Neuropsychological assessments measuring cognitive function can document deficits even when imaging appears normal.
Expert Medical Testimony: Neurologists, neuropsychologists, and rehabilitation specialists can explain complex brain injury concepts to insurance adjusters and juries. Their professional opinions linking your symptoms to the accident and projecting future recovery significantly strengthen your claim.
How our experienced South Carolina personal injury lawyers can help
At Jamie Casino Injury Attorneys, we understand the complex nature of concussion injuries and the challenges victims face in securing fair compensation. Our team brings together medical knowledge, legal expertise, and negotiation skills to build the strongest possible case for our clients.
We work closely with South Carolina’s leading neurologists and brain injury specialists to document your concussion comprehensively. Our experience handling similar cases gives us insight into appropriate settlement values and common insurance company tactics.
From gathering evidence at the South Carolina Department of Public Safety to consulting with healthcare providers at MUSC Health, we leave no stone unturned in building your case. We handle all communications with insurance companies, allowing you to focus solely on your recovery.
Don’t face this challenging process alone.
Contact us today for a free consultation or call at 912-214-3123 to discuss your concussion injury claim and learn how we will help secure the compensation you deserve.
FAQs
How long does it take to settle a concussion claim in South Carolina?
Most concussion settlements in South Carolina take between 6-18 months, depending on injury severity, treatment duration, and insurance company cooperation. Complex cases involving disputed liability or serious long-term effects may take longer to resolve properly.
Can I still recover damages if I wasn't wearing a seatbelt?
Yes, you can still recover damages even if you weren’t wearing a seatbelt, though your compensation may be reduced. South Carolina follows comparative negligence rules, so not wearing a seatbelt may reduce your settlement by the percentage of harm it caused.
Will my concussion settlement be taxed?
Generally, compensation for physical injuries and related medical expenses is not taxable under federal or South Carolina law. However, portions of your settlement designated for lost wages or punitive damages may be subject to taxation.
What if my concussion symptoms appear weeks after the accident?
You can still pursue compensation for delayed concussion symptoms, but documentation becomes essential. See a doctor immediately when symptoms appear, and explain the recent accident. Our experienced attorney will help establish this critical connection.
How do insurance companies calculate concussion settlements?
Insurance companies typically calculate concussion settlements by adding medical expenses and lost income, then applying a multiplier (usually 1.5-5) based on injury severity. Non-economic damages like pain and suffering are then added to reach a total settlement offer.
Concussion Severity | Typical Medical Costs | Settlement Range | Recovery Time | Common Symptoms |
Mild (Grade 1) | $2,000-$5,000 | $10,000-$50,000 | 1-3 weeks | Headache, dizziness, brief confusion |
Moderate (Grade 2) | $5,000-$15,000 | $50,000-$75,000 | 2-6 months | Memory issues, concentration problems, sensitivity to light |
Severe (Grade 3) | $15,000-$50,000+ | $75,000-$250,000+ | 6+ months | Loss of consciousness, persistent cognitive issues, mood changes |
Post-Concussion Syndrome | $20,000-$100,000+ | $100,000-$2 million | 1+ years | Chronic headaches, cognitive deficits, emotional changes |