Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.

5 Things To Know Before Communicating With Insurance Companies After a Crash

Car crashes are terrible and frustrating experiences. Insurance companies do not make that any easier for folks. Insurers are always demanding more information to “evaluate” the claim and want you to fill out mountains of forms, provide sensitive information, and give recorded statements. It can be confusing for the injured person who is trying to juggle their daily life with the added stress of crash-related injuries and the maddening information request from the Insurance Companies. Insurance Companies exploit this chaotic period by requesting information and claiming that they “have to have it.” Sometimes this is true, while other times it is not. Below are some tips that a person injured in a car crash or bike crash with a bad driver (the person that caused the crash) should know:

1. You Do Not Have to Give A Recorded Statement to the Bad Driver’s Insurance Company: You do not have to communicate with the bad driver’s insurance company if you do not want to. Usually, it is not a good idea to communicate with the bad driver’s insurance company because they will try and obtain information that they can and will use against you if you claim you were injured. The bad driver’s insurer may claim that you have to give a “recorded statement” that could not be further from the truth. You may communicate with the bad driver’s insurer on the property damage claim, but they won’t ask about the cause of the crash and injury. You typically have NOTHING to gain from giving a recorded statement to the Bad Driver’s insurer. They typically will look at medical records to determine the nature and extent of your injuries, and only use recorded statements as a tool to get dirt on you.

2. You Do Have to Give A Recorded Statement to Your Auto Insurance Company & PIP Insurer: People often get confused on this issue. However, just remember that you have a duty to cooperate with the company that you are paying to insure you. Virtually in every insurance policy mandates that you have to cooperate, provide information, and sign documents upon request. In Oregon, PIP Insurers (Click here for information on PIP) can even demand an Examination Under Oath (EUO). This is a formal recorded statement usually done by an insurance company lawyer. If you are facing a EUO then you should contact a personal injury lawyer ASAP. PIP insurance providers can also mandate that you appear for a medical examination. Again if this occurs you should contact a Portland personal injury lawyer ASAP. Sometimes the PIP’s Insurance Company and the Bad Driver’s Insurance Company are the same. If that occurs you should reach out to a personal injury lawyer. In any event, you should demand that the insurance company “bifurcate” the claims, so you do not have the same adjuster assigned to your PIP case and the bodily injury claim.

3. Be Prepared If You Do Give A Recorded Statement: Recorded statements are used to justify the insurance company’s lousy offer on your bodily injury claim. If they are a PIP recorded statement they are used to try and determine what is the reasonable and necessary treatment you will be receiving, any pre-existing injuries they can use to deny the crash injured you, and if there are any reasons to deny your PIP insurance claim or coverage. Questions like on a scale of 1 to 10 how is your pain right now take people off guard and is not a clear question. Which body part? Compared to who? They have other questions they will ask about your treatment. For example, both liability insurers and PIP insurers will ask specifically what type of treatment you are receiving and how often. If you say I am going to the chiropractor 2 times a week for manipulations, and then the next week you go three times in a week and have a massage, the PIP carrier may deny the extra visit per week and all the massage treatment. The liability insurer will claim the extra chiropractic visit and the massage was not related to the crash and try and blame a pre-existing condition. Both the liability and PIP adjusters will try and put words in your mouth and asks questions designed to give you a false choice designed to minimize your injuries.

4. You Do NOT Need To Sign Releases For The Bad Driver’s Insurer: The Bad driver’s insurer usually will send you forms soon after the crash. They will say that you are required to fill out forms related to Medicare and Medical Releases (HIPPA releases). They do not tell you the purpose of these forms is so that they can pull all of your medical records and scour them to search for any evidence of a pre-existing condition that they can blame for the crash-related symptoms. For example, if you had a sore neck after sleeping on it funny and mentioned that at an annual check-up 3 years before the crash; the insurance company will use that information to try and blame your neck pain on pre-existing degenerative conditions and not on the soft tissue damage caused by the crash. Additionally, if you mentioned to the doctor that you were struggling with alcohol addiction, then the bad driver’s insurer may try and claim the “emotional distress” you are suffering from the crash is actually just a symptom of your alcohol addiction. They will do this even if it is a stupid argument. However, insurers do this because they know that many people will be embarrassed if they have to discuss private things like alcoholism. Personal injury lawyers fight to ensure that only relevant medical records are produced in order to ensure the insurance companies cannot try and gain information that will be used to annoy, harass, or embarrass the defendant. Remember, if your own insurer is requesting that you sign forms for them that you have a duty to cooperate. If you have questions call Ross Law PDX at 503.224.1658.

5. You Do NOT Have to Sign the Bad Driver’s Insured’s Medicare Forms or Provide Your SSN: The bad driver’s insurance company will want you to give them your social security number right after the crash and claim it is required in every claim. That is NOT true. In fact, insurance companies will use the social security number to run you through various databases to determine if you have had any other crashes that they can blame your crash-related injuries on, or use that information to determine the amount of a settlement you may be willing to accept. Insurers also know that people without Social Security Numbers may be reluctant to pursue a claim if they have to provide an SSN. Simply by sending these forms and informing people they have to sign them, the insurance company may be able to increase their annual profits. Insurers usually claim they need the form for “Medicare” purposes. However, there are forms you can fill out to allow the insurer to notify Medicare without providing an SSN, and these forms are only necessary if there is a settlement and potential Medicare involvement. If you have questions about this please Call a Personal Injury Lawyer at Ross Law at 503.224.1658.

Please remember that situations vary and the law is constantly changing. This post is for informational purposes only and should not solely be relied upon. It is not to be considered legal advice. Please contact a Portland Personal Injury Attorney at Ross Law PDX at 503.224.1658. Jeremiah Ross is happy to provide a free personal injury case evaluation and discuss insurance issues with you.

5 Things People In Car Crashes Should Know About Dealing with the Bad Driver's Insurer:

It seems each time I meet with a new potential personal injury client they express extreme frustration and anger with the insurance companies involved in their case. Most of this anger is directed towards the other driver’s insurance company. I usually refer to the other driver that caused the motor vehicle crash as the “bad driver.”

Much of the frustration and anxiety comes from the misinformation from the insurance adjusters and the insurance industry. Insurance companies have worked hard to soften their images and gain the public’s trust with cute ad campaigns and by sponsoring events. Then when it comes time for the insurance company to do the right thing and honor the terms of the policy, they quickly switch to militant penny pinchers and will use a number of well-calculated strategies necessary to save the insurance company money. Below are some tips to assist people in dealing with the “bad driver’s” insurance company that may help alleviate frustration, anger, and anxiety from dealing with the insurance industry.

1)  The Bad Driver’s Insurance Company is Usually Not Represented by a Lawyer Until a Lawsuit is Filed:  It is rare that an injured person would be contacted by the bad driver’s insurance company’s’ lawyer. Most likely the person calling on behalf of the bad driver’s insurance company is an insurance adjuster.  These adjusters sometimes like to think they are lawyers or even doctors and often try and act like lawyers. In reality, many adjusters have little formal relevant education and rely on internal policies and spoonfed information generated by computers to assist them with their job of paying the bare minimum on every claim. They will refer to injuries as if they are highly knowledgeable about specific injuries. However, most adjusters do not have any formal medical education and are parroting what was learned in insurance industry seminars.  This is important to remember, so you are not intimidated by them.

2) There is NO requirement that an injured person speaks to the bad driver’s insurance company adjuster or lawyer. For more information on insurance company phone calls read my blog article.  

3) You Do NOT Need to Fill Out Forms or Provide Your Social Security Number to the Bad Driver’s Insurer: The bad driver’s insurer’s goal is to get away with paying the minimum amount of money to compensate you for your injuries. That is how they stay in business. To do this they are going to look for all sorts of dirt and information that they can use to diminish the value of your claim. For example, they are going to request that you sign a “medical release” to allow them to get your medical records. They may claim they need these records to evaluate the claim. This is true, but you can get them fromi the medical provider, review them for relevant records, and then provide them directly to the bad driver’s adjuster.

By signing the “medical release” you give the adjuster the authority to get all of your medical records and sometimes your mental health counseling records. Adjusters will use these records to attempt to find other plausible explanations for your injuries or symptoms. For example, if you went to the chiropractor 2 years before the crash, the bad driver’s insurance adjuster may obtain those records to claim that the current crash is not the cause of your injured back because the records from two years ago say you had a “sore back.” They may also obtain records to make you feel uncomfortable with being involved in the claim. For example, if your medical records describe an incident from a night you wish you forgot, then that inference that other people might learn about that night may be enough for you to accept less to settle your claim. They may want a release to obtain your employment information and claim they need it to evaluate a “wage loss claim.” However, that release will allow them to have access to your entire file and the sensitive information contained therein. The Bad Driver’s Insurance company will also claim that they need your social security number to process the claim or they will get in trouble with Medicare. The medicare issue is only partially true. The SSN is key for the bad driver’s insurer to run you through their computer databases to determine if you have prior insurance claims or crashes. This is more information they can use to devalue your claim. If you may be medicare eligible then you will likely need to either fill out a medicare form regarding your identity or provide the ssn when the case resolves. I usually tell the bad driver’s insurer that they can have my client’s information when I get the settlement check. If you have questions about this call a personal injury lawyer at 503.224.1658.

4) YOU Control Your Case Against the Bad Driver, NOT the Bad Driver’s Insurer:   I regularly hear people complain that the bad driver’s insurance company is going to “close their case” if they do not communicate with the adjuster or accept an offer to settle the case against the bad driver. People get concerned that if the bad driver’s insurance company closes their file then they will not be able to be compensated for their injuries. This could not be further from the truth. Insurance adjusters speak as if many internal insurance policies are the law and will affect the claim against the bad driver. For example, they may claim you have to return their call. However, as previously mentioned that is not the law. They may also claim that if you don’t accept an offer they are going to close their file. That may be true, but you have the option of filing a lawsuit as long as it is within the statute of limitations. That will force them to reopen the file (or whatever they call that in insurance land.) The bottom line is that you control the amount of the offer you will accept, when you communicate with the bad driver’s insurance company, and if you are going to sue the bad driver if the bad driver’s insurance company won’t make a fair offer.

5) They Are Going to Play Good Cop Bad Cop and Re-Assign Adjusters: Many people get extremely frustrated because their claim with the bad driver gets bounced around from adjuster to adjuster. Usually, the bad driver’s adjusters will be nice at first and kill you with kindness. They will try and gain your trust in an effort to convince you that you should settle for pennies on the dollar. If that does not happen, they may start to ignore your calls and their tone will usually become more adversarial. Then the adjuster may try and bully you into settling. If that does not occur, the insurance company may transfer the case to a new adjuster who will try and start over with the same routine above. The new adjuster may even tell you the former adjuster was “new” or was terrible at their job. This again is an attempt to gain your trust with the new adjuster. The new adjuster may offer a little more money in an effort to resolve the claim. If the claim doesn’t resolve then they will continue the cycle and get grumpier and grumpier until they transfer the file. This is a good tactic the bad driver’s insurers use to grind you down. They want to wear you down and have you tired of telling the same thing over and over. They want to frustrate you and find that weak moment when you finally say, “OK, I’ll settle?”

PRO-TIP: HAVING A LAWYER CAN REDUCE YOUR STRESS IN DEALING WITH INSURANCE COMPANIES: As a personal injury lawyer I look at it as my job to alleviate my client’s stress related to their bodily injury claim. In doing so, I communicate with the bad driver’s insurance company and there is no need for the client to fill out their silly forms or be bounced around on the phone for hours. If you have more questions about your car crash case call Ross Law at 503.224.1658. Jeremiah Ross is a Personal Injury Lawyer that represents clients throughout Oregon, including the Portland Metro Region, Eugene, Pendleton, Hermiston, Astoria, Cannon Beach, Scappoose, Medford and places in between.

Please remember to call a lawyer and not rely solely on this article. Please also remember that rules in states may be different than Oregon. Also, please remember that this article is based on the experience of a personal injury lawyer, and not an insurance company insider or employee. This post could be considered ATTORNEY ADVERTISING.

5 Things To Know if You Were In a Crash with a DUII Driver

Ross Law PDX recently resolved a case where our client was hit by a DUII driver. The driver was out drinking and decided to drive home. While he was driving his blood alcohol concentration was well over the legal limit. The speeding drunk driver ran a stop sign and T-Boned my client’s car. The crash totaled my client’s vehicle. The DUII driver then attempted to flee, but pulled over minutes later. The DUII driver was then arrested and charged with DUII and Reckless Driving. While the DUII driver was spending the night in jail, our client was at Urgent Care getting treatment for his injuries. The crash caused ourclient to suffer soft tissue injuries (neck and back strain) which thankfully healed in a short amount of time. Our client brought Ross Law on board and we were able to obtain the DUII Driver’s $25,000.00 policy limits very shortly after letting them know of our representation. This is not an unusual scenario in DUII crash cases. However, these cases are unique and many victims of DUII drivers are often getting less than they are entitled to simply because of confusion about their rights and obligations. The following five things should assist DUII victims in ensuring they receive maximum compensation for their losses:

1) You Have a Right to Receive A Police Report & Other Information: One of the first things that victims want to know is what happened to cause their injuries. Clients often say, “I don’t understand how he/she could have been so drunk and still driving.” Getting a police report helps victims learn what happened. It also helps them evaluate a civil case against the DUII Driver. The vast majority of the time the District Attorney will not release a police report while the case is pending under any circumstances. This is one exception to that rule. The law mandates that the District Attorney’’s Office must provide a report to victims or their lawyers if it is requested. See ORS 135.857.

2) The District Attorney Does Not “Represent” The Victim: The District Attorney’s job is to prosecute the DUII driver. This means that they will ensure that the DUII driver is either convicted of DUII or brought to trial for DUII. If the DUII driver is convicted of DUII, then the District Attorney may ask all victims involved if they are seeking restitution. This does not mean that the District Attorney is the victim’s lawyer. It simply means that the District Attorney (“DA”) is doing their job to ensure that the victims receive criminal restitution they are entitled to. This distinction is important to remember, because many people believe that the DA is also helping them with an “insurance claim” or getting compensation. Simply put, that is not he District Attorney’s job. That is what personal injury lawyers and crime victim lawyers such as Ross Law PDX do. This must be clear because the victims may limit their compensation if they do not exercise all of their rights. Click here to learn more about the difference between the district attorney and a civil attorney.

3) Criminal Restitution is Not the Same as Compensation in a Civil Case: Many times the District Attorney will send DUII victims a letter requesting if they are seeking “restitution.” Many people are confused about these letters and notices. Additionally, some DUII victims believe that seeking restitution is the same as pursuing a civil claim against the DUII driver. These are very different things. Criminal restitution is very limited. Criminal Restitution only covers “economic damages” caused by the defendant. Economic damages are defined as “objectively verifiable monetary losses.” These are often referred to as “out of pocket expenses.” Things like medical bills, burial expenses, lost income, costs to repair property, and insurance deductibles are routinely covered. See ORS 137.106(1) and ORS 31.710(2)(a). However, things like pain, suffering, frustration, anxiety, interference with activities of daily living are not recoverable as criminal restitution. These are non-economic damages. The DA has to make a claim for restitution within 90 days of sentencing, so it is important to communicate with the DA promptly if you are seeking restitution.

4) Insurance Companies Will Still Cover A DUII Crash: There are many instances when an insurance company refuses to provide coverage for an incident due to the insured’s conduct. However, the vast majority of the time an insurance company will still provide insurance coverage for a DUII crash. This is important because it allows the injured victims to receive compensation for pain and suffering in addition to their economic losses.

5) A DUII Crash Case is Worth More than a Regular Case: Insurance companies evaluate make their money by evaluating risk. They do their best to attempt to figure out what a Jury may award the victim of a DUII driver. This can be difficult because of the risk of punitive damages and the fact that the Jury may simply award the victim a substantial amount of money because the driver was impaired at the time of the crash. As a result, insurance companies will usually pay more to a victim of a DUII driver.

If you or someone you know has been injured in a crash with an Oregon DUII driver or impaired driver you should call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Oregon Personal Injury and Wrongful Death attorney Jeremiah Ross is happy to discuss your options. Please remember that case results vary and the law is constantly changing. Please contact a personal injury lawyer rather than relying on this post. Also this post could be considered ATTORNEY ADVERTISING.

3 Things Auto Insurers Don't Want You to Know About Your Whiplash Injury!

Most people in car crashes suffer some type of soft tissue injury.  Soft tissue injuries are injuries to the muscles, ligaments, and tendons in the body.  Whiplash is a type of soft tissue or bony injury to the neck or brainstem caused by the sudden back and forth movement of the neck. These injure typically occur in rear end or side impact car crashes.  That movement rips, tears, and stretches the soft tissue in the neck, and can cause more severe injuries.  Some soft tissue injuries are minor and don't warrant medical treatment, while others can take months or years to heal.  Some soft tissue and whiplash injuries are permanent and may require surgical interventions.  Although these injuries are serious injuries, insurers regularly discount them.   Here are some things you should know about whiplash injuries that insurance companies don't want you to know:

1) Whiplash Injuries Are The Most Common Injury Associated with Motor Vehicle Crashes:  Insurers often discount claims of whiplash as malingering (making an injury up with the purpose of obtaining an award) or somatoform disorder (psychological issues causing physical symptoms).  They attempt to convince the injured person that they couldn't have suffered an injury that lasted for as long as it did.  Insurers for the bad driver often make the injured person feel as if they are the only person to have whiplash symptoms last as long as they did or were as severe as they were.  This is an effort to attempt to convince the injured person that the crash could not have injured them. However, the insurer is wrong.  Whiplash injuries are not unique.  In fact, up to 83% of people involved in a car crash suffer from whiplash injuries.   Medical studies have shown these are real injuries that can dramatically impact a person's life and health.

2) Whiplash Injuries Do Not Typically Show Up on an X-Ray:  Insurance adjusters will often note that the Emergency Room X-Rays of the neck are unremarkable and do not show any evidence of injury.  Adjusters may attempt to convince the injured person that the crash didn't cause a whiplash injury because there is not any "objective" evidence of it (think X-Ray, or broken bone, misalignment of bones, etc.).  However, studies show  X-Rays do not typically show soft tissue injuries to the neck and whiplash type injuries.  However, MRI studies may show the soft tissue and whiplash type injuries.  However, MRI's may come with their own problems of high false positive results, and cannot see all pain associated lesions.  CT scans may be able to show some, but not all whiplash injuries.  However, they are costly and are not always readily available.  Other tests may not show injury.  This information is important because adjusters know that the injuries are real, but technology may not show these injuries.   A medical provider (Doctor, Osteopath, or Chiropractor) can diagnose whiplash injuries based on other objective findings without the need for imaging.   Insurers know this, but may try and convince you otherwise. 

3) Whiplash Injuries Can Be Permanent:  Insurance adjusters commonly say that the crash caused whiplash injury should have healed within 12 to 16 weeks.  They explain the lingering pain on "pre-existing" or age-related conditions. However, this ignores the science and studies that have shown that there is no scientific basis to assert whiplash injuries do not lead to chronic pain or permanent injuries.  These are real injuries that can be permanent. 

Hopefully, this information will assist you in combating an insurance agent to assist you in obtaining maximum compensation for your injuries.  However, if you are unsuccessful efforts or have questions for a personal injury lawyer, call Jeremiah Ross at 503.224.1658 for your free personal injury consultations. Ross Law PDX represents personal injury clients throughout Portland and Oregon.  PLEASE ASK A DOCTOR ABOUT YOUR WHIPLASH INJURY.  This post is meant for information purposes only and SHOULD NOT be RELIED UPON as or construed as medical advice, or legal advice.   Please remember that every injury is different and all legal cases are different.   

What People Injured in a Crash Should Know About Oregon's Minimum Auto Insurance Limits

I often represent people that have been injured by a bad driver that told them at the scene, "don't worry I have full coverage."  This term really doesn't mean much in the world of personal injury law.   Oregon has specific requirements regarding what should be in automobile insurance policies such as personal injury protection benefits (PIP), uninsured/underinsured (UM/UIM) motorist coverage. The law also imposes the minimum limits for each bodily injury insurance policy in Oregon.  The relevant law on minimum insurance limits provides:

     ORS 806.070 Minimum payment schedule. (1) This section establishes a schedule of payments for the following purposes:

      (a) An insurance policy described under ORS 806.080 must provide for payment of at least amounts necessary to cover the minimum required payments under this section to qualify for use for financial responsibility under ORS 806.060.

      (b) A person who is self-insured under ORS 806.130 must agree to pay according to the payment schedule established by this section.

      (c) The payment schedule is the minimum required payment of a judgment for purposes of ORS 809.020, 809.130 and 809.415.

      (2) The schedule of payments is as follows:

      (a) $25,000 because of bodily injury to or death of one person in any one accident;

      (b) Subject to that limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident; and

      (c) $20,000 because of injury to or destruction of the property of others in any one accident. 

What this means for most injured people is that if they have a crash caused injury, the maximum they may be able to collect from the bad driver is a mere $25,000.00.  This sounds like a lot of money.  However, $25,000.00 can go quickly if you incur crash caused medical bills and are missing work. 

If you and two or three other people were injured in the same crash, the bad driver will only pay a combined total $50,000.00 to the injured people.  That will be divided up between them.   A lawyer should be involved if that is the case.  These are also important numbers when you are dealing with the bad driver's insurance company. 

If you or someone you know has been injured in an Oregon car crash, call Portland personal injury lawyer Jeremiah Ross at 503.224.1658.  Ross Law PDX provides free personal injury consultations. Please remember Oregon's personal injury laws and insurance laws are constantly changing.  DO NOT Solely rely on this post for information, look at the current law. Please consult with a lawyer.  This post is not intended to be legal advice and can be considered attorney advertising. 

5 Myths About Concussions & Car Crashes

Last week I attended the Brain Injury Alliance of Oregon's annual Conference.  It was fascinating to hear about the current state of the medical science from medical experts.  Most of the speakers addressed some of the misconceptions about brain injuries.  Many of these misconceptions affect people injured in car crashes and other accidents.  Brain injuries can be called various names depending on who you talk to.  Concussions, Traumatic Brain Injuries, TBI, Mild Traumatic Brain Injuries, Mild TBI, MTbi, post-concussive syndrome are all various names for brain injuries.  These brain injuries are very common in car crashes.  Concussions and Mild TBI can occur in low speed rear-end collisions.

Myth 1:  You must Lose Consciousness to have a Mild Traumatic Brain Injury (MTBI).  According to the CDC and the recent medical literature, this is flat out wrong.   A person need not lose consciousness, get "knocked out," or "black out" to have suffered a concussion.   The CDC notes, "[M]ost concussions do not result in a loss of consciousness. Not being able to remember events (amnesia) prior to, or following the injury, for a period of time is another sign of a concussion. Yet, some people simply feel dazed or confused."  

Myth 2:  X-Rays, MRIs, and CT Scans Always Show a Mild Traumatic Brain Injury. According to medical literature, this is also FALSE.  That is why many medical providers at the emergency room will not order medical imaging for people who exhibit post-concussive syndrome or Mild TBI symptoms after a motor vehicle crash.   There are various medical tests that can be administered to diagnose a concussion and MTBI, but imaging is not reliable enough to diagnose many mild TBIs.   Click here for more information.

“Symptoms of a Concussion after a Car Crash
1) Thinking/Remembering: Difficulty Thinking Clearly and remembering after the crash.
2)Physical Problems: a Headache, Nausea, Balance Problems, Blurry Vision, Feeling Tired, Sensitive to Noise and Light.
3) Emotional/Mood: Irritable, Sad, Nervousness
4) Sleep DIsturbance: Sleeping more or Less than usual.”

— Center for Disease Control

Myth 3:  Mild TBI Symptoms or Concussion Symptoms Appear Right After the Car Crash:  According to the Mayo Clinic, concussion symptoms may be delayed for hours or days after the injury.  This means that you can be in a car crash on Monday and your concussion symptoms may not appear until Friday.  

Myth 4: You Must Hit Your Head to Have a Concussion or Mild TBI:  According to the CDC's definition of a concussion/mild traumatic brain injury this is also FALSE.  The CDC affirms, "A concussion is a mild form of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head."  The "jolt to the head" portion of the definition affirms that a person does not need to strike their head, but only needs to have their head jolted.  This "jolt" is very common in car crashes.  Especially in rear-end collisions.

Myth 5:  Insurance Companies Are Aware of the Above Myths and Will Compensate You for Your Crash Caused Concussion:  This is flat out false. I have witnessed Insurance companies use the concussion myths at trial and during settlement negotiations. Specifically, Insurance companies use outdated science and medicine to try and convince people that they could not have had a crash caused concussion or MTBI if they did not lose consciousness.  Insurance companies will also claim that a person could not have a concussion if they did not hit their head in the crash.   

Insurance Companies will assert that because there is no Medical Imaging showing a Concussion or Mild TBI then it did not occur.  Insurance companies often use hired guns that are neuropsychologist to claim the person has a psychological issue that is causing the symptoms, and the symptoms are not related to the crash.  In short, they will claim a car crash victim with a Mild TBI is either malingering or suffering from a psychiatric condition causing the symptoms.   This is why it is imperative for you to consult with a personal injury lawyer if you have a concussion or mild TBI and are involved in a motor vehicle crash. 

Please call Jeremiah Ross at Ross Law PDX at 503.224.1658 for your free case evaluation.  Jeremiah Ross has experience with Traumatic Brain Injury Cases and Mild TBI/Concussion cases and will do his best to fight to get you full compensation for your crash caused injuries. Please remember to CONSULT WITH A MEDICAL PROFESSIONAL if you think you have a head injury or any other medical condition.  This post is for informational purposes only.  The definitions and medical science are constantly evolving so please keep that in mind.