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Concussion or brain injury after a crash

Beverly Law
Published by Beverly Law
Trial attorney · English y Español · (310) 552-6959
You may, even if you never hit your head or lost consciousness. The sudden stop in a crash can shake the brain inside the skull. Headaches, fogginess, dizziness, trouble sleeping or mood changes in the days after a collision are reasons to see a doctor. If another driver caused the crash, you can generally claim your care, lost income and how the injury changes your life. California’s deadline to sue is generally two years from the injury.

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Warning signs to watch for

A concussion is a brain injury, even when it is called mild. Many people walk away from a crash feeling shaken and only notice symptoms later, when they go back to work or try to read. Family members often see the changes first: more irritability, forgetting conversations, or sensitivity to light and noise.

Go to an emergency room right away for a headache that keeps getting worse, repeated vomiting, slurred speech, weakness on one side, confusion or a seizure. For milder symptoms, see your doctor within a day or two and describe the crash in detail. You can read more about symptoms that show up days later.

  • Headaches or pressure in the head
  • Feeling foggy or slowed down
  • Dizziness or balance problems
  • Memory or concentration trouble
  • Sleep changes, irritability or anxiety

Documenting a brain injury

Brain injuries often do not show on a CT scan or standard MRI, so insurers sometimes treat them as minor. Strong documentation helps close that gap. That can include your doctor’s notes, referrals to a neurologist, and testing of memory and thinking skills. Keep a simple daily log of headaches, missed work, and tasks that have become hard.

Ask a spouse, coworker or friend who knows you well to write down what changed. Notes like these, written close to the time, often say more than anything the injured person can explain later. If you went to the hospital days after the crash, tell the providers exactly when symptoms began.

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Paying for care and lost income

Treatment can stretch over months: follow-up visits, therapy for balance or vision, and time away from work. If you have MedPay on your own policy, it can pay reasonable medical expenses from the crash up to its limit regardless of fault (California Department of Insurance glossary). In Washington, PIP pays medical expenses and some lost income regardless of fault unless it was rejected in writing (RCW 48.22.085).

The at-fault driver’s insurer pays at the end, usually only up to its policy limits. When an injury is serious and the other driver carries little coverage, your own underinsured motorist coverage may matter a great deal, so check your policy. See making an underinsured motorist claim and keep pay stubs for lost wages.

What shapes a brain injury claim

The value of a claim depends on the medical evidence, how long symptoms last, whether you can go back to the same work, future care your doctors expect, and the insurance available. Fault matters too: in California a share of fault reduces damages by that percentage but does not bar recovery (Li v. Yellow Cab Co.).

Brain injury symptoms sometimes take months to settle. Settling too early can mean signing away a claim before anyone knows how you will recover. That is one reason to talk to a lawyer before accepting an offer, and to keep treating as your doctor recommends while the claim is open.

What to do now

See a doctor now and tell them about every symptom, even ones that seem small. Take photos of the vehicles and any visible injury, and write down witness names and phone numbers. Save your claim numbers. Do not sign a release or give a recorded statement to the other driver’s insurer before you talk to a lawyer. Keep receipts for every cost the injury causes.

Deadlines: a California injury lawsuit generally must be filed within two years of the injury, and in Washington the general limit is three years (RCW 4.16.080). If a city or county vehicle was involved, a written claim is generally due within six months. Call (310) 552-6959 or use the form, and we can review your records with you.

Common questions

Can you get a concussion without hitting your head?

Yes. A sudden stop or jolt can move the brain inside the skull even when the head does not strike anything. That is why people in rear-end crashes sometimes have concussion symptoms. Tell your doctor about the crash forces, such as how fast it felt and how your head moved, along with whether you hit something.

How long after a car accident can concussion symptoms start?

Some symptoms appear right away and others show up hours or days later, often when you return to work, school or screens. Watch for headaches, fogginess, dizziness and sleep changes. If anything gets worse quickly, go to an emergency room. Otherwise see your doctor soon and describe when each symptom began.

What if my brain scan was normal?

A normal CT scan or MRI does not rule out a concussion. Many brain injuries are diagnosed from symptoms and testing of memory and thinking instead of imaging. Keep seeing your doctor, ask about a neurology referral if symptoms continue, and keep a daily log of how the injury affects you.

Should I accept a quick settlement for a concussion?

Be careful. Brain injury symptoms can take months to settle, and a release usually ends the claim for good. Before you accept, make sure your doctors have a clear picture of your recovery. Read whether to accept the first settlement offer and talk to a lawyer first.

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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.

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Related pages

How long after a car accident injuries can show up · Going to the doctor or hospital days after a car accident · Making a whiplash claim after a car accident · Back or spine injury after a car accident · Herniated disc after a car accident · All car and truck accident questions

Sources

  1. Cal. Code Civ. Proc. § 335.1
  2. California Department of Insurance, Auto Insurance Terms glossary; policy terms
  3. RCW 48.22.085(1)-(2), 48.22.095(1)
  4. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
  5. RCW 4.16.080(2)
  6. Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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