Brain injury or concussion after an accident: what it means for your claim
A concussion is a brain injury, even with a normal CT scan. CDC says a scan is not needed to spot one. Symptoms can appear hours or days later. Get seen by a health care provider as soon as you can. Insurers attack gaps in care, so the first records matter most.
Last checked November 9, 2026 · Official sources (42)
What are the symptoms of a brain injury, and when should I get care?
This page is about claims and is not medical advice. Call 911 for any danger sign. CDC lists a headache that gets worse and does not go away, repeated vomiting and losing consciousness, looking very drowsy or being unable to wake up. NINDS says to seek immediate attention for its listed symptoms, especially within the first 24 hours after a head injury.
Milder symptoms can affect how you feel, think, act or sleep. CDC lists headaches, dizziness, trouble concentrating, memory problems, irritability, sadness and sleep changes. Some appear right away. Others may not appear for hours or days. Damage can also develop gradually over hours, days or weeks. A person with a concussion may not recognize or admit problems, so a spouse or friend often notices first.
Mild does not mean minor. Doctors use the word because these injuries are usually not life-threatening. CDC says the effects can still be serious. Most people feel better within a couple of weeks, but repeated injuries may mean a longer recovery. Moderate and severe injuries may lead to long-term or life-long health problems.
What does a doctor document for a brain injury claim?
A claim is built on medical records. Insurers read them line by line, looking for what is missing. It helps to know what each record proves.
| Record | What it can show | Common weak spot |
|---|---|---|
| Paramedic and ER notes | Loss of consciousness, confusion, memory gap, how the head was hit | "No loss of consciousness" written after a quick look |
| CT scan | CT can show a fracture, bleeding or swelling, but a concussion may not appear | "Normal" read as "no injury" |
| MRI | NINDS says MRI can pick up subtle changes a CT may miss | Never ordered |
| Thinking tests | CDC describes neuropsychological or neurocognitive tests of learning, memory and concentration | Done too early, or not at all |
| Neurologist follow-up | Diagnosis, cause and whether problems are lasting | Long gap after the ER |
| Daily log and family notes | Headaches, forgotten tasks, mood changes, what you can no longer do | Written long after the fact |
Tell every provider about the accident and about all symptoms, including mood and memory. A short ER visit that records only a neck complaint can haunt a brain injury claim for years. Ask for a copy of each record.
What can a brain injury claim cover?
A claim can pay for more than the ER bill. It can include future care, lost earnings, lost ability to earn, help at home, and pain, mental suffering and loss of enjoyment of life. Family members may have their own claim for loss of companionship, depending on the state.
| Item | What it means | Who usually proves it |
|---|---|---|
| Future medical care | Therapy, medication, neurologist visits, seizure care | Treating doctor |
| Life care plan | A written, priced list of care needed for life in serious cases | Life care planner with your doctors |
| Lost earning capacity | The gap between what you could have earned and what you can earn now | Vocational expert and economist |
| Help at home | Supervision, reminders, driving, household tasks | Care records and family testimony |
Lost earning capacity is often the largest and least understood piece. A roofer who feels dizzy, a nurse who cannot track medication doses, or a manager who loses focus may look fine and still lose a career.
CDC reports that among people 16 and older who received inpatient rehab, five years later 22 percent had died, 30 percent were worse, 22 percent stayed the same and 26 percent improved. That is why a lawyer usually waits for doctors to say what is permanent.
Social Security disability is separate. It requires a condition that has lasted or is expected to last at least one year or to result in death. There is a five-month waiting period. An injury claim and a disability claim can run at the same time, and what you say in one can be used in the other.
Who pays for a brain injury?
Usually the at-fault person's insurer, such as a driver's auto policy or a business's liability policy. Serious brain injuries often cost far more than a basic policy holds, so check other sources early: your own uninsured or underinsured motorist coverage, an employer if the driver was working, a product maker, or a property owner.
Your health plan or Medicare may have to be repaid from any recovery. Medicare's payments must be repaid when a person receives a settlement.
How do insurers dispute a brain injury claim?
| What the insurer says | What tends to answer it |
|---|---|
| "The CT was normal." | CDC says a scan is not needed to spot a concussion. MRI and thinking tests can add detail. |
| "You never lost consciousness." | Passing out is not required. CDC says a bump, blow or jolt to the head can cause a concussion. |
| "Your symptoms came later, so the crash did not cause them." | CDC says symptoms may not appear for hours or days. |
| "You stopped treating." | Explain any gap in writing: no insurance, no time off, no transport. |
| "You had headaches or depression before." | Older records showing how you were doing before the accident. |
| "You look fine on social media." | Stop posting. A photo does not show a bad afternoon, but it will be used. |
Expect a defense medical exam if a lawsuit is filed. It is done by a doctor chosen by the other side. Go, be honest and do not overstate or understate anything.
How long does a brain injury claim take?
It depends on healing, not on the insurer's schedule. Settling before doctors can say what is permanent is the classic mistake, because you can usually settle only once. No agency publishes an average settlement or timeline for these claims.
A concussion that clears up in a few months may resolve within a year. A serious injury that needs a life care plan and experts commonly takes longer, often years if a suit is filed. Your filing deadline runs the whole time, so waiting on healing should not mean missing it.
What should I do now to protect a brain injury claim?
- Follow up with a provider and tell them about every symptom, even small ones.
- Ask whether a referral to a neurologist or a thinking test makes sense.
- Keep a short daily log, or ask someone close to you to keep one.
- Save bills, work notes and records of missed days.
- Have a family member help with forms and calls if your memory is affected.
- Do not give a recorded statement or sign a release while you are still having symptoms.
- Check your deadline, including any government notice, right away.
What is different in Arizona and Texas?
| Issue | Arizona | Texas |
|---|---|---|
| Deadline to sue | Two years. | Two years. |
| If the injury left someone of unsound mind | The time does not count while the person is of unsound mind. | Time is not counted for a legal disability that exists when the claim arises. One that starts later does not stop the clock. |
| Government claim | Notice within 180 days, stating a specific amount. An incompetent person may file within 180 days after the disability ends. Suit within one year. | Notice within six months. A city's charter can set a different period. Caps are $250,000 per person for cities and $100,000 for many local units. |
| Medical bills | Providers may have a lien on your recovery. | Recovery is limited to amounts actually paid or owed. A hospital lien requires admission within 72 hours. |
| Proving bills | Usually through records and witnesses | A sworn billing affidavit can show charges were reasonable and care was necessary. It does not prove the accident caused the injury. |
| Lost earning capacity | Proved through experts | Must be shown as a net loss after income tax. |
| Shared fault | Your award is reduced by your share. | No recovery if you are more than 50 percent responsible. |
| Damage caps | State constitution bars statutory limits. | Government claims are capped as shown above. |
Do not rely on the unsound mind rules without advice. Whether a concussion qualifies is a hard question, courts look closely at the facts, and we cannot tell you how a judge would rule.
Mistakes that hurt brain injury claims
- Skipping care because the scan was normal.
- Leaving memory and mood problems out of doctor visits.
- Settling before doctors know what is permanent.
- Going back to full work against medical advice and then trying to prove limits.
- Letting an insurer collect years of medical records through a broad authorization.
- Missing a government notice deadline while still recovering.
Questions
Can you have a concussion with a normal CT scan?
Yes. CDC says a CT scan is not needed to spot a mild TBI or concussion. An MRI can pick up changes a CT may miss.
How much is a concussion settlement worth?
No official source publishes an average. The value depends on how long symptoms last, proof of lost work, future care and available insurance.
Can concussion symptoms show up days later?
Yes. CDC says some may not appear for hours or days after the injury.
Do I need a lawyer for a head injury claim?
It helps when symptoms last, you miss work, or the insurer disputes the injury. Many will review it for free.
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See if I’m owed moneySources (42)
- CDC, checked 2026-11-09. “A scan of your brain (such as a CT scan) is not needed to spot a mild TBI or concussion”
- CDC, checked 2026-11-09. “others may not appear for hours or days after the injury”
- CDC, checked 2026-11-09. “People with a mild TBI or concussion need to be seen by a healthcare provider.”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “A disability that arises after a limitations period starts does not suspend the running of the period.”
- A.R.S. § 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- A.R.S. § 12-821.01, checked 2026-11-09. “The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount.”
- CDC, checked 2026-11-09. “Have a headache that gets worse and does not go away”
- CDC, checked 2026-11-09. “Vomit repeatedly”
- CDC, checked 2026-11-09. “Lose consciousness, look very drowsy or cannot be woken up”
- NINDS, checked 2026-11-09. “especially within the first 24 hours after an injury to the head”
- NINDS, checked 2026-11-09. “Others can be secondary, meaning they can happen gradually over the course of hours, days, or weeks after injury.”
- CDC, checked 2026-11-09. “A person may not recognize or admit that they are having problems”
- CDC, checked 2026-11-09. “Even so, the effects of a mild TBI or concussion can be serious.”
- CDC, checked 2026-11-09. “most people with a mild TBI or concussion feel better within a couple of weeks”
- CDC, checked 2026-11-09. “A person with a history of multiple or repeated mild TBIs or concussions may experience a longer recovery or more severe symptoms.”
- CDC, checked 2026-11-09. “may lead to long-term or life-long health problems”
- NINDS, checked 2026-11-09. “MRI is more sensitive and can pick up more subtle brain changes that a CT scan may miss.”
- CDC, checked 2026-11-09. “These tests are called "neuropsychological" or "neurocognitive" tests”
- CDC, checked 2026-11-09. “22% died, 30% became worse, 22% stayed the same, and 26% improved.”
- Social Security Administration, checked 2026-11-09. “has lasted or is expected to last for at least one year (12 consecutive months) or to result in death”
- Social Security Administration, checked 2026-11-09. “there is a five-month waiting period”
- CMS, checked 2026-11-09. “because it must be repaid to Medicare when a beneficiary receives a settlement, judgment, award, or other payment”
- CDC, checked 2026-11-09. “A bump, blow, or jolt to the head, or”
- A.R.S. § 12-542, checked 2026-11-09. “within two years after the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
- A.R.S. § 12-502, checked 2026-11-09. “either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
- A.R.S. § 12-821.01, checked 2026-11-09. “a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases”
- A.R.S. § 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues and not afterward”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-09. “A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person”
- A.R.S. § 33-931, checked 2026-11-09. “is entitled to a lien for the care and treatment or transportation of an injured person”
- Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
- Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “The affidavit is not evidence of and does not support a finding of the causation element”
- Tex. Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability”
- A.R.S. § 12-2505, checked 2026-11-09. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Ariz. Const. art. 18, § 6, checked 2026-11-09. “the amount recovered shall not be subject to any statutory limitation”