Did a Bad Driver Cause You to Hit Your Head on a Headrest?

During a car accident, your entire body shakes, causing your brain to bounce around your skull and sustain bleeding, nerve bruising, and tearing. If you hit your head against something in the process, the injury can worsen.

A seemingly soft and comfortable headrest can contribute to a concussion or a TBI (Traumatic Brain Injury). If you have hit your head on a headrest during a car accident and sustained injuries, you may be entitled to compensation.

Consider speaking to an auto justice attorney to determine whether your case is viable. Many car accident lawyers offer free case evaluations.

Common Headrest Injuries

Only 17 percent of drivers put headrests in optimal positions. Others do not adjust them properly, thus increasing the chance of an injury.

A mild concussion is hardly the only consequence of hitting your head against a headrest during a car accident.

Consider speaking to a doctor as soon as possible to check if you may have:

• TBI – a traumatic brain injury involves serious damage to your brain. It could result in long-term treatment and permanent disability.
• Spine injury – hitting your head or neck on the headrest could result in a severe spinal injury, which may lead to widespread damage and paralysis.
• Whiplash – if the headrest is in the wrong position, it contributes to the whiplash injury instead of protecting you from it.

The most common type of TBI is a closed head injury. It usually occurs in auto accidents when the head hits the headrest or steering wheel.

When your moving head strikes a stationary object, the skull comes to a quick stop while the brain is still in motion. When the brain hits the skull, you sustain bruises and bleeding that do not become obvious immediately.

After hitting your head or neck in a headrest, it is imperative to seek medical assistance. Make sure to document all injury-related expenses carefully. They will turn into much-needed evidence when you file your claim. From medical bills and at-home care to long-term therapy and loss of earning capacity, you may need help covering the costs.

What if I do not have any symptoms?

Just because you do not have any obvious symptoms after hitting your head on a headrest, it does not mean you should let the accident slide. Many initial traumatic brain injury symptoms are too subtle to be noticed. Leaving them untreated could lead to serious consequences.

If you hit your head in an accident, it is imperative to seek medical help immediately. A qualified medical professional will run tests to determine whether you have a medical condition.

Even if days or weeks have passed after the accident, speak to a doctor anyway. You may need to undergo treatment to prevent complications.

If the medical professional does not see any signs of a brain injury, you should still pay close attention to your condition for a few more weeks. Beware of memory problems, unwarranted mood changes, headaches, insomnia, and depression.

Which expenses will I face after a headrest injury?

The consequences of hitting your head on a headrest in a car accident can be severe. You may need to prepare for sizable expenses. For example, the in-hospital costs of treating a TBI can range between $2,000 and $40,000.

Additionally, you have to consider the money you may lose for taking time off work. In some cases, you may not be able to return to work at all. You might end up considering alternative professions or seeking part-time employment.

People need long-term or even life-long at-home care and therapy in severe cases. While insurance can cover some of these expenses, the costs add up.

Do not wait to file a claim if you have sustained a head or spine injury in a car accident. You are likely to need as much help covering the bills as possible.

Who is responsible for headrest injuries in a car accident?

To collect compensation for an injury sustained in a car accident, you must prove another party’s negligence.

To do that, you need to identify the responsible party.

• Another driver – the most common at-fault party is another driver. For example, they run a red light, crash into your car, and you sustain injuries. To recover damages, you need to file a claim with their insurance company.
• Vehicle manufacturer – if the vehicle manufacturer installed a faulty part that caused the driver to lose control of the car, they could be liable for the crash. Just recently, car owners sued Dodge, Jeep, Chrysler, and Mercedes-Benz for installing a faulty headrest that contributed to injuries during accidents.
• Government – in rare cases, it is possible to file a car accident claim against the government if it fails to take proper care of the road. For example, you had to swerve to avoid a pothole and crash into a pole or another vehicle.
• Pedestrian – pedestrians can be partially at fault for car accident damages. For example, a jaywalking pedestrian caused rapid braking that resulted in a crash.

Responsible parties may share the liability. To make sure you get the money you deserve, you need to find all of them. To do that, you are likely to need legal assistance.

A car accident lawyer will conduct an investigation, uncover all responsible parties, and file a claim accordingly. While you can do this without help, the process can be time-consuming and tough, especially for someone dealing with head injuries.

How do I prove negligence in a car accident?

No matter how minor the accident may seem, you can try to seek compensation if you sustain headrest-related injuries. When it comes to personal injuries cases, it is your responsibility to prove the other party’s fault. Otherwise, you cannot collect damages.

To demonstrate negligence, you have to prove that:

• The at-fault party had a legal duty of care to you – Drivers and pedestrians have a legal duty to behave reasonably on the road. It can get trickier with government cases, but they also have a legal duty to keep the roads in reasonable condition.
• The at–fault party breached the legal duty of care – you need evidence that the defendant breached the legal duty of care to you. For example, the driver was speeding, thus acting dangerously on the road.
• The breach caused your injuries – you need to demonstrate that the defendant’s breach of duty led to your injuries. For example, the at-fault driver was speeding and could not stop in time to avoid crashing into your car. You hit your head on the headrest and sustained a TBI.
• Injuries led to damages – to recover damages, you have to prove that they occurred due to your injuries. For example, you sustained a TBI and had to get medical treatment and therapy. Doctors’ bills and expert witness testimonies can back this up.

You can prove the other party’s negligence by collecting evidence, speaking to witnesses, hiring expert witnesses, keeping journals, and more. You may want to consider consulting a car accident attorney to make sure that you have all the necessary tools to improve your chances of damage recovery.

No matter how simple your case may seem (e.g. rear-end collision), you still need to collect significant proof to get the money you deserve.

How much time do I have to file a claim?

Many people who suffer injuries after hitting their head on the headrest focus on treatment and therapy. Only a few have time to think about legal action. Meanwhile, you only have a limited window to file a claim.

According to Florida Statutes Section 95.11, the statute of limitations for personal injury cases is four years. The clock generally starts running on the date of the car accident.

Head and spine injuries are not always apparent. For example, TBI symptoms may not become obvious for weeks or months after the accident. That is why the law allows plaintiffs to file a lawsuit four years after they discover the injury.

Other exceptions to the statute of limitations in Florida include:

• Absence of the defendant – if the at-fault party is not in the state, you get an extension for filing the claim.
• Fraud – if the defendant uses a fake name or tries to hide, the statute of limitations can be tolled.
• Age – minors have four years after turning 18 to file a claim. However, they can only do it if seven years since the accident have not passed.

Florida has a strict rule about starting personal injury cases. No matter how many reasons you have to toll the statute, you still have to file a claim within seven years after the accident.

Do not put them off even if you are not feeling up to dealing with legal issues. Consider hiring an attorney who can handle the entire case without burdening you with legal decisions.

How much money can I recover for a head injury in a car accident?

A head injury can warrant significant expenses.

If you and your car accident attorney manage to prove another party’s negligence, you can try to recover:

• Economic damages – medical bills, surgical expenses, loss of wages, loss of earning capacity, therapy expenses, and any other financial losses you sustain due to the accident. The at-fault party should cover current and future economic damages. For example, if you need long-running rehabilitation for a TBI, the expenses should be part of the payout.
• Non–economic damages – besides bills and compensation for lost wages, the at-fault party should cover non-economic damages that have to do with a reduction in your quality of life. For example, pain and suffering, mental anguish, loss of consortium, and reputational damage.

To prove that you are entitled to these damages, you need:

• Evidence – medical bills, doctors’ reports, photographs of your injuries, personal journals (to show a decline in quality of life), documents, and testimony from your family, employers, and co-workers.
• Expert testimony – to prove non-economic and future economic damages, you may need expert witnesses’ testimony. For example, your therapist could testify that you need long-term treatment for PTSD.

You need as much evidence as possible to strengthen your case. Secure the assistance of a legal professional to do this right. Missing evidence could cost you thousands of dollars in compensation.

Do I need a lawyer after hitting my head on a headrest in a car accident?

A car accident attorney is a valuable assistant who can take care of all aspects of your personal injury case, including:

• Timely legal advice – when filing a personal injury claim, you need answers to various questions. An attorney can provide proper legal advice that helps you make the right decisions.
• Investigation – to prove your case, the attorney will investigate the accident, uncover responsible parties, and collect evidence.
• Filing documents – personal injury cases involve a substantial amount of paperwork. An attorney can collect documents and file them timely.
• Negotiations – you will likely need to negotiate with the at-fault party’s insurance company to get a fair settlement. An attorney can do this smoothly, sparing you the stress.
• Court proceedings – some personal injury cases end up in court. Presenting your case to the judge or jury can be tricky. A lawyer takes care of representation and argues your case with your best interests in mind.

If you have sustained a head injury in a car accident, you are not obligated to hire an attorney. It is possible to obtain compensation without legal assistance. However, you are likely to get less money than you deserve.

The Takeaway

Head injuries in car accidents are common. While you may not experience symptoms immediately, you could still suffer serious consequences. Recovering from head trauma can be tough, painful, time-consuming, and expensive. The negligent party should compensate you for it.

If you hit your head on a headrest during a car accident, consider contacting a car accident attorney. An experienced legal professional can help you take the right steps toward receiving fair compensation.