Concussion or Brain Injury After a Car Accident: Proving Your Claim

You were in a car wreck. Maybe you hit your head, or maybe your head just snapped forward and back, and now something isn’t right: headaches, a fog that won’t lift, trouble remembering, a shorter temper. Can a car accident cause a concussion or other brain injury? Yes. The Centers for Disease Control and Prevention (CDC) says a concussion, a mild traumatic brain injury (TBI), can be caused by a bump, blow or jolt to the head, or by a hit to the body that makes the head and brain move quickly back and forth. If you’re worried that no one will believe an injury they can’t see, that’s a fair worry, and it has an answer. A concussion won’t show up on imaging tests (MedlinePlus, the National Library of Medicine’s health site), so a claim is proved with medical records, testing and people who knew you before.

This guide isn’t medical advice; only a doctor can say what’s wrong. Michigan’s rules are in boxes marked “In Michigan.”

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When is a head injury after a car accident an emergency?

In rare cases, a dangerous blood clot that crowds the brain against the skull can develop (CDC). Call 911 or go to an emergency department right away for any of these danger signs after a head injury (CDC):

• a headache that gets worse and doesn’t go away
• weakness, numbness, decreased coordination, convulsions or seizures
• repeated vomiting
• slurred speech or unusual behavior
• one pupil larger than the other
• not recognizing people or places, or being confused, restless or agitated
• passing out, looking very drowsy or not being able to wake up

For a child who had a bump, blow or jolt to the head or body, the CDC adds crying that won’t stop and can’t be consoled, and not nursing or eating.

After a car crash, the CDC says, older adults should be checked for signs of TBI, especially those who take blood thinners, which may increase the risk of bleeding in the brain. For numbness, chest pain and other symptoms, see delayed injury symptoms after a car accident.

Can a car wreck cause a concussion?

Yes. A concussion is a brain injury that happens when a hit to the head or body makes the head and brain move rapidly back and forth, and car accidents are one cause (MedlinePlus). Its symptoms may not start right away; they can begin days or weeks after the injury (MedlinePlus).

Most people with a mild brain injury never pass out, and a person can have one and not realize it (MedlinePlus). The CDC lists concussion symptoms including headaches, dizziness, nausea, vision problems, being bothered by light or noise, feeling tired or foggy, trouble concentrating or remembering, irritability, anxiety, and sleeping more or less than usual. The National Institute of Neurological Disorders and Stroke (NINDS), part of the National Institutes of Health, says every traumatic brain injury should be evaluated immediately by a professional who has experience with these injuries.

Can you get a concussion without hitting your head?

Yes. An impact to the head is one cause, but so is a hit to the body that makes the head and brain move quickly back and forth (CDC), a jolting movement MedlinePlus says is often called “whiplash.” Most people don’t lose consciousness when they have a concussion, either (MedlinePlus). Head injuries that cause a TBI often occur with an injury to the neck and spine (MedlinePlus), so mention neck pain, too.

What is a traumatic brain injury (TBI) after a car accident?

A TBI is a brain injury caused by an outside force, such as a forceful bump, blow or jolt to the head or body (NINDS), and it can be mild (a concussion), moderate or severe (CDC). For a life-changing brain injury, see what a catastrophic injury claim covers. NINDS lists motor vehicle crashes among the causes of a closed head injury: one where nothing pierces the skull, but an outside force is strong enough to move the brain within it. Widespread damage to the brain’s white matter, called diffuse axonal injury, commonly happens in auto accidents (NINDS).

Some damage is immediate, and some can happen gradually over hours, days or weeks (NINDS). Depending on how severe the injury is, health problems may last a few days or the rest of a person’s life (CDC).

Why is a brain injury hard to prove?

Because a scan often can’t show it, and the person who has it may not see it either.

• A normal scan isn’t the whole story. A concussion will not show up on imaging tests; a CT or MRI may be done if there are signs of a more serious injury, such as bleeding (MedlinePlus). NINDS adds that currently available, clinically validated imaging, blood tests and other measures can’t always detect damage from mild, concussive injuries. So a normal CT scan doesn’t rule out a concussion.
• “Mild” is a medical label. Providers may call these injuries mild because they are usually not life-threatening, but the CDC says their effects can be serious.
• The signs are easy to miss. A person with a concussion may not recognize or admit their problems, which may be overlooked by the person, their family or their health care provider (CDC).

The claims process runs on documents: an adjuster can weigh only what’s in the file, and a scan doesn’t measure your memory, your mood or how you’re doing at work.

How do you prove a brain injury after a car accident?

You generally have to prove that the other driver was negligent (careless) and that this caused your injury. Michigan’s model civil jury instructions (the standard instructions judges read to jurors, cited as M Civ JI), for example, put that burden on you (M Civ JI 36.06). The proof of a brain injury comes from three places.

Medical records that start early

Tell every provider about the crash, any hit or jolt to your head, and every symptom, including changes in mood, sleep and memory. To diagnose a concussion, a provider will most likely do a neurological exam, which checks your vision, balance, coordination and reflexes, and may evaluate your memory and thinking (MedlinePlus). Keep your follow-up visits, and report new symptoms even if they seem unrelated: NINDS says they may be related even several weeks after a mild TBI.

Tests of memory and thinking

“Neuropsychological” or “neurocognitive” tests of learning, memory, concentration and problem solving can help a provider identify a concussion’s effects, though you may still have one even if these tests don’t show it (CDC). Which tests you need is your doctor’s call.

People who knew you before

Because a person with a concussion may not recognize their own problems (CDC), the people around you often see the change first: a spouse who hears you repeat questions, a coworker who sees you miss deadlines, a friend who notices a shorter temper. At a Michigan trial, for example, evidence is the sworn testimony of witnesses, plus exhibits (M Civ JI 2.04). Work and school records can show the change on paper, and someone close to you can help keep a dated symptom journal if memory problems make that hard.

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Can you sue for a concussion after a car accident?

In most states, yes, if another driver caused the crash and you file before the deadline. In a no-fault state, you can sue for pain and suffering only if your injury passes the state’s threshold, unless you kept the full right to sue in a state that lets drivers choose; twelve states and Puerto Rico have no-fault laws (Insurance Information Institute, or Triple-I). Our complete car accident lawsuit guide explains the difference.

A brain injury claim can include each loss the evidence proves. Michigan’s jury instructions, for example, list medical expenses, loss of earning capacity, disability, and pain and suffering, including mental anguish and the denial of social pleasure and enjoyments, plus future losses that are reasonably certain (M Civ JI 50.01 to 50.06). See how pain and suffering damages are calculated and proven.

What if you had a concussion before the crash?

An earlier head injury doesn’t erase your claim, but expect the other side to raise it. The CDC says a person with a history of repeated concussions may have a longer recovery or more severe symptoms.

Under the eggshell skull rule, a defendant must “take the victim as they find them”: if the crash caused the injury, the person at fault is responsible for the resulting harm, even if most people wouldn’t have been hurt as badly (Cornell Law School’s Legal Information Institute; in Michigan, M Civ JI 50.10). Michigan’s jury instructions, for example, allow compensation for the harm the crash added, though not for the condition you already had, and if jurors can’t separate the two, “the entire amount of plaintiff’s damages must be assessed against the defendant” (M Civ JI 50.04, comment; 50.11). Tell your doctors about every earlier head injury. See how an old injury affects a herniated disc claim.

What is a traumatic brain injury settlement worth?

There’s no reliable average. Settlement terms typically aren’t made part of the public record (U.S. Bureau of Justice Statistics), and one label covers very different injuries: depending on severity, health problems may last a few days or the rest of a person’s life (CDC).

What drives the value of a brain injury claim:

1. How serious the injury is and how long its effects last. Michigan jurors, for example, take into account “the nature and extent of the injury” (M Civ JI 50.01).
2. Work: time missed, and whether the injury changes the work you can do (M Civ JI 50.06).
3. Care: rehabilitation, attendant care and future care that’s reasonably certain (M Civ JI 50.01, 50.05).
4. How your life changed: memory, mood, relationships and the things you no longer enjoy (M Civ JI 50.02, 50.03).
5. The proof, including how clearly it separates any earlier head injury (M Civ JI 50.11).
6. Fault and insurance. In Michigan, pain-and-suffering damages can’t be awarded to someone more than 50% at fault (MCL 500.3135(2)(b)). And what you can collect usually depends on the insurance available.

Can a brain injury from a car accident be fatal?

It can. The CDC calls TBI a major cause of death and disability, which is why the danger signs above need emergency care. When a death is caused by someone else’s wrongful act, neglect or fault, Michigan law allows a wrongful death claim, brought by the personal representative of the estate (MCL 600.2922). A death meets the no-fault threshold (MCL 500.3135(1)), and PIP pays survivors’ loss to dependents (MCL 500.3108). See our guide to wrongful death claims.

What to do next

1. Get checked, and go back when symptoms change. Get emergency care for any danger sign; otherwise, see a doctor promptly, and mention any earlier head injuries.
2. Build a before-and-after file: a dated symptom journal, the names of people who’ve noticed changes, work or school records, and every scan and test report.
3. Put your deadlines in writing. In Michigan, give your auto insurer written notice of your injury within one year of the crash, unless it has already paid PIP benefits (MCL 500.3145(1)), and file most lawsuits against the at-fault driver within three years (MCL 600.5805(2)). Other states set their own deadlines.
4. Hold off on signing. Get advice before you give the other driver’s insurer a recorded statement or sign a release, which gives up your right to sue (Cornell’s Legal Information Institute). While you recover from a TBI, MedlinePlus suggests getting help from family or friends with important decisions. See what to say when an insurance adjuster calls.
5. Get a free case review, and the fee in writing. Get a free case review, or in Michigan, compare injury lawyers near you.

What waiting can cost

• Your health. The head may look fine, but problems could result from bleeding or swelling inside the skull (MedlinePlus).
• Your “before” picture. Early records, and the memories of people who knew you before, are what a brain injury claim runs on.
• Your deadlines. They usually run from the crash, not the diagnosis: in Michigan, a claim accrues when the wrong is done, “regardless of the time when damage results” (MCL 600.5827).
• A release signed too soon. Recovering from a TBI may take days to weeks, or even months (MedlinePlus), and a signed release usually ends the claim for good.

What a good outcome looks like

Every new symptom got checked, and any danger sign got emergency care. Your records, test results and the people who know you tell one story: who you were before the crash, what changed, and what’s ahead. Your bills go to whoever owes them, and any settlement reflects your injury, not someone else’s average. From worrying that no one will believe an injury they can’t see to knowing what your records show, what the law covers and what your case needs.

For more, see our car, truck and motorcycle accident guides.

Updated September 25, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.