Can I bring a claim for a concussion from a car accident?

Yes, if the facts and applicable law support the claim. A concussion from a car accident may involve PIP benefits, a third-party claim or both. The answer depends on medical documentation, causation, insurance, fault, damages and whether the serious-impairment threshold applies.

What if I have memory loss after a car accident?

Memory loss after a car accident should be documented in medical records and symptom timelines. For legal purposes, the records and surrounding evidence need to connect the memory problems to the accident and show how they affect work, daily life or long-term function.

Does normal imaging defeat a brain injury car accident claim?

No, not by itself. Imaging can be important, but a legal review should look at the full record, including medical notes, symptom progression, family observations, work changes and any testing or specialist evaluations.

What affects a TBI settlement or head injury settlement?

A TBI settlement or head injury settlement depends on proof. Important issues include liability, medical documentation, the seriousness and duration of symptoms, wage loss, future-care evidence, insurance coverage and any Michigan legal threshold that applies. A case’s value depends on a review of the records.

When should I talk to a traumatic brain injury lawyer?

Consider legal review when symptoms continue, work is affected, the insurer disputes the claim, the correct PIP insurer is unclear or the injury caused lasting changes in daily life. Early review can help preserve records and clarify whether the claim is legally supported.

Michigan TBI Accident Claim Guide | Michigan Legal Center

Can a traumatic brain injury affect a Michigan accident claim?

Yes. A traumatic brain injury (TBI) can have a major impact on your life, and when it is caused by a car accident, it can also affect the legal and insurance claims you may be able to make. Properly documenting the injury, its cause and its effect on your daily life is important to any related claim, especially when that injury can have negative effects for years to come.

How does the type of accident affect a TBI claim?

A TBI can be the result of a car crash, truck crash, motorcycle crash, fall, assault or another injury event. The legal issue is not just whether the person hit their head, but whether the injury can be proved, whether someone else may be legally responsible and what insurance or damage rules apply.

For concussions or other head injuries from an auto accident, the claim may involve insurance benefits, a separate claim against an at-fault person or company or both. For a fall or assault, the analysis may focus more on negligence, premises liability, intentional conduct, insurance coverage and damages.

Why are TBI claims often disputed?

Brain injury cases are often disputed because the symptoms can be hard to see from the outside. A person may look fine in a photograph but still struggle with headaches, dizziness, memory loss, light sensitivity, mood changes, sleep problems or trouble working.

Insurance companies may question an injury’s severity by pointing to treatment gaps, prior medical history, normal imaging, inconsistent symptom notes or continued work after the accident.

They may also argue that a concussion or other TBI is temporary, unrelated or not serious enough to support the damages being claimed.

That is why a brain injury attorney usually starts by reviewing records, not making settlement promises. A lawyer may use these records or other evidence to try to determine whether the medical history, symptom timeline, work problems and daily-life changes support a legally provable brain injury claim.

What evidence helps prove a brain injury claim?

An injured person may need to show that their injury is connected to the accident and demonstrate how their life has changed because of it. Important records for evidence may include:

emergency, urgent care, hospital and follow-up medical records
a symptom timeline, including headaches, dizziness, confusion, sleep problems, personality changes or memory loss after a car accident
observations from family members, friends or coworkers about changes in behavior, focus, mood or daily function
work records showing missed time, reduced hours, mistakes, accommodations or job-duty changes
available imaging results
neuropsychological testing or specialist evaluations, when ordered by a qualified provider
photos, crash reports, incident reports, witness information and insurance correspondence

A TBI should be diagnosed by a medical professional. Document what happened, preserve available records and follow your medical providers’ instructions.

How can Michigan PIP benefits help after a crash?

If the TBI came from a motor vehicle crash, Michigan no-fault/PIP benefits may be relevant before any lawsuit is reviewed or filed. Under MCL 500.3107, PIP can help pay for qualifying medical care and rehabilitation, lost income and replacement services, such as help with ordinary household tasks you can’t perform because of your injury. These benefits remain subject to the policy, statutory rules, priority rules and other limits.

When determining the facts of possible PIP benefits, the first legal question is often which insurer is responsible. That can depend on whether the injured person had an auto policy, lived with a covered relative, was in an employer vehicle, was riding a motorcycle, was a pedestrian or bicyclist or may need to seek benefits through the assigned-claims process.

For more about which insurer may be responsible, see Michigan Legal Center’s explanation of Michigan car accident medical bills and PIP priority.

PIP benefits claims are not the same as a lawsuit against the at-fault driver. A head injury claim from a car accident may involve both, but they are reviewed under different rules.

When can you bring a third-party injury claim?

A third-party claim is a personal injury claim against a person or company whose conduct caused the injury. In a motor vehicle crash, Michigan law limits certain third-party claims for noneconomic loss, such as pain and suffering, unless the injured person suffered death, permanent serious disfigurement or a serious impairment of body function.

Under MCL 500.3135, serious impairment means an impairment others can observe from actual symptoms or conditions, involving a body function important to you, that affects your general ability to lead your normal life.

Does the injury affect an important body function? Did it change the person's general ability to live normally? What was the person like before the accident compared with after it?

For a closed-head injury, sworn testimony from a licensed medical doctor or doctor of osteopathic medicine who regularly diagnoses or treats closed-head injuries creates a factual question for the jury if the physician says a serious neurological injury may be present. That testimony does not automatically establish a right to compensation.

Damages can be different in every case depending on the claim type, the evidence available and the facts of the case. In a personal injury case, damages may include medical care not covered by no-fault benefits, wage or earning-capacity loss, pain and suffering, disability or loss of function, future care and other necessary expenses when the evidence and law support them.

Not every head injury supports a lawsuit. An attorney who handles TBI claims can evaluate whether a lawsuit may be appropriate. An attorney may attempt to identify the responsible parties, preserve evidence, review insurance and determine whether the legal elements are actually supported.

What should you do after a suspected TBI?

Always focus first on personal safety and receiving medical care. Get emergency help when needed, report the accident and follow your medical providers' instructions.

Keep copies of the records listed above and ask family members to write down changes they observe. Avoid guessing about settlement value before the records are reviewed.

Missing records can make it harder to connect your symptoms to the accident. Michigan Legal Center can help protect your claim by reviewing the medical evidence and addressing insurance disputes. You can read more about what a personal injury lawyer does or contact Michigan Legal Center for a case review.