A common question people ask concerns obtaining compensation for an injury incurred during a car accident that led to chronic headaches. In an injury claim headaches as a debilitating medical problem are difficult, but not impossible, to prove. Most insurance adjusters will resist paying compensation for headaches unless you can objectively prove the headaches are a direct result of injuries sustained in the accident.
When the Accident Causes Chronic Headaches
When there is a car accident, soft tissue is often injured. You may actually hit your head on the window or dash or some other car part as a result of the impact and damage the brain which can lead to chronic headaches. Another common injury is whiplash which can damage nerves, tendons, ligaments and muscles in the neck.
Soft tissue injuries can lead to chronic headaches, but other than brain swelling, the injuries will usually not show up on x-rays or an MRI. This makes it difficult to prove the injury exists. Yet chronic headaches can be debilitating and lead to an inability to function normally post-accident. You might be unable to do a job that requires concentration, or the headaches make it impossible to participate in the same activities you participated in before the accident.
Very often the headaches do not start until days after the accident. Headaches may also be a symptom of a more serious injury from the car accident.
Proving Your Headaches are Accident Related
It can be difficult to prove headaches exist much less prove they are the result of an accident. You will need to build a strong documented case that includes:
- Proof of physical injuries such as x-rays, test results, and doctor statements
- Doctor’s written notes documenting your complaints of headaches and a medical description of why the injury led to headaches developing
- Medical expenses
- Journal documenting pattern of headaches and how your ability to function normally is impacted
- Proof of time lost at work due to headaches and subsequent lost income
- Rehabilitation expenses like migraine treatments
The full extent of injuries and the long term impact of those injuries on your life cannot be known at the time of the accident. You are legally entitled to compensation for all accident related injuries and long term pain and suffering which includes headaches.
Consult an Attorney
An attorney can assist you with complex insurance negotiations concerning injuries that include chronic headaches. The attorney will advise you as to the legal options available to insure you get full and fair compensation.
