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Memory Loss After a Car Accident: How These Cases Are Handled

by Maurice Moore

A collision has the potential to cause injury to every part of the body, including the brain. As a result, some accident victims suffer traumatic brain injuries that result in memory loss. For these victims, compensation is only fair and necessary. If you have a loved one that has been diagnosed with memory loss after an accident, learn more about how these matters are handled in the personal injury claims process.

Memory Loss Must be Classified

It is not enough to state that they have memory loss. Generally, for the memory loss to be linked to the incident, it must be classified. Accident induced memory loss typically falls into one of three categories: retrograde amnesia, anterograde amnesia, or post-traumatic amnesia. Here's a look at each one:

  • Retrograde amnesia is a condition that causes the individual to forget everything that happened before the moment of impact. 
  • Anterograde amnesia causes issues that make it hard for the victim to establish new memories.
  • Post-traumatic amnesia can cause a loss of memory before the accident and after, which can leave the victim in a constant state of confusion.

An attorney will work with the victim's medical providers to establish this classification and to provide evidence.

You Must Highlight the Effect on Their Personal Life

Your loved one can be compensated for their injuries, but to ensure they are fairly compensated, the impact the memory loss has had on their personal life must be highlighted.

Take a husband that suffered the injury, for example. Highlighting changes in the way he can engage with his spouse, how he might often feel afraid and confused around them, and even how the two are no longer able to fulfill the intimacy needs of their relationship can all count as evidence. An attorney will then use this information to help your loved one receive the maximum level of compensation they are due.

There is Compensation for Long-Term Needs

In terms of the settlement process, it is also helpful to note that clams involving memory loss typically include compensation for long-term care needs. For example, individuals with post-traumatic or anterograde amnesia will sometimes require supervised care, which can often be costly. As a result, an attorney will work to ensure that the family does not have to cover these costs out-of-pocket, but instead that the cost for these services is included with the settlement for the injury claim. Your loved one deserves compensation and to address their long-term care needs adequately. 

Remember, you can stand in as an advocate for your loved one, so make sure you seek the help they need. Contact car accident attorneys to learn more.