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If you recently went through a traumatic car wreck and realize that your recollection seems hazy, or if you have trouble remembering what happened, you’re not alone. Memory loss can occur after any number of incidents, from a blow to the head to the psychological trauma of a violent act. However, your ability to recall events may negatively impact the strength of your personal injury claim.
If you’re experiencing memory loss after a car accident or another injurious incident, it’s critical to seek medical treatment. Memory loss and inability to form short-term memories may be a sign of a traumatic brain injury (TBI).
You should also talk to an experienced car accident lawyer. You may have grounds to file a lawsuit for compensation against the party responsible for your accident and injuries. The lifetime cost of treating a TBI can be hundreds of thousands of dollars, depending on how severe the injury is, and a fair settlement can alleviate much of this financial burden from your family.
Addressing legal complications when you can’t remember details of car accident
It’s not uncommon for people to struggle with memory loss after a car wreck. However, if your memory issues mean that you’ve given different statements to the police, insurance company, and the defendant’s lawyer, your credibility may be questioned.
There are a few steps you can take to offset this risk, though, starting with getting proper medical care. A diagnosis of one of these types of memory loss may mitigate allegations of lying to get money.
Common types of memory loss from head injuries
A traumatic blow to the head, as is common in a car wreck, causes the brain to collide with the interior of the skull, damaging the brain tissue and affecting the individual’s cognitive function and ability to recall events and make new memories.
TBIs may yield post-traumatic amnesia, each of which could affect your ability to recall the events of the accident differently. Post-traumatic amnesia falls into one of two types of memory loss:
- Anterograde Amnesia: Unable to form new memories for a period of time after trauma to the brain. The individual has no memory of what happened after the injury occurred.
- Retrograde Amnesia: Unable to remember what happened before the accident. Likely has memories of the accident and may have no trouble with long-term memory afterward.
Prompt medical attention can give you the best chance of recovery after a blow to the head, even a serious one. And, your post-accident medical records form a critical part of your lawyer’s case-building.
What should I do if memory loss has affected my post-accident statements?
You may have given one statement to the police officer who responded to your car accident right after the event occurred, only to realize later, when you re-read it, that some of the details were incorrect. This is more common than people realize; the trauma of the wreck, massive amounts of adrenaline that your body releases, and a blow to the head can make the details fuzzy.
Talk to your lawyer about details in the police report that look incorrect; if you later remember additional details or have supplemental information to provide, you can revise or modify the report.
Your statement to the insurance company may be affected, too. You must inform your auto policy carrier of any collision or risk of having your policy voided, but you don’t have to do that immediately. Most policies give you anywhere from a week to a month to make the statement. If you later remember the details you need to provide your carrier, though, you can always file a supplemental statement.
Note that you do not have to give any statement to the other driver’s insurance company. In fact, it’s usually best to direct any communication from the other driver and any of their representatives to your lawyer.
How your car accident attorney can help if you don’t remember details of the wreck
Your lawyer has plenty of tools available to help reconstruct the incident and prove the other driver was at fault, including medical expert witnesses and accident reconstruction specialists. They can also collect witness statements, deposing witnesses for the defense through a subpoena, which may corroborate what you recall.
If your medical records show that you suffered post-traumatic amnesia, your lawyer may file a motion to have your statements suppressed from the record so the other party can’t use your fuzzy memories or incapacity against you. Your lawyer has several approaches to preserving your right to compensation, even if you have no recollection of events.
Understanding post-traumatic amnesia and your car accident claim
If you’re concerned that post-traumatic amnesia might impact your ability to prove your car accident claim, you’re not alone. Memory loss after an injury can complicate your case, but with the right legal support, you can still pursue the compensation you deserve. The experienced car accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath are here to guide you through every step. Call (561) 655-1990 today for a free consultation and get the help you need to protect your rights.