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How does memory loss impact car accident claims?

On Behalf of | Oct 31, 2024 | Brain Injuries, Car Accidents

Car crashes can change lives in profound and unexpected ways. Victims often face more than just physical injuries. Brain injuries can lead to memory loss, making it harder to get fair compensation.

Brain injuries can impact both health and the ability to seek justice. Knowing how memory loss affects legal cases may help victims and their families manage this difficult situation.

How memory loss affects your legal pursuit

Brain injuries can cause different memory problems, such as:

  • Inability to remember events before the crash
  • Difficulty in creating new memories after the injury
  • Temporary confusion and memory loss after the accident

These issues can make it hard to recall key details about the crash. When seeking compensation, memory loss can influence your case in several ways:

  • Your account of the accident might have gaps.
  • You might struggle to find important documents.
  • It may be harder to show the extent of your injuries.

Georgia law recognizes these challenges. Courts might allow additional time for memory recovery and rely more heavily on other evidence, such as police reports and medical records.

Protecting your rights

If you experience memory loss after a car accident:

  • See a doctor right away and follow their advice.
  • Write down everything you can remember, even minor details.
  • Ask family and friends to help fill in memory gaps.
  • Think about consulting a personal injury attorney experienced in traumatic brain injury cases.

In Georgia, you usually have two years after a car accident to file a claim. However, for brain injury cases, courts may apply the “discovery rule,” potentially extending this deadline based on when you became aware of the full extent of your injury. But it’s best to act fast.

Your attorney can help you through this process of protecting your rights. They can work with doctors to show how memory loss affects your life, which might influence your settlement.

Knowing your rights and getting good legal advice can help you face memory issues and seek fair compensation. Memory loss may cloud your recollection, but it doesn’t diminish the value of your claim.