A serious car accident can result in more than just physical injuries. For some victims, especially those who suffer traumatic brain injury memory loss is one of the most devastating effects. Not remembering the crash can feel disorienting, but it does not mean you are without legal recourse.
If you can’t remember details of a car accident, you can still file a personal injury claim. In this article, we explain how memory loss impacts your case, how to find out details of a car accident, and how a Fort Lauderdale personal injury lawyer can help build a strong claim on your behalf.
Why Brain Injuries Can Cause Memory Loss After a Crash
Head trauma is one of the most common consequences of a serious car crash. When the brain experiences a sudden jolt or impact, it can lead to a concussion or more severe traumatic brain injury. These injuries frequently result in memory loss, particularly short-term memory loss, leaving victims unable to recall the crash or the events surrounding it.
Some people lose memory only of the moments right before or after the collision. Others may experience longer gaps in memory, depending on the severity of the trauma. While this can complicate the claims process, it does not eliminate your right to recover compensation.
How to Find Out Details of a Car Accident You Don’t Remember
When memory fails, documentation becomes critical. There are several ways to learn what happened:
- Request the police report. This is often the most detailed official record and includes the officer’s account, involved parties, and initial fault determination.
- Review EMS and hospital records. Emergency responders document your condition and responses at the scene and upon hospital intake.
- Obtain dashcam or surveillance footage. In Fort Lauderdale, traffic cameras and private business security cameras can offer footage of the crash.
- Speak to witnesses. Bystanders, passengers, or other drivers may have seen the incident unfold and can provide important insights.
A Fort Lauderdale car accident lawyer can help you gather all this information while you focus on recovery.
Filing a Claim When You Can’t Remember the Accident
If you can’t remember details of a car accident, you are still legally allowed to pursue a claim. Florida’s personal injury laws do not require you to recall the crash firsthand. Instead, the focus shifts to third-party evidence and expert interpretation.
Your medical records showing a brain injury memory loss can strengthen your case, as they demonstrate the severity of the impact. Your attorney may also use accident reconstruction specialists to recreate the crash events and establish liability.
Memory loss itself is a form of compensable injury. A brain injury claim can include damages for cognitive impairment, mental distress, and future medical care.
How a Fort Lauderdale Personal Injury Lawyer Builds Your Case
A Fort Lauderdale personal injury lawyer has the resources and experience to build your case even when you cannot recall key details. Your lawyer will:
- Collect police, EMS, and medical records
- Interview witnesses and obtain expert testimony
- Analyze vehicle damage and accident scene evidence
- Retain neurologists and neuropsychologists to support your claim
Your attorney will also deal with the insurance company on your behalf, ensuring they do not dismiss your claim or offer a low settlement due to your memory loss.
Memory Loss Shouldn’t Cost You Justice | Let Us Help You Rebuild the Story
If you are suffering from brain injury memory loss after a serious crash, you still deserve justice. At The Law Offices of Wolf & Pravato, we have successfully helped clients with traumatic brain injuries recover compensation, even when they couldn’t remember details of the car accident. Our results include a $3.85 million settlement for a client with long-term cognitive impairment.
Call us today at (844) 643-7200 for a free consultation. You pay nothing unless we win your case.
FAQs
- Can I still sue if I don’t remember the car accident?
Yes, your lawyer can build your case using police reports, medical records, and expert testimony. - How does a brain injury memory loss impact a personal injury case?
It adds to the seriousness of the claim and may result in higher compensation due to long-term effects. - What should I do first if I think I have memory loss after a crash?
Seek immediate medical evaluation, and contact a personal injury lawyer to begin gathering evidence. - Will my case be weaker if I have no memory of the crash?
Not necessarily. With strong documentation and legal support, your case can still succeed. - Can I receive compensation for brain injury memory loss itself?
Yes, memory loss due to brain injury is a valid part of your damages and can be included in your claim.
