By Anderson Cummings Drawhorn on September 25, 2024
Memory loss after a car crash is traumatic, even before fully thinking through the potential consequences. Victims injured in a crash caused by a negligent driver may have legal options for recovering compensation for their medical costs and other losses. But if they cannot remember what happened, do they have a valid claim?
If you have memory loss resulting from a Texas car crash, we encourage you to seek legal help from our experienced Fort Worth car accident lawyers. We offer a free case review to learn more about your situation and help you understand your potential legal options.
At Anderson and Cummings, our lawyers are dedicated to holding negligent drivers accountable for their actions. There are no upfront costs if we represent you, as we take injury cases on contingency.
Call to request a FREE case review today: (817) 920-9000.
Filing an injury claim with memory loss poses several challenges. The biggest obstacle is not being able to provide a clear, consistent account of the accident. Insurance companies and opposing lawyers may try to exploit gaps in your memory to dispute liability or question the severity of your injuries. Your inability to recall specific details could potentially weaken your claim.
Additionally, memory loss can complicate the process of documenting your injuries and their impact on your life. You might struggle to accurately report symptoms, follow up with medical treatments, or keep track of how the injury affects your daily activities and work performance. This can make it more difficult to prove the full extent of your damages and secure fair compensation for your losses.
Generally, yes. Having memory loss after a car crash in Fort Worth does not prevent you from seeking compensation for your damages. Even without other injuries, memory loss is consider severe harm, as it can significantly impact your quality of life and ability to work. If another driver’s negligence caused the crash that led to your memory loss, you have the right to seek compensation.
In Texas, before you can recover compensation for medical expenses or any other losses, you must first prove negligence.
Car crash cases involving victims with memory loss are challenging, but not impossible. Before you can file a claim, you need to provide evidence that connects your injuries, including your memory loss, to the accident that caused them.
If you are unable to recall accident details, other forms of evidence become even more crucial, including:
These pieces of evidence can help reconstruct the accident narrative when your own recollection is unreliable.
Seeking immediate medical attention can help. Your visit to the ER gets documented in your medical records, along with any diagnostic testing, treatment and the treating physician’s notes.
In addition to getting treatment, we recommend keeping a pain journal. This real-time record documents your post-accident experiences, symptoms, and limitations that you might otherwise forget. In your journal, note any flashbacks or fragments of memory about the crash as they occur, even if they seem inconsistent or unclear. These entries can help piece together the event over time and provide a more reliable account than your compromised memory alone.
Additionally, use the journal to record any difficulties you have with recall or concentration, as these can indicate the severity of your injuries. Include observations from family or friends about changes in your behavior or memory.
A pain journal cannot replace clear memories of the collision or how it happened. However, it gives a reliable account of what happened afterward. This documentation can also back up your claim when you are struggling to remember and explain things clearly due to your injuries. It also offers insights into the accident’s impact, including that you might struggle to articulate later due to memory issues.
Memory loss after a car crash can complicate your claim. However, that should not prevent you from seeking compensation for your injuries.
Call the experienced car crash attorneys at Anderson & Cummings. We advocate for injured victims every day, and we are ready to fight to get you the compensation you deserve.
Call for a free consultation today. There are no upfront costs to pay. We do not get paid unless you do.
Experienced Lawyers. Proven Results: (817) 920-9000.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
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