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Why post-traumatic amnesia can hurt your claim after a crash

One of the most common and potentially dangerous types of injury a person can suffer in a vehicle crash is a traumatic brain injury (TBI). These are unique and often challenging injuries because the symptoms may not appear immediately. That’s one reason it’s crucial to get a thorough medical evaluation after a crash so the appropriate testing can be done to determine if the brain or any other internal organs were injured.

A TBI can produce a multitude of symptoms, depending largely on what part(s) of the brain is affected. Some resolve largely on their own in days or weeks as the swelling dissipates. Others can last considerably longer and require ongoing treatment and therapy.

Post-traumatic amnesia (PTA) is one possible result of a TBI. It’s most common when the hippocampus, amygdala, cerebellum and/or prefrontal cortex get the brunt of the impact.

There’s more than one type of PTA

Each person’s case of PTA is unique – not just in how long it takes to heal but in how it affects their memory. Anterograde amnesia is the most common in collisions. That generally results in a person not remembering the immediate aftermath of the accident even though they can remember the events that led up to it.

Retrograde amnesia is less common, but it still occurs. This typically leaves a person with no memory of what happened just before the crash but able to remember everything afterward.

There are all sorts of variations on memory loss that can occur with a TBI. All can affect a person’s ability to accurately remember what happened – even if they think they do.

A PTA sufferer shouldn’t talk to anyone who’s not on their side

A person with a TBI mustn’t talk to anyone representing the other driver(s) – like insurance claims agents — or to those drivers themselves after a crash. It’s too easy to be convinced that things happened in a way they actually didn’t or to apologize or accept blame when they weren’t at fault.

It’s like the “anything you say can and will be used against you” part of the famous Miranda warning. The same goes for insurance and civil claims. It’s hard if not impossible to take back what was already said – even with good cause to do so. That’s one reason it’s wise to get legal guidance as soon as possible so that a professional can handle all communications and protect the victim’s right to fair compensation.