If you’re reading this, you or someone close to you has been in an accident and is dealing with a concussion. You’re probably wondering whether there’s a case, what it might be worth, and if you should pursue it.

We handle concussion cases from car accidents, truck accidents, and rideshare accidents throughout Massachusetts and Georgia (our offices are located in these two states).

Here’s what you need to know about concussion claims.

Why Concussion Cases Are Tricky: “Invisible Injuries”

A large majority of “mild” traumatic brain injuries appear completely normal on CTs and MRI scans.

Insurance companies know this. They’ll point to your normal scan results and argue that you’re not really injured, or that your symptoms aren’t as bad as you say. They’ll push for a quick, lowball settlement before you can fully process the extent of your injuries.

This means you need the right evidence and the right attorney, one who understands how to prove an injury that doesn’t show up on a scan.

You Don’t Have to Figure This Out Alone

If you’re feeling overwhelmed right now, that’s normal. You might be dealing with symptoms that make it hard to think clearly, or you might be trying to help a family member who can’t advocate for themselves. Either way, you don’t need to become an expert in concussion litigation to get the help you deserve.

That’s our job.

At Lionhart Injury Law, you’ll work directly with Attorney Rob Hartigan—not a paralegal, not a case manager. Rob has handled these cases for years and knows how to navigate the medical evidence, the insurance disputes, and the legal deadlines so you can focus on recovery. He’ll tell you what needs to happen, when it needs to happen, and what you can expect along the way.

Rob also has a personal connection to traumatic brain injury, because his mother suffered a TBI from a drunk driver. He understands the impact these injuries have on families, not just professionally, but personally.

If you’re ready to talk, reach out. If you want to learn more about how these cases work first, keep reading.

How Common Are Concussions in Car Accidents?

Motor vehicle crashes are the second-leading cause of traumatic brain injury in the United States (falls are the leading cause).

When Is a Concussion Case Worth Pursuing?

The value of a concussion case depends on several factors:

• Severity and duration of symptoms. A concussion that resolves in a few weeks is very different from post-concussion syndrome that lingers for months or years. Symptoms like persistent headaches, memory problems, difficulty concentrating, mood changes, and sleep disturbances all affect your case value. This is especially so if they interfere with your ability to live your life normally.
• Impact on your work and earning capacity. If your concussion has affected your ability to do your job, that lost income is a significant part of your damages. For example, if you’ve had to reduce hours, take a lower-paying position, or stop working entirely.
• The type of accident. Car accidents are the most common source of concussion claims, though the available insurance is often limited to state minimums. Truck accidents and rideshare accidents typically involve more insurance coverage and more potentially liable parties. This can mean more compensation available to you.
• Pre-existing conditions. If you had prior concussions, migraines, or other health issues before the accident, that doesn’t disqualify you from pursuing a claim. In fact, under what’s called the “eggshell plaintiff” rule, defendants are responsible for the full extent of the harm they cause, even if a pre-existing condition made the injury worse than it would have been for someone else.

Concussions from Car Accidents

Car accidents are the most common source of concussion claims we see. You don’t have to hit your head on the steering wheel or window to suffer a concussion. The violent back-and-forth motion of a collision can cause your brain to strike the inside of your skull, even if your head never contacts anything.

Head-on collisions, rear-end impacts, and T-bone crashes can all cause concussions. High-energy accidents are more likely to lead to head injury, but not always. It’s possible to be seriously injured even in what looks like a “minor” collision.

One challenge with car accident concussion cases is that the at-fault driver may not have enough insurance to fully cover a serious injury with lasting effects. When we evaluate your case, we look at all the potential sources of compensation available to you.

Concussions from Truck Accidents

If your concussion resulted from a collision with a commercial truck, your case likely involves significantly more insurance coverage. Federal law requires some commercial trucks to carry between $750,000 and $5 million in liability insurance, depending on what they’re hauling.

A fully loaded tractor-trailer can weigh 80,000 pounds. This is 20 to 30 times more than a typical passenger car. In a collision, the occupants of the smaller vehicle absorb far more force. Federal crash data shows that passenger vehicle occupants account for 97% of the deaths in two-vehicle truck-car crashes. The same dynamics that make these accidents more dangerous also make the resulting brain injuries more likely to be serious or catastrophic.

Truck accident cases also offer opportunities to strengthen your claim through federal safety violations. Trucking companies and their drivers must follow strict Federal Motor Carrier Safety Administration regulations. These include limits on driving hours, mandatory rest periods, logbook requirements, and vehicle maintenance standards. When they violate these rules and cause an accident, those violations can help prove negligence.

Truck cases often have multiple potentially liable parties. Beyond the driver, you may have claims against the trucking company, the cargo loading company, maintenance contractors, or even the manufacturer of defective equipment. More defendants with insurance means more potential paths to full compensation.

Concussions from Rideshare Accidents

Rideshare accidents (whether you were a passenger in an Uber or Lyft that crashed, or you were hit by a rideshare driver) involve a unique insurance structure that can work in your favor under the right circumstances.

When a rideshare driver is actively transporting a passenger, both Uber and Lyft typically provide $1 million in liability coverage.

That coverage, however, depends on the driver’s status at the time of the accident. If the driver had the app turned off, only personal insurance applies, which is often minimal. If the app was on but the driver hadn’t accepted a ride yet, a lower level of coverage kicks in. The full $1 million only applies when a ride has been accepted or a passenger is in the car.

Rideshare cases often involve disputes about which insurance policy applies. Uber and Lyft’s insurers may try to deny coverage or shift responsibility to the driver’s personal policy. Having an attorney who understands these coverage disputes is important.

Rideshare companies don’t publish injury data broken down by type, so there are no reliable statistics on how often rideshare crashes result in concussions specifically. What we do know is that the insurance structure creates real opportunities for compensation when serious injuries occur, and that an attorney familiar with these cases can help you navigate the coverage questions.

Differences by State

The legal rules differ between Massachusetts and Georgia, and some of the details matter a lot for your case. We’ve summarized the major differences below. If this feels like a lot to absorb, don’t worry, this is exactly the kind of thing we’ll walk you through when we talk.

If You’re in Massachusetts

Statute of limitations: You have three years from the date of your accident to file a personal injury lawsuit in Massachusetts. That sounds like a long time, but building a strong concussion case takes time, so it’s good to start as soon as possible.

No-fault insurance: Massachusetts is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your initial medical expenses regardless of who caused the accident, up to $8,000.

To step outside the no-fault system and sue for pain and suffering, you need to meet a threshold where either your reasonable medical expenses exceed $2,000, or you suffered a fracture, whole or in part loss of a body part, permanent or serious disfigurement, loss of sight or hearing, or death. 

Comparative negligence: Massachusetts uses a “modified comparative negligence” rule. You can recover damages as long as you were 50% or less at fault for the accident. If you were 30% at fault, your recovery is reduced by 30%. If you were 51% or more at fault, you recover nothing.

If You’re in Georgia

Statute of limitations: Georgia gives you only two years from the date of your accident to file a personal injury lawsuit. It’s important to start building your case promptly.

At-fault insurance: Georgia is an at-fault state, which means you can pursue compensation directly from the at-fault driver’s insurance for all your damages—medical expenses, lost wages, and pain and suffering—without meeting any threshold. The tradeoff is that you must prove the other driver was negligent.

Comparative negligence: You must be less than 50% at fault to recover anything. If you’re found 49% at fault, you recover 51% of your damages. But if you’re exactly 50% at fault, you recover nothing. That one percentage point can make all the difference in a disputed case.

No caps on pain and suffering: Georgia does not cap non-economic damages in car accident cases. If your concussion has caused significant pain, suffering, and diminished quality of life, you can pursue full compensation without an artificial limit.

What Helps Us Build a Strong Case for You

As mentioned earlier, concussions are “invisible injuries.” They often don’t show up on scans, which gives insurance companies room to downplay or deny the claim. The following steps help build the kind of evidence that holds up against that pushback. We’ll guide you through this process, but here’s what to keep in mind:

Consistent medical treatment is important. Gaps in treatment give insurance companies ammunition to argue the injuries aren’t serious. The injured person should keep following up with doctors as long as symptoms persist.

Neuropsychological testing. When CT and MRI scans come back normal, neuropsychological testing becomes the most powerful tool available. These standardized tests measure memory, processing speed, attention, and other cognitive functions, comparing performance to population averages. The results provide objective, quantifiable evidence of cognitive injury that imaging can’t capture.

Advanced imaging. Newer imaging technologies like Diffusion Tensor Imaging (DTI) can detect white matter damage that standard MRIs miss. DTI has been accepted in courts across the country and can provide visual evidence of brain injury when conventional scans show nothing.

Keep a symptom journal. Symptoms should be written down daily. Things such as headaches, dizziness, memory problems, mood changes, sleep issues, and sensitivity to light or noise. The journal should note how symptoms affect daily activities, work or school, and relationships. If you’re a family member helping out, you can assist with this or keep your own notes on changes you observe.

“Before and after” witnesses. Family members, friends, coworkers or teachers who knew the injured person before the accident can testify to changes they’ve observed: personality shifts, memory lapses, difficulty with tasks that used to be easy. This testimony makes invisible injuries visible to juries.

What if you haven’t done any of this?

If it’s been months since your accident and you haven’t kept a journal, or there are gaps in your medical treatment, or you’re only now realizing how serious your symptoms are, don’t assume it’s too late.

We’ve built strong cases from imperfect starting points. The important thing is to talk to someone who can assess where you stand and figure out what’s still possible. That’s what the consultation is for.

What to Do Now

Don’t settle early. Insurance companies often push for quick settlements. Concussion symptoms can persist for months, and some mild TBI patients develop post-concussion syndrome with long-term effects. Once you sign a release, you can’t reopen your case if your condition worsens.

Be careful with social media. Insurance companies and defense attorneys monitor claimants’ social media accounts. A photo of you at a family gathering or a post saying you’re “doing great” can be used to undermine your claim, even if it’s taken out of context. Consider making your accounts private or staying off social media entirely while your case is pending.

If your loved one died or is unable to advocate for themselves. Family members can pursue a claim on behalf of someone who was killed or left incapacitated by injuries. If you’re in this situation, we can walk you through the options available under Massachusetts or Georgia law.

We’re Here to Help

If you or someone you care about is dealing with a concussion from an accident, we’re here to help. Contact Lionhart Injury Law to discuss your situation.