When a hit-and-run accident leads to traumatic brain injuries, the aftermath can feel like a blur of chaos, confusion, and mounting costs. These invisible yet severe injuries not only impact a person’s physical and emotional health but also create long-term financial consequences.
Understanding your rights after suffering injuries in a hit-and-run crash is essential. This article explores the question, Hit-and-run traumatic brain injuries: what damages can victims claim?, and explains how the law protects injured victims during this difficult time.
Understanding Hit-and-Run Traumatic Brain Injuries
A hit-and-run accident occurs when a driver crashes into another vehicle, pedestrian, or cyclist and flees the accident scene without stopping. When such collisions result in traumatic brain injuries (TBIs), the damage often extends beyond visible wounds.
TBIs may include concussions, internal bleeding, or more severe injuries that permanently affect memory, speech, mood, and coordination. These brain injuries can range from mild to life-altering. Many victims don’t manifest symptoms immediately, making immediate medical attention vital after any crash.
Victims of hit-and-run cases may also suffer from spinal cord injuries, broken bones, soft tissue injuries, or internal injuries. Unfortunately, the psychological trauma adds another layer of harm. Many develop post-traumatic stress disorder or emotional distress that lasts for months or years.
Legal Protections for Hit-and-Run Victims in Brain Injury Cases
State laws criminalize hit-and-run accidents. In Nevada, for example, fleeing an accident scene is a felony when the crash causes severe injuries or death (Nevada Revised Statutes (NRS) § 484E.010). Victims can file a personal injury lawsuit, which is a type of civil lawsuit, against the responsible party once the hit-and-run driver is identified, whether through police reports, witness statements, surveillance footage, or other investigative methods. This lawsuit allows the victim to seek financial compensation for damages directly resulting from the hit-and-run accident.
If the at-fault driver remains unidentified, uninsured motorist coverage under your auto policy often steps in. This type of insurance coverage helps cover certain damages when the other driver has no insurance or fled the scene. Victims may also file hit-and-run claims through their own personal injury protection (PIP) or health insurance to access immediate funds for medical treatment.
Handling these legal pathways requires strong documentation. Always gather evidence at the accident scene when possible, including photos, police reports, and names of witnesses.
Types of Damages Victims Can Claim After a Hit-and-Run Brain Injury
After a traumatic brain injury in a hit-and-run crash, victims may qualify for various forms of financial compensation. These damages reflect the seriousness of the injuries sustained and their long-term consequences.
Common damages include:
1. Hospital Bills
After a hit-and-run traumatic brain injury, hospital bills often become the first and most immediate financial burden. These may include charges for emergency room care, diagnostic imaging like CT scans or MRIs, surgical procedures, overnight stays, medications, and neurological evaluations.
2. Lost Wages Due to Time Off Work
When victims suffer traumatic brain injuries, they are frequently unable to return to work right away. This loss of income during recovery can create financial instability, especially for those without adequate paid leave or disability insurance. Lost wages account for all the income a person would have earned had the injury not occurred, from the initial days missed to extended absences lasting weeks or months.
3. Future Earning Capacity
A severe brain injury can affect a person’s cognitive abilities, memory, speech, and decision-making skills, making it difficult or impossible to return to their former job or career. In these cases, victims may also claim damages for loss of future earning capacity, which compensates for the income they are likely to lose over their lifetime due to long-term or permanent disability. This calculation often involves expert testimony, employment history, and projected career paths.
4. Pain and Suffering (Including Emotional Distress and Psychological Trauma)
This category reflects the physical pain, mental anguish, and emotional distress caused by the injury. Traumatic brain injury victims often struggle with migraines, confusion, mood swings, depression, or post-traumatic stress disorder (PTSD). These non-economic damages aim to recognize the real human cost of suffering, which doesn’t always show up in medical records but deeply affects quality of life.
5. Ongoing Medical Treatment (Physical Therapy, Rehabilitation, or Counseling)
Recovery from a brain injury often doesn’t end with hospital discharge. Victims may require months or years of physical therapy, cognitive rehabilitation, and psychological counseling. These ongoing treatments help patients regain mobility, relearn daily functions, manage anxiety or PTSD, and adapt to permanent impairments. Compensation for ongoing care ensures that victims can access the support they need without facing a financial burden.
6. Property Damage
In a hit-and-run crash, the victim’s vehicle often suffers significant damage, if not total loss. Property damage compensation covers repair or replacement costs for the car, as well as any belongings damaged inside the vehicle during the impact (e.g., electronics, car seats, medical equipment). Photographs from the accident scene and repair estimates support these claims during insurance negotiations or lawsuits.
In some personal injury cases, victims may pursue punitive damages if the hit-and-run driver is located and their conduct is deemed egregious or grossly negligent.
The Long-Term Costs of Traumatic Brain Injuries
A traumatic brain injury is not always visible, but its costs add up quickly. Many hit-and-run victims require months of physical therapy, neurological care, and even speech or occupational rehabilitation. This places a heavy financial burden on families, especially when insurance company payouts are delayed or disputed.
Victims often face permanent changes in cognition or personality. The trauma may lead to post-traumatic stress disorder (PTSD), further complicating recovery. These emotional injuries require therapy and support. Over time, the expenses go beyond medical bills to include assistive devices, home modifications, and lost opportunities.
Calculating damages must reflect not just current costs, but the lifelong impact of the injury. Fair compensation means restoring as much stability as possible, not only through finances but by acknowledging the depth of the suffering.
Proving Fault in Hit-and-Run Brain Injury Claims
Establishing liability in hit-and-run cases requires a proactive approach. Start by collecting all medical records, keeping receipts of medical expenses, and recording your symptoms regularly.
Important steps to support your personal injury claim include:
- Obtaining a complete police report from the accident scene.
- Collecting witness statements or surveillance footage.
- Documenting physical and emotional changes.
- Coordinating with doctors to show how the brain injury affected your daily life.
In many car accident cases, especially hit-and-run claims, the burden of proof lies with the injured party. The more comprehensive your evidence, the stronger your case for a fair settlement.
The Role of Insurance and the Claims Process
Dealing with an insurance adjuster after a hit-and-run traumatic brain injury can be challenging. These representatives often aim to minimize payouts. Understanding your insurance coverage, especially your personal injury protection and uninsured motorist coverage, gives you leverage.
The claims process may involve detailed paperwork, medical evaluations, and policy interpretations. Be wary of early settlement offers that fail to consider the full cost of your injury. For example, a settlement may cover immediate medical expenses but exclude long-term therapy or lost career opportunities.
While an experienced car accident attorney can guide you through the legal maze, victims must stay informed and proactive. Know your rights, review all documents, and never sign anything under pressure.
Psychological Impact: PTSD and Emotional Suffering
A hit-and-run crash doesn’t just harm the body; it can devastate a person’s mental health. Victims often experience post-traumatic stress disorder, anxiety, nightmares, or depression.
Symptoms of PTSD include:
- Recurrent flashbacks of the crash.
- Fear of driving or riding in vehicles.
- Difficulty concentrating or sleeping.
- Sudden mood swings or emotional numbness.
Courts acknowledge emotional suffering as part of pain and suffering damages. Whether caused by a blow to the head or the trauma of being abandoned by a hit-and-run driver, these injuries deserve recognition and compensation.
Why Timing and Evidence Matter in Personal Injury Lawsuits
Many personal injury cases depend on swift action. Seek medical attention immediately, even if the injuries seem minor. Brain injuries can worsen over time, and medical records created right after the crash serve as crucial proof.
Photos of the accident scene, visible wounds, and damaged property also support your case. Don’t overlook symptoms like dizziness, fatigue, or mood changes; they may indicate deeper harm.
The statute of limitations sets the legal deadline to file a lawsuit. In personal injury cases, this deadline determines how long victims have to pursue compensation in court. For example, in Nevada, you generally have two years from the date of the car accident to file a personal injury claim (Nevada Revised Statutes (NRS) § 11.190). However, in hit-and-run cases, certain exceptions may apply, especially if the at-fault driver remains unidentified for some time or if the victim was physically or mentally incapacitated. Acting quickly helps preserve key evidence and ensures your claim stays within legal timelines.
Your Legal Path Forward After a Hit-and-Run Brain Injury
Suffering a traumatic brain injury from a hit-and-run accident can feel like your world has been turned upside down. The pain is real, the losses are deep, and the road to recovery is long. But you don’t have to go through it alone.
If you or a loved one has suffered injuries in a hit-and-run accident, know that legal options exist to pursue fair compensation. Whether it’s lost income, medical care, or emotional harm, the law allows you to seek compensation for the full scope of your losses.
The experienced legal professionals at Bourassa Law Group understand the weight of your trauma. We’re here to help you understand your rights, gather evidence, and pursue justice with strength and care.
Contact us today for a free consultation and take the next step toward healing and reclaiming your future.
1-800-870-8910