How much compensation you get for headaches after a car accident settlement in Florida varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own settlement data on this page, the average headache after a car accident settlement is between $52,187 to $300,000.

Real Settlements Involving Headaches After a Car Accident

Case 1: $52,187 Settlement for Headache After Car Accident in Polk County, FL – 2024

On January 23, 2023, our client was involved in a collision at a Polk County intersection when another driver failed to yield the right of way. She was taken to the hospital with neck and back pain, as well as headaches. Follow-up care included MRIs, chiropractic treatment, and physical therapy, which successfully resolved her pain without surgery. After submitting detailed medical documentation, we negotiated with the insurer and secured a $52,187 settlement for her headache after car accident and related injuries.

Case 2: $100,000 Settlement for Headaches and Facial Injuries After Scooter Accident in St. Petersburg, FL – 2024

At just 19 years old, our client was riding her electric scooter when a driver failed to yield and struck her. She was thrown onto the car and then to the pavement, suffering facial fractures, back injuries, an ACL tear, and persistent headaches. Her symptoms included numbness, tingling in the face, and continued head pain. We presented a detailed demand package, and the insurer paid the full $100,000 policy limit. We also negotiated her medical bills down significantly, maximizing her net settlement.

Case 3: $300,000 Post-Traumatic Headache Settlement from Rear-End Crash in Venice, FL – 2020

Our client was rear-ended on US 41 at McIntosh Road when the at-fault driver failed to stop, later blaming rainy weather. Our client began medical treatment shortly after the accident with a chiropractor for pain in her neck and lower back. She also began to experience symptoms such as headaches, dizziness, anxiety, and traumatic stress. These symptoms were consistent with post-traumatic headaches following a concussion. A team of specialists confirmed she had sustained a closed head injury and post-concussion syndrome. With extensive medical documentation and proof of liability, we secured the full $300,000 insurance policy limit from GEICO for her headache-related injuries.

How Florida Settlements Account for Headaches After a Car Accident

When someone suffers from headaches after a car accident, determining the value of a legal settlement can be a complex process. In Florida, as in other states, several factors come into play that can affect the overall settlement amount for post-traumatic headaches (PTHs) caused by accidents. This page outlines the key elements that influence the settlement process, with a particular focus on Florida law.

Factors Affecting Post-Traumatic Headache Settlements in Florida

  1. Severity of the Injury
    Just like in other states, the severity of the headache plays a critical role in determining the value of the settlement. For mild PTHs, with temporary symptoms, the settlement value may range from $10,000 to $20,000. However, for severe cases with chronic headaches or cognitive impairment, settlements can be much higher, sometimes reaching $50,000 to $100,000 or more.
  2. Duration of Symptoms
    Headaches that last only a few weeks may lead to a lower settlement, whereas those that persist for months or even years can result in a much higher payout. Florida law considers the long-term effects of injuries on the plaintiff’s daily life when determining the appropriate compensation.
  3. Medical Expenses and Lost Wages
    In Florida, like elsewhere, medical costs and lost wages are critical factors in settlement calculations. Treatment costs for PTHs can include doctor visits, medications, and therapy, all of which contribute to the overall value. Additionally, if the injured party is unable to work due to their condition, lost wages can significantly impact the settlement figure.
  4. Emotional and Psychological Impact
    Emotional distress due to persistent headaches, including anxiety and depression caused by the pain, is also a factor in settlement decisions. Florida law allows for compensation for non-economic damages, such as pain and suffering, which can increase the value of the settlement, particularly if the plaintiff experiences ongoing emotional difficulties related to their injury.
  5. Florida-Specific Legal Considerations
    One unique element of settling headache-related injuries in Florida is the state’s “no-fault” insurance law, which can complicate the process. In Florida, Personal Injury Protection (PIP) insurance covers a portion of medical costs and lost wages, regardless of fault. However, for more severe injuries such as persistent headaches, the injured party may need to file a personal injury lawsuit to seek additional compensation.

Example Case Scenarios

  • Mild Post-Traumatic Headache: A person who experiences headaches for a few weeks following a car accident may receive a settlement between $10,000 and $20,000, depending on their medical treatment and the severity of the symptoms.
  • Severe Chronic Post-Traumatic Headache: If the injury leads to chronic headaches and cognitive impairments that persist for several months or years, the settlement could range from $50,000 to $100,000 or more.

What Causes Headaches After a Car Accident?

The sudden and violent nature of motor vehicle collisions can result in a variety of severe injuries. Fractures, dislocations, contusions, and lacerations are all readily visible or can be easily identified with medical testing, such as X-rays, MRIs, or CT scans.

Some other types of serious injuries are much more difficult to detect and do not show up on tests even with a negative X-ray. In fact, you might not be aware of any damage until you develop symptoms such as headaches. Some of the most common causes of headache after a car accident are:

  • Whiplash,
  • Concussion,
  • Traumatic brain injury (TBI),
  • Soft tissue damage, and
  • Nerve damage.

Among these potential injuries, whiplash and brain injuries pose some of the most serious threats to your future health and well-being. In some cases, a whiplash payout can help cover the long-term effects of these injuries, ensuring you receive the treatment and compensation you need for recovery.

Can I Seek Compensation for a Headache-Related Injury?

If another party was at fault for your car accident, you have the right to pursue compensation for your damages. In most cases, injury accident victims can submit their claim to the at-fault party’s insurance company. This requires documenting your claim and damages, then negotiating to reach an acceptable settlement.

If you can’t obtain a reasonable settlement through the insurance company, you have the option of filing a civil lawsuit and making your case in court. A car accident attorney can help you determine the viability of your case and explain the process through which you can recover compensation for your economic and non-economic damages.

What Evidence Do I Need to File a Headache Injury Claim after a Car Accident?

To build a persuasive case, car accident lawyers first obtain evidence to establish fault for the accident and liability for the victim’s damages.

In some cases, establishing fault is fairly straightforward. For example, if another motorist rear-ended your car, the law almost always assigns liability to the driver who struck the other vehicle from behind. In other cases, however, your attorney may need additional evidence to establish fault and prove negligence.

Some evidence that might be necessary to support your claim includes:

  • Accident reports,
  • Witness testimony,
  • Accident scene photos,
  • Expert opinions, and
  • Accident scene reconstruction.

To establish the value of your damages, your attorney might use some or all of the following documentation.

  • Medical bills,
  • Wage statements, and
  • Vehicle repair estimates.

You may also be entitled to recover compensation for pain and suffering, emotional trauma, scarring, disfigurement, or disability.

If you cannot work because of your injuries, or if you require future treatment or ongoing care, your attorney will also consider the estimated cost of future treatment and care, as well as the estimated value of future lost income and benefits.

What Should I Do After a Car Accident?

Because the risk of delayed onset injuries is so significant, personal injury lawyers recommend that accident victims seek medical attention immediately after a car crash. Even if you don’t believe you were hurt, seeking a full medical evaluation is important.

If you do have a brain or soft tissue injury, seeking treatment immediately can help ensure your recovery. Having your condition documented by a qualified medical practitioner is also critical for documenting your injury claim.

If you don’t see a doctor until days or weeks after an accident, the insurance company could claim that the accident wasn’t the cause of your injuries, or that your injuries weren’t that serious.

Why Choose Experienced Personal Injury Attorneys in Florida?

Navigating the complexities of a post-traumatic headache case in Florida can be challenging. Experienced attorneys who understand the nuances of Florida law can help injured individuals seek appropriate compensation for their injuries. This includes understanding the state’s no-fault system, evaluating long-term impacts, and ensuring that all factors, medical expenses, lost wages, and emotional distress, are adequately considered.

Get Help With Your Headache After Car Accident Settlement

If you’re experiencing headaches after a car accident, you don’t have to navigate the settlement process alone. At Abrahamson & Uiterwyk, our team has experience helping clients pursue compensation for injuries like post-concussion syndrome and accident-related headaches. Contact us today to speak with a car accident lawyer and learn how we can help you with your headache after car accident settlement.