Can Memory Loss After a Crash Hurt My Claim?

Posted on behalf of Goldberg Finnegan, LLC on May 20, 2022 in Car Accidents

young female looking confusedSuffering short-term memory loss after a crash sometimes happens. However, for some injured victims, the memory loss could affect them much longer.

Victims with severe memory loss often wonder if they can still file a claim. How can you provide a solid account of what happened if you cannot remember it?

Even if you have memory loss, however, you may still have legal options for recovering compensation. However, it is important to recognize that each case is different, which is why seeking legal help is a good idea. Having memory loss does complicate a claim, but our attorneys are prepared to help you seek compensation.

At Goldberg Finnegan, we discuss more about the impact of memory loss in an injury claim below. If you were injured in a crash, we strongly recommend that you contact our law offices in Silver Spring today. We have a long history of proven results, and there is no cost for an initial consultation.

FREE Case Review. Call (888) 213-8140

What May Cause Memory Loss After a Crash?

A car crash is a traumatic experience for many victims, regardless of whether they sustained a serious injury. When a victim suffers memory loss (amnesia) in a crash, there could be several causes, including:

  • Emotional response caused by the trauma of the crash
  • Concussions – victims may be unable to form new memories (short-term memory loss)
  • Traumatic brain injuries (TBIs) may result in the loss of memories leading up to and including the crash.

The most common types of amnesia that crash victims may suffer include:

Post-Traumatic Amnesia

The trauma of being in a car crash may cause the inability to recall what happened immediately after the accident. Typically, victims with this type of amnesia will recover their memories.

Anterograde Amnesia

Anterograde amnesia is the most common type of memory loss after a crash and is often the result of a TBI. Victims with this type of amnesia cannot hold onto new experiences or memories. These crash victims will likely have their full memory of what happened before they were injured.

Retrograde Amnesia

Victims with retrograde amnesia cannot remember events leading up to the crash that caused their memory loss. However, they can form new memories after the crash.

In rare cases, crash victims could experience both anterograde amnesia and retrograde amnesia.

Could Medical Treatment Help Resolve Memory Loss?

Seeking emergency medical care after a crash is critical and can help you get the treatment you need sooner. Anytime there are head injuries, time is critical. Victims have a better chance for an optimal recovery with early diagnosis and treatment.

There are no drugs that can help to restore a crash victim’s memories. However, family support can help. Showing photos of familiar faces and past events to victims could help them to remember. Additionally, there are medical treatments, such as psychotherapy and cognitive behavioral therapy (CBT), that may also help crash victims to recall lost memories.

Can You Still File a Claim if You Have Memory Loss After a Crash?

That depends on many factors. Proving another party’s negligence is extremely challenging if you cannot recall details about what happened. In Maryland, this is especially true since there is zero room for fault. The other party and his or her insurance company have even more incentive to shift blame to you. However, with the right evidence, a claim may still have a chance.

Evidence That May Support Your Claim if You Have Memory Loss

An attorney may be able to help you prove your claim after a car crash. Evidence that may help him or her build a robust claim includes:

  • Photos taken at the crash scene: Photos of the crash scene, individual vehicle damage, your injuries and road conditions may all help clarify what happened.
  • Video footage: If you had a working dash cam that recorded what happened, the footage could go a long way in helping to prove your claim. Any footage from a traffic camera, if available, could also establish liability for your crash.
  • Police report: Having a police report can provide many details that the responding officer observed at the scene. Although the police report itself is not admissible, the officer’s testimony may be.
  • Witness statements: As a neutral observer of what happened, the statements of credible witnesses often carry considerable weight with the liable insurance company. Witnesses may be especially helpful when the other driver’s account is different from what the evidence seems to indicate.
  • Accident reconstruction specialist: This type of expert may greatly benefit the claim of a car accident victim who cannot recall events about the crash. Accident reconstructionists are trained experts. They use a combination of scientific techniques, technology, evidence and other available documents to help clarify how a crash happened.

Find Out How We May Be Able to Help After a Crash

Dealing with memory loss after a crash may make an already complicated process seem impossible. However, you do not have to seek compensation for your damages all alone. Our car crash attorneys in Silver Spring have managed many difficult claims and won.

Find out what your legal options are in a completely free and zero-risk case review. We will not waste your time if we do not think your claim has a chance of succeeding. If you hire our firm to represent you, there is nothing to pay up front. We only get paid for our services if we win your case.

Proven Results. (888) 213-8140

Back to Top

Call Us Toll Free (888) 213-8140
for your FREE Case Evaluation