TBI After a Crash: What to Do Next

A traumatic brain injury (TBI) does not announce itself. Often there is no visible wound, no ambulance, and no moment where it’s clear you have suffered something serious. It’s only over the next few days that you notice something is off: headache is relentless, and you can’t track conversations. Light and noise are unbearable, and your emotions are impossible to regulate.

If this sounds familiar, you may have suffered a traumatic brain injury: one of the most under-diagnosed injuries in car crashes, and one of the most aggressively disputed in personal injury law. Because of this, what you do in the first days and weeks shapes both your recovery and your legal claim.

If you have suffered a TBI after a crash, we urge you to follow this guide. For immediate assistance, call Eder Sturm Eder. We handle brain injury cases throughout Oregon and Southwest Washington, and offer free consultations to help you decide your next steps.

Do I Have a Traumatic Brain Injury?

You do not have to hit your head or black out to have a TBI. These misunderstandings keep people from getting diagnosed, and both are wrong. Most concussions happen without loss of consciousness; being knocked out is not required for a brain injury. In fact, you do not have to strike your head at all.

A concussion is caused by "a bump, blow, or jolt to the head, or by a hit to the body that causes the head and brain to move quickly back and forth,”: according to the CDC. The whip of a rear-end collision can injure the brain against the inside of the skull with no head contact whatsoever. Some concussion symptoms may not appear immediately; feeling fine on the roadside is not evidence that you were not hurt.

If you believe you may have suffered a traumatic brain injury, seek medical attention immediately.

What To Do After a Traumatic Brain Injury

Step 1: Assess the Seriousness of Your TBI

Some head injuries are emergencies. According to the CDC, you should always call 911 or get to an emergency department immediately if you or someone in the crash has any one of the following symptoms:

• A headache that keeps getting worse and will not go away
• Repeated vomiting or persistent nausea
• Slurred speech, weakness, numbness, or loss of coordination
• Unusual behavior, agitation, or confusion
• One pupil larger than the other
• Seizures or convulsions
• Extreme drowsiness, or the inability to be woken up
• Loss of consciousness of any length
• In instances involving a child: refusing to eat or nurse; inconsolable crying

These signs can mean bleeding or swelling inside the skull, and they are time-sensitive. Do not hesitate in seeking immediate medical care.

Step 2: Seek a Medical Evaluation, Even If You Feel Fine

When you see a doctor, tell them your head moved violently, whether or not it struck anything. Ask that the mechanism of injury be written into the chart. Report every symptom, not just the physical ones. We recommend that you bring someone who knows you well; they may be able to help explain symptoms that you cannot see in yourself.

Brain injury symptoms fall into four groups: physical (headache, dizziness, light and noise sensitivity, fatigue), thinking (fogginess, memory and concentration problems), emotional (irritability, anxiety, sadness), and sleep (too much, too little, or trouble falling asleep). People routinely mention the headache and skip the rest.

Step 3: Rest With Intention

Current guidance favors a short period of rest with limited screen time in the first day or two, followed by light activity if you are able. Because TBIs are “invisible injuries,” you may need to advocate for yourself until the extent of your injury is known. You may wish to journal to keep track of your progress; make note of your symptoms, severity, and what you could not do. This may become persuasive evidence in your legal case, should you need it.)

Do not drive, work, or return to sport until a provider clears you. A second brain injury before the first heals is far more dangerous, and you may not realize the extent of your vulnerability until it has been violently exposed. The brain needs ample time to heal; trust your intuition if you feel nervous about re-engaging as you did before the crash.

Legal Tip: Do not give a recorded statement to the other driver's insurer. Early statements taken while you are foggy get used against you for years.

Step 4: Follow Up With Your Doctor

Always check in for a progress check with your doctor, even if you are improving, and push for referrals when symptoms linger. Depending on what you are experiencing, that may mean a neurologist, neuropsychological testing, vestibular therapy for dizziness and balance, or vision therapy for focusing and tracking problems. Pay attention if symptoms persist.

Post-concussive symptoms typically begin within the first 7-10 days. When they continue past three months, they may be diagnosed as persistent post-concussive symptoms, which sometimes last a year or more. The risk of developing these symptoms is not always correlated with the severity of the original injury; a crash that looked minor can produce symptoms that are quite serious.

Keep the journal going, and ask your spouse, a parent, a close friend, and a coworker to write down what they have noticed. Their observations often capture what testing cannot.

Step 5: Consult With an Attorney if Symptoms Persist

Not every TBI demands a personal injury lawsuit; only those caused by someone else’s negligence, with damages in excess of the settlement offer, may require legal intervention. At Eder Sturm Eder, our Oregon and Washington State brain injury lawyers stand ready to help explain your legal options and, if needed, recover financial compensation for your injuries.

If you are considering legal action, be sure to act fast; statutory deadlines start from the date of the crash, not the TBI diagnosis. Most Oregon injury claims must be filed within two years; Washington allows three. If a public body is involved in an Oregon claim — a transit bus, a city truck — written notice is due within 180 days. Because brain injury symptoms surface late, people lose months before they understand what happened to them.

Eder Sturm Eder represents people with brain and catastrophic injuries across Oregon and Southwest Washington, including Portland, Beaverton, Hillsboro, Gresham, Salem, Eugene, Bend, Vancouver, Camas, and the surrounding communities.

What Your Adjuster Might Say To Devalue Your TBI Claim

"Your CT scan was normal." A CT is designed to detect bleeding and skull fractures. It is not designed to detect a concussion, and the CDC is explicit that imaging is not required to diagnose one. A clean scan means you are not bleeding. It does not mean you are not injured.

“Our claims software says that your claim is worth $___.” As we've written about how adjusters value injury settlements, insurers lean on evaluation systems built around objective findings like fractures, positive imaging, surgeries. Brain injuries with normal scans fall straight into the gap those systems create.

“You did not seek medical care immediately after the crash.” Gaps become arguments. Every week without treatment gets recast as evidence you recovered, or were never hurt. This is why you should always seek medical diagnosis as soon as possible after a crash.

"You went back to work." Returning to a job you are struggling to perform is treated as proof you are fine. It is often the opposite; people push through because they have to.

The antidote to these bogus claims is simple: documentation, built early and consistently. This may include testing, employment and academic records showing measurable decline, and lay witnesses who knew you before. An experienced personal injury lawyer can also improve the likelihood of your claim settling for its full, fair amount.

TBI after a Crash? The Oregon and Washington Laws to Know

Your own coverage pays for treatment first.

Oregon requires Personal Injury Protection on every auto policy: at least $15,000 in medical benefits, regardless of fault, for care within two years of the injury. Washington requires insurers to offer at least $10,000 in PIP, which you can only decline in writing. Neuropsychological testing and specialist care are expensive, and PIP exists precisely for services like these.

Underinsured motorist (UM/UIM) coverage often matters more than the at-fault policy.

Serious brain injuries exhaust minimum limits immediately. Oregon requires UM/UIM coverage on every auto policy, and it is widely carried in Washington. Every policy in your household should be reviewed.

In some cases, you can still recover damages even if you are found partially at fault.

Oregon applies modified comparative fault; you recover as long as you are not more than 50 percent at fault. Washington applies pure comparative fault, reducing recovery by your share without barring it.

For more information about how the law may affect your TBI claim after a crash, call Eder Sturm Eder: (503) 227-4601.

Frequently Asked Questions about Traumatic Brain Injuries

I never hit my head. Can I still have a brain injury?

Yes. Rapid acceleration and deceleration alone can injure the brain inside the skull. This is common in rear-end and side-impact crashes, and in motorcycle, bicycle, and pedestrian collisions even when a helmet was worn.

My scan was normal. Does that mean I am fine?

No. CT and standard MRI are used to rule out bleeding, swelling, and fractures. Concussions frequently do not appear on either test. Diagnosis is clinical, which means it is based on mechanism, symptoms, and examination. Seek a TBI specialist for a proper evaluation of your condition.

How long do symptoms last?

While most people improve within weeks, others may take months or years to see improvement. In some severe cases, the effects of a TBI never fully go away. When symptoms persist beyond three months, you should be evaluated for persistent post-concussive symptoms and referred to a specialist.

What is neuropsychological testing?

Neuropsychological testing is a structured battery of tests measuring memory, attention, processing speed, and executive function. It converts symptoms you can only describe into measured results; this is exactly what insurers claim brain injury cases lack.

My worst symptoms are emotional. Does that count?

Yes. Irritability, anxiety, depression, and personality changes are recognized consequences of brain injury, and they are compensable. They are also the symptoms most likely to be dismissed, so make sure they are documented in your medical records.

Should I go back to work?

This depends on your medical condition and the type of work you do. Ideally this would be a medical decision, not a financial one. Returning too early can slow recovery and will be used to argue you were not seriously hurt. If you do return, document the accommodations, errors, and reduced hours.

What does it cost to talk to a lawyer at Eder Sturm Eder about my brain injury?

Nothing. Eder Sturm Eder handles Oregon and Washington brain injury cases on a contingency fee basis. Consultations are free, and you pay nothing unless we recover compensation for you.

If you or someone you love is dealing with the aftermath of a head injury from a crash, get medical care first — then get advice. Call Eder Sturm Eder at (503) 227-4601 or contact us online for a free, confidential consultation.