Can Memory Loss Impact My Ability to Pursue Compensation After a Crash?

car accident victim cannot remember crashIt is fairly common after a crash for victims to have a difficult time remembering exactly what happened. However, memory loss often makes many crash victims wonder if they will be able to file a legal claim.

Even if you cannot recall details before, during or after the crash, you may still be eligible to pursue compensation for your injuries and damages. Each case is unique, which is why you should contact an experienced lawyer as soon as possible. He or she can help you gather evidence to support your claim.

Our legal team is ready to review your situation and discuss your potential legal options in a free case evaluation. There is no risk in calling us and no obligation to retain our services afterward.

Call (866) 320-4770 to talk to a lawyer today.

Types of Memory Loss Crash Victims May Experience

There are three different types of memory loss crash victims may experience:

  • Post-traumatic amnesia – A state of confusion or loss of memory that occurs immediately following a traumatic event, such as a crash. When a crash victim experiences post-traumatic amnesia, he or she may be unable to recall their name, where they are or what day it is.
  • Anterograde amnesia – This is the loss of the ability to form new memories for a period of time after the crash. It is the most common type of memory loss crash victims experience. Anterograde amnesia is often caused by brain trauma, such as a blow to the head.
  • Retrograde amnesia – This is the loss of memories you had before the crash happened. Crash victims with retrograde amnesia may be unable to remember dates, major life events or names.

Reasons for Memory Loss After a Crash

Victims may have no recollection of the crash or how it happened for several reasons, including:

Extreme Trauma

The trauma from a crash, especially if it results in serious injury or death, can cause the brain to block out many details. A crash victim may avoid processing thoughts and information that recalls memories of the trauma. Blocking out this information can leave you unable to remember events or personal details.


Concussions are head injuries that can cause short-term memory loss after a crash. Victims may not be able to remember what happened in the moments before or after the injury. A blow to the head can leave you feeling confused, dazed and unable to organize your thoughts and memories.

Traumatic Brain Injury

A traumatic brain injury is a more severe jolt or blow to the head. Damage to the hippocampus – the part of the brain responsible for memory – can have long-lasting effects. Crash victims with a traumatic brain injury may lose old memories, memories of the crash itself or be unable to form new memories.

Flight or Fight Response

After the crash, victims can experience a flight or fight response – the body becomes focused on protection and responding to the immediate danger. The brain at this point is also focused on survival rather than creating new memories. Memories of the crash can be nonexistent or become altered.

The chaos of a crash can also make it challenging to remember exact details. This is why it is important, if possible, to write down as much as you can recall about the crash while it is still fresh in your mind.

Filing a Legal Claim When You Cannot Remember the Crash

Although you may not remember details of the crash, you still have a right to pursue compensation. To file a legal claim, certain forms of evidence can be gathered to help prove the other driver’s negligence.

The police report – while inadmissible as evidence in court – could contain some helpful information. This includes details of how the crash happened, driver and witness statements and who was at fault.

Photos taken of the crash scene and damage to vehicles could help show how the crash happened. Videos from traffic or security cameras may have caught the crash or moments leading up to the crash.

There may be other drivers, pedestrians or bystanders who saw the crash as it happened and could provide credible witness testimony. Perhaps someone saw the other driver was speeding or distracted.

With the help of an experienced lawyer, he or she can conduct a detailed investigation and gather the evidence necessary to build a strong case on your behalf. You may be able to obtain compensation to cover medical bills you incurred to treat your injuries, lost wages from missed time at work, and more.

Reach Out for Experienced Legal Help

Greg Monforton & Partners has protected the rights of many injured crash victims over the years. A Windsor car crash lawyer is ready to help you understand your legal options in a free initial consultation.

Contact our office to learn more about how we may be able to help you. We work on a contingency fee basis, which means zero upfront costs. We do not get paid unless you get paid.

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