top of page

A Concussion Claim Example After a Car Accident

Writer: Mark Mulak DC DACBSP DACRB DAIPM RMSK ICSC
Mark Mulak DC DACBSP DACRB DAIPM RMSK ICSC
Aug 30
6 min read

A rear-end collision at a stoplight may produce little visible vehicle damage, yet the driver can develop headache, dizziness, visual strain, nausea, slowed thinking, and difficulty sleeping over the next several days. A concussion claim example is useful because it shows why a personal injury case cannot rest on a patient simply reporting, "I hit my head and did not feel right afterward." The claim must connect the crash, the clinical presentation, objective findings, appropriate care, and functional consequences in a medically defensible sequence.

For Rhode Island patients and attorneys, the central issue is not whether post-concussion symptoms are real. It is whether the medical record explains what happened, identifies measurable impairment where available, rules out reasonable alternatives, and documents the course of recovery with precision.

Concussion Claim Example: From Collision to Documentation

Consider a hypothetical 42-year-old Providence commuter stopped in traffic when another vehicle strikes her from behind. Her head does not hit the steering wheel or window. She experiences an abrupt acceleration-deceleration movement, immediate neck pain, and a mild headache. She declines ambulance transport because she is alert and needs to arrange care for her child.

The next morning, she reports worsening headache, light sensitivity, dizziness when turning her head, difficulty concentrating at work, and nausea while reading on a computer. An urgent care record notes neck strain and headache but does not include a focused concussion screen. Five days later, symptoms persist. She now reports blurred vision after screen use, irritability, disrupted sleep, and unsteadiness in crowded stores.

This fact pattern is not unusual. A concussion can occur without loss of consciousness, a direct blow to the head, or abnormal findings on a routine CT scan. In a claim setting, however, delayed recognition creates a documentation problem. The first visit may capture only neck pain, while the symptoms later associated with concussion are not thoroughly recorded until days or weeks after the collision.

The appropriate response is not to fill gaps with speculation. It is to document the chronology accurately: what symptoms began immediately, what symptoms emerged later, how they changed, what care was sought, and what measurable findings support the clinical assessment.

The causation analysis

A defensible clinical narrative would identify the crash mechanics, including the direction of impact, occupant position, restraint use, head position if known, and immediate complaints. It would then explain that rapid acceleration-deceleration forces can affect the cervical spine and may contribute to a concussive injury pattern, even where there was no documented direct head strike.

Causation also depends on the patient’s pre-collision history. Did she have prior migraines, vestibular disease, concussion, anxiety, learning difficulties, neck injury, or similar symptoms? If so, those facts should be addressed directly rather than ignored. A preexisting condition does not automatically defeat a claim, but it may affect baseline status, apportionment, and the degree of certainty a provider can offer.

In this example, suppose the patient reports only occasional tension headaches before the crash, with no prior dizziness, visual tracking difficulty, cognitive complaints, or treatment for concussion. Her records support a meaningful change after the collision. That temporal relationship is important, but timing alone is not enough. The evaluation should also establish whether the symptom pattern and examination findings are clinically consistent with the reported mechanism.

What Objective Evidence Could Support the Claim?

There is no single test that proves every concussion. A normal CT scan does not rule out concussion, and symptom questionnaires alone are vulnerable to challenge because they are necessarily subjective. The strongest documentation combines the patient’s history with a focused examination and appropriately selected objective measures.

In the hypothetical case, a provider performs a neurologic and cervical examination, assesses eye movements, visual tracking, convergence, balance, coordination, and vestibular provocation. The patient has symptom provocation with visual tracking tasks, reduced tolerance for convergence testing, and balance deficits under more demanding conditions. Cervical examination identifies restricted motion, muscle guarding, and tenderness consistent with acute post-traumatic cervical injury.

Computerized vision tracking and balance assessment may provide quantifiable data that can be compared with clinical symptoms and repeated over time. These tools do not replace clinical judgment, nor should they be presented as infallible. Their value is that they create measurable findings and allow the record to show whether deficits improve, remain stable, or worsen during treatment.

The provider should document results in plain clinical language. Instead of writing only "positive concussion testing," the report should identify the tested function, the observed deficit, whether testing provoked symptoms, and how those findings fit the patient’s complaints. If the patient develops headache and dizziness during eye-tracking assessment and demonstrates documented performance abnormalities, that relationship is more useful to a claim than a vague diagnostic label.

Why the neck findings matter

Post-concussion complaints and cervical injury frequently overlap. Headache, dizziness, visual discomfort, concentration difficulty, and nausea may have more than one contributing source. A complete evaluation should not assume every symptom comes from the brain, nor should it dismiss concussion-like complaints as simply whiplash.

In this example, the patient’s restricted cervical range of motion and post-traumatic neck pain may contribute to headache and dizziness. At the same time, visual and balance findings may support a vestibular or oculomotor component. The record should distinguish these domains while recognizing that they can coexist. That clinical nuance is often more credible than an all-or-nothing explanation.

Treatment Records Show More Than Attendance

A treatment plan should follow the documented impairments. Depending on findings and scope of practice, care may involve cervical injury management, graded activity guidance, vestibular or visual rehabilitation referral, co-management with primary care or neurology, and monitoring of symptom tolerance. The referral pathway matters. A provider who recognizes when symptoms require medical, neurologic, or emergency evaluation is protecting both the patient and the integrity of the record.

Every follow-up should state more than "patient feels better" or "continue treatment." In the hypothetical claim, the patient initially cannot complete a full workday on a dual-monitor setup without headache and dizziness. At two weeks, she can work four hours before symptoms increase. At six weeks, balance testing has improved, but she still develops headaches after prolonged screen exposure and driving at night. Those functional details establish the real-world impact of the injury.

Progress is not always linear. A symptom flare after increased work demands, poor sleep, or a long drive does not automatically indicate treatment failure or a new injury. It should be documented in context, along with examination findings and any modification to the care plan. Conversely, a record should not imply ongoing disability when objective findings, reported function, and clinical presentation show substantial recovery.

For attorneys, contemporaneous records are usually more persuasive than a retrospective narrative created after a demand is prepared. Prompt reports, consistent terminology, clear dates, and complete testing data reduce avoidable ambiguity. Cityside Chiropractic approaches accident evaluations with that medical-legal discipline, including objective assessment where clinically indicated and timely reporting for the legal file.

Weak Points That Can Undercut a Concussion Claim

The same hypothetical case becomes harder to support if the documentation is imprecise. A long delay before any complaint of dizziness or cognitive symptoms may require careful explanation. It may reflect delayed symptom recognition, a lack of early screening, or an unrelated event. The record should never manufacture certainty where the facts do not support it.

Four problems commonly weaken these cases:

  • The crash history is incomplete, with no description of impact direction, occupant position, immediate symptoms, or head movement.

  • The diagnosis appears without a focused examination, objective findings, differential considerations, or a discussion of relevant prior history.

  • Treatment notes repeat identical language and do not show changing symptoms, functional capacity, testing results, or clinical decision-making.

  • The provider fails to address inconsistencies, such as normal function in one setting and severe claimed impairment in another.

These issues do not necessarily mean a patient was uninjured. They do mean that opposing counsel, an insurer, or a fact finder has less reliable information to evaluate. A high-quality record acknowledges limitations. For example, if testing was not performed at the first visit, the report can state that fact and explain when the symptoms became apparent and when focused evaluation occurred.

Red flags require urgent medical evaluation

A personal injury claim should never take priority over safety. Worsening severe headache, repeated vomiting, seizure, fainting, increasing confusion, weakness, numbness, slurred speech, unequal pupils, unusual behavior, or inability to awaken normally require immediate emergency medical attention. These symptoms may indicate a more serious condition than uncomplicated concussion.

For less urgent but persistent symptoms, early evaluation still matters. Prompt assessment creates a clearer baseline, guides appropriate referral, and reduces the risk that meaningful deficits are dismissed as undocumented or unrelated weeks later.

The most useful concussion claim record is built one visit at a time: a precise crash history, a careful examination, objective measures when appropriate, honest recognition of uncertainty, and documented functional change. That process gives an injured person a clearer path to care and gives counsel a clinical foundation that can withstand serious review.

 
 
 

Comments


bottom of page