When you have been in a car accident, you may think the worst has happened, especially if you suffer any injuries. However, something worse might happen: you might lose your memory. While amnesia after a car wreck is not common, it does happen. When it does, you can include it in your claim for damages. Of course, if you are struggling with your memory, dealing with a car accident claim is unlikely to be a priority. Delaying the claim is not a good idea, as you may run out of time to file it. An experienced Missouri car accident attorney with Steelman Gaunt Crowley may be able to assist you by taking the lead in pursuing the compensation you deserve under the law. If you or a loved one has suffered memory loss after a car accident, call (573) 341-8336 to schedule a consultation and learn more about how memory loss may impact the accident claim.
Types of Amnesia
For many people, the word amnesia brings to mind the idea of a person who has lost all memories. They cannot remember anything from their life before the memory loss, including their name or anything about their identity. While this can happen, it is extremely rare. However, there are several types of amnesia, each affecting the individual slightly differently.
Global Transient Amnesia
Global transient amnesia is a temporary and sudden form of amnesia that can include both retrograde and anterograde amnesia. This form of memory loss typically resolves within 24 hours, with the individual regaining their memory. They often have complete memory recovery, except for a possible gap in recalling the memory loss event itself. While the Mayo Clinic indicates that the cause is generally unknown, this type of amnesia is unlikely to be the kind an individual deals with after a car wreck.
Retrograde Amnesia
Retrograde amnesia occurs when the individual has trouble remembering events before the car accident. They may forget dates, major life events, their name, and the identities of family or friends. This form of memory loss can be temporary or permanent, and if it is permanent, it may also be progressive, meaning that as time goes on, more memories may be lost. However, most people experience the loss of more recent memories, rather than older, more consolidated memories.
Anterograde Amnesia
Anterograde amnesia is the most common memory loss after a car wreck. In this kind of memory loss, the individual retains all their memories from before the accident, but cannot form new memories. In addition, they may lack focus, feel confused, and forget what they are doing or were supposed to do. They may struggle to learn new skills or information, forget people they have recently met or events that have recently happened, forget phone numbers, or struggle with remembering recent conversations. Like retrograde, anterograde amnesia may be temporary or permanent.
Post-Traumatic Amnesia
Post-traumatic amnesia is when the individual cannot remember what happened immediately after the incident. Most of the time, this is not a total loss of memory and only relates to the events during and after a car wreck. Many people who have suffered this form of memory loss describe it as “blacking out.” While other memories are unaffected and the individual can still form new memories, they may or may not recover the memories of the accident and injury that caused the memory loss.
Dissociative Amnesia
Dissociative amnesia is typically brief, with the lost memories being restored relatively quickly. However, this type of memory loss can be localized to a specific event (such as the car accident itself), or it can be generalized and cause the person to lose their entire life history. What makes this amnesia unique is that the individual loses personal memories and information regarding their life, but does not necessarily lose memories of things like current events or events that happen to people around them. While this kind of amnesia can occur after a car wreck, as it is associated with traumatic or stressful experiences, it is more commonly seen in situations such as abuse or natural disasters.
Causes of Amnesia After a Car Wreck
While there are many causes of amnesia, when it happens after a car wreck, there are usually two common causes. The first cause is a traumatic brain injury (TBI). The Mayo Clinic explains that the impact of the collision can damage the brain structures that make up the limbic system, which controls memories, including the thalamus and the hippocampal formations in the brain’s temporal lobes. Mild head injuries typically result in more temporary, short-term amnesia, but more severe head injuries may result in permanent memory loss.
Psychological trauma is another common cause of amnesia after a car wreck. Severe emotional distress from the accident can cause memory loss. Specifically, it can result in dissociative amnesia.
Amnesia Symptoms
Amnesia is known as memory loss, but it can be far more complex than that. Some of the symptoms of amnesia can also be symptoms of mild cognitive impairment and dementia. This is why it is critical to seek medical treatment for what appears to be amnesia after a car wreck.
Symptoms of amnesia include:
- Difficulty retaining new information
- Trouble remembering past events and previously familiar information
- Repeating questions or statements
- Confusion or disorientation
- Difficulty concentrating
- Gaps in memory
- Headaches
- Nausea
- Sensitivity to light
- False memories that are either completely invented or are real but misplaced in time
The first six symptoms are also common in dementia or mild cognitive impairment, while headaches, nausea and sensitivity to light can all be indications of a TBI. Therefore, individuals who are experiencing these symptoms or notice their loved one is experiencing them after a car wreck should schedule a doctor’s appointment as soon as possible or go to an urgent care or emergency room to confirm what is happening.
Diagnosis and Treatment of Amnesia After a Car Wreck
The typical advice to seek medical treatment immediately after a car wreck applies when amnesia is a concern. Even if the individual has already sought medical treatment and been released, if memory loss persists or worsens, they should seek more medical attention, particularly if they also have headaches or dizziness.
Diagnosing Amnesia
Amnesia after a car wreck is often diagnosed beginning with a medical evaluation that includes a detailed medical history. Because the individual is struggling with their memory, it is strongly recommended that a family member, friend, or other caregiver who is familiar with their medical history accompany them to assist with this information. The doctor will then likely perform a physical exam. This may include a neurological exam to check the individual’s reflexes, balance, and sensory function.
The doctor will also perform a variety of cognitive tests, all related to judgment, thinking, and the individual’s recent and long-term memory. They may ask about general information, such as the name of the current president or current events, as well as personal information and past personal events, such as wedding anniversaries, the births of children, or their childhood address. The individual may also be given a list of words that they will then be asked to repeat later in the visit. An electroencephalogram (EEG) may be done to check for seizure activity, while blood tests may check for infections or nutritional deficiencies and imaging tests may check for brain damage or shrinkage
Treating Amnesia
Unlike broken bones that can be surgically repaired or set with a cast, or lacerations that can be sutured, and given specific time frames in which the injuries should be healed, amnesia does not have a simple treatment or a definite recovery time frame. The recovery time varies depending on the cause and severity of the memory loss, the type of amnesia, the treatments used and the individual’s response to those treatments, the support the individual receives, their lifestyle choices, age, and overall health.
Treatment options that can assist in recovery from amnesia after a car wreck include occupational therapy, cognitive rehabilitation programs, medication, and psychological care. The exact treatments, how often the individual will receive them, and other details will be determined by the individual’s doctor based on the individual’s circumstances.
Missouri Legal Considerations Regarding Amnesia and Car Accidents
Amnesia after a car wreck complicates matters greatly. In most car accidents, the individual is able to testify about what happened, including their perspective that the other driver was at fault and why they believe that. However, amnesia may take away those memories, making that testimony impossible. Even if the individual does remember the events of the accident, the other driver’s insurance company or attorney may argue that the individual’s amnesia makes their testimony unreliable. This means that there are several legal considerations that must be taken into account when moving forward with a claim. At Steelman Gaunt Crowley, one of our knowledgeable car accident attorneys may be able to explore these and other legal concerns with you.
Compensation and Damages
As with any car accident, individuals may file a claim with the other driver’s insurance company or file a lawsuit against the other driver. While memory loss is not a physical injury, it may still be compensable, particularly if it is caused by a TBI. A TBI is a physical injury, so there will be clear evidence of it, while the memory loss itself is more difficult to prove. However, even if the amnesia is the result of extreme emotional distress, it may still be compensable. Individuals may be eligible for medical expenses, lost wages, and pain and suffering, as well as other damages.
Evidence Is Essential
Because the individual’s memory is unreliable and they may or may not recall the accident itself, other evidence will be essential in cases where there is amnesia after a car wreck. The testimony of other witnesses, photos and videos of the accident scene and the damage to the vehicles, and any police reports and tickets written related to the accident will all help prove liability. Footage from dash cams, traffic cameras, nearby security or doorbell cameras, or any other cameras may also help show what happened.
An Attorney May Be Necessary
Missouri law does not require individuals to have an attorney when they file a car accident claim. However, attorneys can assist with navigating the legal process, gathering evidence, and pursuing a fair settlement. In cases with amnesia after a car wreck, an attorney can relieve the pressure of deadlines, remembering paperwork or evidence, and other details related to the claim so that the individual can focus their attention and energy on healing. Allowing an attorney to handle these matters can also ensure that the claim continues moving forward and is not denied or barred because of a missed deadline or missing paperwork or evidence.
Missouri’s Statute of Limitations Is Already Ticking
RSMo § 516.120 provides individuals with five years to file their claim. Once the statute of limitations expires, the claim will be barred and the individual will not be able to recover damages. Memory loss can be temporary or permanent, and individuals may be tempted to try to wait and see if their memory returns. However, the longer they wait to file the claim, the more other people’s memories of the accident will fade, and they risk running out of time by waiting.
When an individual’s memory has not yet returned, there are options for compensation that can account for continued treatment and for the potential permanent amnesia. The sooner they file a claim, the better the chances of finding witnesses and other evidence and being able to build a stronger case.
FAQ
Q: Can a car accident cause memory loss or amnesia?
Yes. A car accident can cause memory loss, especially if there’s a head injury, traumatic brain injury (TBI), or severe emotional trauma. Memory loss may appear immediately or days/weeks after the accident.
Q: What kinds of amnesia or memory loss can result from a wreck?
- Post-Traumatic Amnesia (PTA): Temporary memory loss of events during or immediately after the crash.
- Anterograde Amnesia: Difficulty forming new memories after the accident.
- Retrograde Amnesia: Loss of memories from before the accident, sometimes hours or days prior.
- Memory problems may be short-term or, in severe cases, long-lasting.
Q: What symptoms indicate memory loss after a crash?
- Trouble remembering new information or recent events
- Forgetting what happened before or during the accident
- Repeating questions or forgetting recent conversations
- Confusion, disorientation, difficulty concentrating
- Headaches, dizziness, sensitivity to light, nausea
Q: How is memory loss diagnosed and treated?
- Seek immediate medical evaluation and describe all symptoms.
- Doctors may perform neurological exams, memory/cognitive tests, and imaging if needed.
- Treatment depends on severity and may include cognitive therapy, brain rehabilitation, and rest. Recovery can be partial or full, depending on the injury.
Q: Can memory loss affect a legal claim?
Yes. Memory loss can make it harder to recall details about the accident. Other evidence becomes important: witness statements, photos, police reports, and medical records. Memory loss itself may also be part of the injury and damages.
Q: What should I do if I experience memory loss after a car accident?
- Seek prompt medical attention.
- Keep detailed records of medical visits, treatment, and symptoms.
- Document the accident scene, including photos, police reports, and witness information.
- Avoid giving statements to insurance or the other party before a medical evaluation.
- Consider consulting an attorney if the accident was someone else’s fault to protect your rights.
How a Missouri Car Accident Attorney Can Assist You
Amnesia after a car wreck can complicate filing an accident claim. With an unreliable memory and possibly missing memories of the accident itself, other evidence will be even more important. An experienced Missouri car accident attorney with Steelman Gaunt Crowley may be able to assist with gathering evidence, finding witnesses, tracking deadlines, completing and filing paperwork, and preparing the individual for what will be happening next. Call (573) 341-8336 to book a complimentary consultation and learn more about your legal rights and options if you or a loved one has suffered memory loss as the result of a car accident.