Car accidents can result in serious injuries that change lives in an instant. Among the most concerning complications that may arise after a collision are seizures, which are often the result of a brain injury and may develop long after the initial trauma. When a victim develops epilepsy after a car accident caused by another driver’s negligence, the physical, emotional, and financial toll can be overwhelming.
Victims who develop seizures after a car crash can seek compensation from the at-fault party under California personal injury law. However, the insurance company handling the claim may dispute that the collision was the cause of the injury. If you or a loved one is experiencing seizures following a crash, a skilled car accident lawyer can help you understand your legal options.
What Causes Seizures After a Car Accident?
Seizures after motor vehicle collisions usually occur as a complication of a traumatic brain injury. During a crash, the head may strike the steering wheel, dashboard, window, or other hard surfaces, causing severe head trauma, hemorrhaging, or damage to delicate brain tissues and nerves.
Two seizure conditions can develop after head trauma:
- Post-traumatic seizures are isolated events occurring after a brain injury.
- Post-traumatic epilepsy involves recurring seizures throughout life.
Both conditions can impact an accident victim’s ability to work, drive, and maintain their overall quality of life. The type and location of brain trauma influence seizure risk. Penetrating injuries — where an object pierces the skull and enters the brain directly — have the highest risk, but closed head injuries causing internal bleeding or bruising can also trigger seizures.
Do You Have the Right to File a Car Accident Lawsuit?
California law lets auto accident victims pursue compensation when another party’s carelessness causes them harm. Seizures that develop after a car accident could be a compensable injury, especially if you suffered a head injury in the collision.
Victims can seek damages for seizures by showing the at-fault driver acted negligently — for example, by drunk driving — and that their actions directly caused the accident and the resulting injuries.
Evidence like police reports, witness statements, medical records, and accident reconstruction can establish liability. Documentation linking the collision, brain injury, and onset of a seizure disorder strengthens the car accident claim.
Can You Recover Compensation for Post-Accident Seizures?
Victims who develop seizures after car accidents caused by negligence may obtain compensation for a wide range of losses.
- Economic damages cover measurable financial losses, including past and future medical expenses to treat seizures, such as medications, medical devices, and ongoing neurological care. Lost wages and reduced earning capacity also qualify, as victims may be prevented from working if doctors are unable to control seizures with available treatment methods.
- Non-economic damages address intangible losses, including physical pain, emotional distress, loss of enjoyment of life, and the psychological impact of chronic seizures. California generally does not cap non-economic damages, allowing juries to award amounts that fairly reflect the victim’s suffering and life impact.
What If the At-Fault Driver Has Epilepsy?
Liability becomes complex when a driver with a known seizure disorder causes an accident. California law requires individuals with lapse-of-consciousness disorders like epilepsy to report them to the Department of Motor Vehicles.
The DMV may place a driver with controlled epilepsy on medical probation that allows them to continue driving by demonstrating that they have not experienced a seizure for at least three months. Doctors must complete evaluation forms certifying the person’s fitness for driving on a prescribed basis. Drivers who have six or more months of seizure control with no aggravating medical conditions can be removed from probation after six months.
Drivers who lie, withhold information from their physician or the DMV, or fail to meet probationary requirements, may face increased civil liability for car accidents. In rare cases, physicians who knowingly cleared drivers with an uncontrolled seizure condition may also bear responsibility for an accident if the evidence shows they deliberately concealed the truth.
Get Legal Assistance From Our Car Accident Attorneys
If you developed seizures after a car accident or were hit by a driver who had a seizure behind the wheel, you could be entitled to financial compensation. The top-rated Sacramento car accident attorneys at Demas Law Group can discuss your legal options in a free case evaluation. Contact us today to arrange a free consultation.