I can’t remember the details of my car accident: how might this affect my claim?

Car Accident - June 25, 2025 by Horwitz, Horwitz & Associates

If you can’t remember the details of a car accident, you are not alone. The trauma of the car accident may make it difficult to recall the events clearly. While this may make your case more challenging, it’s still possible to recover compensation for your losses with the help of an Aurora car accident lawyer. Horwitz, Horwitz & Associates ensures you have the opportunity to recover what you have lost.

Can’t remember details of car accident

Memory loss after a car accident

Memory loss can occur after an accident due to a head injury or traumatic brain injury (TBI). It may also be the brain’s way of coping with the trauma it experienced. As a result, it can be difficult to accurately recall what occurred during a car accident. Some common types of post-traumatic amnesia that car crash victims may sustain include:

  • Retrograde amnesia: The condition where you lose your ability to recall events and past memories.
  • Anterograde amnesia: The condition where you can access past memories but cannot form new ones.
  • Dissociative amnesia: The psychological condition where you cannot remember traumatic events as a coping mechanism.

If you have suffered from one of these conditions after an accident, you must immediately seek medical attention. Doctors can help minimize the physical damage and assess your prognosis. Be sure to speak with someone you trust during this time and discuss effective ways of living with this condition if necessary.

Legal challenges associated with resolving claims with limited memory

Unfortunately, a loss of memory can make it difficult to get a clear picture of events to determine fault in an accident. Without an accurate statement, it can threaten the reliability of your claim, the events that transpired, and liability factors.

Additionally, the insurance company may take advantage of your memory loss after a car accident. They may try to put undue blame on you, offer you a lowball settlement, or deny your claim. They may also scrutinize the validity of your claim more closely. It’s essential to have a trusted attorney who has your best interests at heart and will advocate for you when the insurance company is treating you unfairly.

Evidence that can be used to support your case

Even though you are experiencing memory loss, a personal injury lawyer can help you build your case based on available evidence. With their resources, they can access evidence such as surveillance footage from the area of the accident, obtain witness statements, and secure expert testimonies as needed. Your car accident attorney can also help you identify, gather, and review other forms of evidence that can help support your case, like dash cam footage.

To begin, you can review the police report of the accident and any recorded witness statements to aid in recalling the events. Make sure to save all medical records from your treatment after the accident. You should also keep copies of your medical bills, car repair estimates, and any other documents related to your injuries or the crash. These can all help support your case.

Compensation you can receive for your losses

While it may take longer to resolve, a car accident lawyer can still help you recover compensation to cover the various expenses and losses you sustained. They will fight to ensure you receive a fair settlement and will negotiate the maximum amount on your behalf.

Given the various losses you have suffered, you are likely to be able to recover financial losses as well as pain and suffering. Some common damages you can recover through an accident settlement may include:

  • Emergency medical services, rehabilitation, ongoing treatment, equipment, accommodations, and medication
  • Lost income or earning capacity if your ability to work has been affected
  • Damage to your vehicle
  • Pain and suffering
  • Emotional distress and a lack of enjoyment
  • Decreased quality of life
  • Psychological trauma
  • Loss of companionship or consortium

Your lawyer will help you determine the value of your case so they can effectively negotiate a settlement on your behalf. Every case is different, and they will ensure that all the losses specific to your case are accounted for in your claim.

File your claim before the statute of limitations expires

Illinois places a two-year statute of limitations on legal action taken after a car accident. All claims filed after this point are prohibited, so it’s important to act promptly. It’s even more important to avoid delays in starting your claim, given the additional time required to resolve claims involving memory loss.

Horwitz, Horwitz & Associates protects you and gets results

Horwitz, Horwitz & Associates has been helping clients secure the compensation they deserve for over 100 years. When you cannot remember the details of your accident, we go to work for you to investigate the accident and collect as much evidence as possible. We also protect your rights and your case so you are not taken advantage of during this time.

You don’t have to figure this out alone. Contact us today to schedule a free consultation or call our firm at (800) 985-1819.