Can memory problems, irritability, or blackouts after a crash be included as part of an injury claim? – North Carolina

Short Answer

Yes. In North Carolina, symptoms like memory problems, irritability, and blackouts (including a possible loss of consciousness) can be part of an injury claim if the evidence shows they were caused by the crash and they affected daily life, work, or required medical care.

The key issues are proof and causation—especially when medical treatment was delayed or there was another later crash that could also explain the symptoms.

Understanding the Problem

In a North Carolina crash case, can a passenger include post-crash cognitive or mood symptoms—such as memory problems, increased irritability, or blackouts—as part of the injuries claimed, especially when there was no immediate medical visit and there may have been another later collision?

Apply the Law

North Carolina injury claims generally allow compensation for harm caused by another party’s negligence. That can include physical injuries and related symptoms that affect thinking, mood, and functioning. For symptoms like memory problems, irritability, and blackouts, the controlling legal question is usually whether the crash more likely than not caused (or worsened) the condition and whether the symptoms are supported by medical documentation and other evidence.

These claims are typically handled through an insurance claim first, and if needed, a lawsuit filed in the North Carolina county where the crash happened or where a defendant resides. Timing matters because most negligence-based personal injury claims have a three-year statute of limitations.

Key Requirements

Medical causation: The symptoms must be tied to the crash, not just reported after it. Medical records, diagnostic impressions, and consistent symptom history help show the connection.
Documentation and consistency: The claim is stronger when symptoms are reported early and consistently to medical providers, and when the history accounts for other events (like a later crash).
Damages (real-world impact): Evidence should show how the symptoms changed daily functioning—work performance, concentration, relationships, sleep, driving, or the need for treatment and monitoring.

What the Statutes Say

N.C. Gen. Stat. § 1-52 (Three years) – Sets a three-year limitations period for many negligence-based injury claims, including claims for “injury to the person.”
N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) – Places the burden on the party asserting contributory negligence as a defense.

Analysis

Apply the Rule to the Facts: The reported symptoms (memory problems, irritability, and possible loss of consciousness) can be claimed as part of the injury if the evidence supports that they started after the passenger-side impact and are medically consistent with a head injury or similar trauma. The delayed medical treatment does not automatically prevent recovery, but it often becomes a major dispute point about whether the crash caused the symptoms or whether something else did. The separate later crash—especially without a police report—creates an additional causation issue, so the claim usually needs careful documentation showing when symptoms began, whether they changed after the later event, and what providers concluded about the likely cause.

Process & Timing

Who files: The injured passenger (or a legal representative if needed). Where: Usually an insurance claim first; if a lawsuit is necessary, it is typically filed in the North Carolina county court with proper venue. What: A claim supported by medical records, symptom history, and crash documentation. When: Often best to start promptly; if a lawsuit is needed, it generally must be filed within three years under North Carolina’s limitations rules for personal injury.
Proof building: Providers’ notes matter. Reporting blackouts, confusion, memory changes, and irritability to a doctor (and following through on referrals) helps connect the dots between the crash and the symptoms, especially when treatment did not start immediately.
Resolution: The claim may resolve by settlement if the insurer accepts causation and the extent of harm. If disputed, the case may proceed through litigation where medical testimony and records often become central.

Exceptions & Pitfalls

Delayed treatment gaps: Waiting to seek care can give an insurer room to argue the symptoms came from something else. A clear timeline (when symptoms started, how they progressed, and why care was delayed) can reduce that risk.
Later crash and “alternative cause” arguments: A second collision can complicate causation. The claim often needs records that separate what existed before the later crash from what changed after it.
Incomplete history to providers: Not telling medical providers about blackouts, loss of consciousness, or later incidents can undermine credibility and causation. Consistent reporting is critical.
Contributory negligence disputes: North Carolina recognizes contributory negligence as a defense in many negligence cases. While a passenger is often not at fault, insurers sometimes still raise defenses (for example, seatbelt or impairment allegations depending on the facts). The defense must be proven by the party asserting it. See N.C. Gen. Stat. § 1-139.

Conclusion

In North Carolina, memory problems, irritability, and blackouts after a crash can be included in an injury claim when the evidence shows the crash caused or worsened those symptoms and they had a real impact on functioning. Delayed treatment and a later separate crash can make causation harder to prove, so the next step is to document a clear symptom timeline and obtain medical evaluation that addresses loss of consciousness and cognitive changes. If a lawsuit becomes necessary, it generally must be filed within three years.

Talk to a Wrongful Death Attorney

If a crash led to ongoing memory problems, irritability, or blackouts and there are questions about delayed treatment or a later incident, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.