How Headaches Affect a Louisiana Car Accident Claim


A headache after a crash raises two different questions: does it need urgent medical attention, and what is causing it? Neither the amount of vehicle damage nor an insurance adjuster’s opinion answers those questions. Start with a medical assessment. A lawyer can address the claim while your clinicians investigate the symptoms.

When to go to the emergency department

Call 911 or seek emergency care immediately for a headache that worsens and does not go away, repeated vomiting, a seizure, new weakness or numbness, slurred speech, increasing confusion, unequal pupils, or difficulty waking the injured person. These are among the CDC’s danger signs after a head injury. Do not wait for an insurance response or a legal consultation.

If you have already been examined, follow your discharge instructions and return precautions. An earlier examination does not mean that new or worsening symptoms should be ignored. For a headache without emergency signs, contact a healthcare professional promptly and describe the collision and what you are experiencing.






A headache appearing after a collision does not by itself establish that another driver legally owes damages. The claim still requires proof of responsibility for the collision, the connection between the event and the injury, and the resulting losses. Prior medical records may help distinguish an existing headache pattern from a new or aggravated problem.

What changed from your earlier headache pattern?

Compare the actual baseline with the new onset, frequency or symptoms, including improvement. A prior migraine history belongs in the review.

Which work or daily tasks changed?

Keep specific examples and dated restrictions. A diary helps explain the experience but does not establish causation by itself.

What does the insurer dispute?

Identify whether the disagreement concerns fault, causation, medical need, duration or a particular loss. Each question needs its own evidence.

Keep the records already available: discharge instructions, referrals, bills, work restrictions and correspondence about missed time. Crash photographs and witness information answer a different question, how the collision occurred. Our crash-documentation guide explains how to organize those materials without guessing about facts.

Louisiana’s general two-year tort period under Civil Code article 3493.1 applies to actions arising after July 1, 2024, subject to applicable exceptions. Older incidents and special claims require separate analysis. Do not assume that waiting for a diagnosis suspends a deadline.

Fault also affects recovery. Under article 2323 as amended effective January 1, 2026, a claimant’s negligence below 51 percent proportionally reduces recovery; negligence of 51 percent or more bars recovery when that rule applies. The applicable version of the law must be checked against the claim’s circumstances. Paragraph C retains a separate rule when the injured person’s negligence combines with an intentional tortfeasor’s fault.

If headaches are affecting your life after a Louisiana collision, our brain-injury practice can evaluate the legal questions and available records.

The Babcock Benefit explains our approach. As trial lawyers, we prepare supported injury claims for disputed insurer evaluations and trial when necessary, and can handle insurer communications while you focus on care. Our client reviews describe clients’ experiences working with the firm.

For a free case review, call (225) 500-5000 or use the free case review form. Diagnosis and treatment remain with your healthcare team. You can also contact us to arrange a conversation. Check our office locations when arranging a meeting.


A medical assessment explains the headache

A concussion can follow a head or body jolt without a direct head strike. A neck injury, previous headache disorder or another condition may also matter. A normal CT does not rule out every concussion; its meaning depends on what the clinician investigated. Our guide to whether a headache could be a concussion explains the medical question, with background from the CDC.

Report prior headaches, migraines, neck problems and medications accurately. Follow the clinician’s interpretation of tests and return precautions; do not describe a scan as showing an injury it did not show.

Describe the headache rather than trying to prove it

A short record can make follow-up appointments more useful. Note when the headache occurs, how long it lasts, what you were doing, and whether it interferes with sleep, reading, driving or work. Include improvement and symptom-free periods. If you do not remember an exact onset time, say that instead of assigning one later.

Some concussion symptoms may emerge hours or days after an injury. If you felt well at the scene and developed a headache later, report that sequence honestly. Our article on delayed symptoms after a collision addresses that timing problem more broadly.

Ask your treating professional what activities are safe and when you should return. The CDC’s recovery guidance recommends individualized instructions for work, school and driving, and contacting the provider if symptoms persist or worsen. Treatment should follow medical need, not a schedule designed to increase a settlement.