Olfactory loss head injury lawyer

Loss of the sense of smell after a head injury is one of the most under-reported and under-valued consequences of trauma. People do not think to mention it, clinicians do not routinely ask, and it is frequently discovered months later. Its effects are real: on eating and nutrition, on the enjoyment of ordinary life, on certain occupations, and on safety, because a person who cannot smell cannot detect smoke, gas or spoiled food. Law Offices Of SRIS, P.C. handles head injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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How the injury occurs and what documents it

The olfactory nerve fibres pass from the nasal cavity through a thin perforated plate of bone at the base of the skull. Rapid movement of the brain relative to the skull can shear those fibres, and a fracture of the skull base can sever them directly. Imaging may show a relevant fracture or damage to the olfactory structures, but frequently shows nothing. What documents the loss is formal olfactory testing using standardised, validated instruments that measure identification and threshold — objective measurement rather than a report that food tastes different.

Why this meets the legal threshold

Formal olfactory testing produces an objective, quantified finding, which is precisely what a threshold requirement asks for. That makes documented anosmia one of the more readily provable consequences of head trauma once anyone thinks to test for it. The related loss of flavour perception — most of what people experience as taste depends on smell — should be documented alongside it.

Prognosis and management

Some recovery can occur in the months after injury, particularly where fibres were stretched rather than severed, but loss persisting beyond the first year is frequently permanent. Olfactory training is used in some cases. Where the loss is permanent, management is largely about safety and adaptation: smoke and gas detectors, care with food dates, and attention to nutrition, since loss of flavour commonly leads to reduced appetite or to over-seasoning and weight change.

How carriers attack this claim

By pointing to the absence of any complaint in the early records — which is the norm rather than the exception, since nobody asks. By attributing the loss to sinus disease, allergy, nasal polyps, smoking, viral illness or age. By characterizing it as subjective and unverifiable, an argument that formal testing answers directly. And by treating it as a minor inconvenience, which is answered by evidence of its actual effect on eating, on occupation and on safety.

Proving the accident caused it

Obtain formal olfactory testing rather than relying on self-report. Establish the mechanism, particularly any frontal or occipital impact, and any skull base fracture. Address the alternative explanations directly with an ear, nose and throat assessment excluding sinonasal causes. Document the timeline — that the loss was noticed after the injury — through family members and through any contemporaneous mention. And document the functional consequences specifically: the occupation affected, the weight change, the safety incidents.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

Can a head injury really cause loss of smell?

Yes, and it is a recognized consequence. The nerve fibres carrying smell pass through a thin plate of bone at the skull base and can be sheared by rapid movement of the brain within the skull or severed by a fracture. It can occur after impacts to the front or the back of the head.

I did not mention it at the hospital. Does that hurt my claim?

It is common and expected. Emergency care is directed at urgent problems, nobody routinely asks about smell, and people preoccupied with pain and other injuries do not notice or report it. Late recognition is characteriztic of this injury. What matters is documenting it properly once identified, and establishing through family or contemporaneous references when it was first noticed.

How is loss of smell proven?

Through formal olfactory testing using standardised, validated instruments that measure the ability to identify odours and detect them at defined thresholds. This produces an objective, quantified result rather than a self-report, which is what makes it useful evidence. Testing should be arranged through an appropriate clinician.

Will it come back?

Some recovery is possible in the first months, particularly where fibres were stretched rather than severed. Loss persisting beyond a year is frequently permanent. Because a settlement is final, the claim generally should not resolve before a treating clinician can express an opinion on whether the loss is permanent.

Why does it affect my sense of taste?

Because most of what people describe as taste is actually flavour, which depends heavily on smell. The tongue detects a limited set of basic tastes; the complexity of food comes from aroma. This is why people with olfactory loss commonly report that food is bland, and why appetite and weight are frequently affected.

Is this a safety issue?

Yes, and it should be documented as one. A person who cannot smell cannot detect smoke, a gas leak, or food that has spoiled. That warrants practical measures — working smoke and gas detectors, care with food storage and dates — and it is a real component of the loss rather than an abstract one.

Does it affect my work?

It can end certain careers entirely — cooking, wine and food work, perfumery, and some roles in laboratory, industrial and safety settings where detecting a smell is part of the job. Where an occupation is affected, that is loss of earning capacity and requires vocational evidence.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules. Because this loss is often recognized late, the deadline should be confirmed on your facts promptly rather than assumed to run from the date of recognition.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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