A severe blow to the head can result in a concussion and cause serious injury and lifelong trauma. During recovery, you might hear the term “mild” to describe your concussion. While medical staff might use this diagnostic terminology, there is nothing mild about a concussion. A concussion is a form of traumatic brain injury (TBI) with severe consequences for victims.
If you or someone you loved suffered a concussion, you will likely have mounting medical bills and ongoing medical treatment. If the injury was the cause of another person’s negligence, you should not have to suffer financial harm. However, you are unsure of what to do and where to turn. The good news is you have options.
You may be able to file a legal claim against the negligent party and obtain compensation for your losses. However, because these injuries are so complex, it can be difficult to prove liability and get the settlement you deserve.
The best thing to do in this situation is to hire a traumatic brain injury lawyer with experience handling brain injury claims. Brain injuries are mysterious and varying injuries, and insurance companies often challenge these claims. A concussion lawyer can build your case and stand up for your rights.
Common Causes of a Concussion
Not all head injuries can result in personal injury claims—only those caused by another person’s or party’s negligence. Some common accidents or incidents that can cause a concussion and result in a personal injury claim include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents/Premises Liability
- Bicycle accidents
If you or a loved one suffered a head injury after being in an accident, consult a concussion lawyer to see if you are eligible for compensation for your medical bills and other losses.
What is a concussion?
While cerebrospinal fluid protects the brain, it is not enough to prevent a traumatic brain injury. Your head is sensitive, and when you suffer a blow that causes your head to jolt sharply, your brain crashes against your skull. An example is during a car accident when there is a sudden deceleration, and the head moves abruptly. The brain will go in the opposite direction of the head, which causes bruising and other damage.
Many victims will lose consciousness. Symptoms of a concussion might immediately appear or creep up over the next hours or days. Some victims will suffer symptoms for a week, and others will face lifelong impairment. Concussions affect each victim differently.
When the brain hits a person’s skull during a car accident, there can be damage to the blood vessels and nerves.
While effects can vary widely, some symptoms you might suffer are:
- Ringing in the ears
- Forgetfulness
- Trouble sleeping
- Blurry vision
- Light sensitivity
- Headaches
- Memory loss
- Sensitivity to noise
- Confusion
- Nausea
Victims can suffer many other symptoms that are not on this list.
After a head injury, stay aware of your condition, as symptoms can delay appearing. It is best to err on the safe side and get a medical evaluation if you suffered head trauma or a violent jolt of your head in an accident.
Doctors often give patients a concussion rating. There are three grades that physicians will use. Do not think your concussion is not severe because you receive a lower rating, as this rating only considers immediate symptoms. Symptoms can worsen following a diagnosis.
The ratings are as follows:
- Grade 1 Mild: No loss of consciousness; symptoms might be short-term (but not always). Immediate symptoms include memory loss, confusion, headache, nausea, and dizziness. Most often result from sports accidents, minor car accidents, and at-home incidents.
- Grade 2 Moderate: Typically, temporary loss of consciousness and symptoms stay longer. Immediate symptoms are similar to grade 1 but will last longer.
- Grade 3 Severe: There is a loss of consciousness and sometimes coma, and symptoms stay for an extended time or are permanent. Symptoms include amnesia and problems with language and communication.
Once again, each concussion is different and does not fit neatly into a diagnostic chart. You should always assume any head injury is severe, as the effects of a “mild” concussion can linger much longer than you expect.
The grade of your concussion will affect your initial treatment plan, but it does not mean your injury is any less serious. It also does not mean you cannot get compensation for your medical needs and other losses. The scale applies to the initial impact and treatment, not the long-term condition.
Even if you hear you have a mild injury, always consult a concussion attorney about a possible case. Many concussion victims received compensation for their losses when someone else caused them.
Post-concussion syndrome
Someone with a concussion can have many long-term effects of a concussion, such as not processing the world around them like before. They might not speak or articulate needs the same way as they did before the accident. Even after the initial injury heals, there are many long-term symptoms they will need to monitor. In time, new symptoms can also develop, and many people experience a complication called post-concussion syndrome.
Post-concussion syndrome can substantially extend and worsen concussion symptoms. What doctors once called a “mild” injury can become severe and overwhelming. If you have post-concussion syndrome, you can experience physical, cognitive, and behavioral effects and impairments for years, and you deserve compensation for all of this.
The right concussion lawyer will know about the post-concussion syndrome and ensure you seek compensation for all your past and future losses.
How long is recovery from a concussion?
Victims of concussions and head trauma may wonder how long it will take to recover from a concussion. The answer is complex since the injury will affect individuals in different ways. Depending on your symptoms, your recovery will vary. Some people are back to normal after a few weeks or months, while others are never the same again.
Reducing the cognitive load for maximum recovery is essential to your recovery. Seeking help with your legal situation can be beneficial. Even if you do everything right, you can still experience lingering effects that alter your life.
Need a Lawyer?
Reach out to the Lucas, Macyszyn, and Dyer Law Firm team to begin your consultation. We pride ourselves on providing exceptional case results and giving you the peace of mind you deserve.
How do concussions occur?
Your brain controls the rest of your bodily functions, movements, thoughts, and communication. When the brain suffers an injury, it can have devastating consequences for the victim. Many people believe it will take an exceptional circumstance to cause a concussion or TBI, but any blunt force to the head can cause extreme damage.
The CDC says that most concussions and TBIs result from:
- Workplace accidents due to third-party negligence
- Violence
- Nursing home abuse
- Defective products
- Slip and falls or other premises accidents
- Traffic accidents
Many other incidents can cause brain injury. Always receive medical attention and care immediately after an accident. When there is a delay in treatment, the condition can worsen and affect your legal claim.
Concussion claims
The first step to filing a concussion claim is to prove the concussion resulting from the initial accident, and a prompt medical diagnosis is imperative to proving this. If you wait too long, insurance companies might allege the concussion did not stem from the accident.
Documentation is key to proving a concussion claim. The insurance company or defense attorney might try to have the accident victim’s medical documents reviewed by an independent physician. The physician will review the documents and find ways to devalue or deny the claim. An experienced concussion attorney can challenge any independent medical findings that weaken your claim.
Personal injury claims seek to recover damages the victim suffered, including pain and suffering, medical bills, and other losses. Many head injury victims must take time off from work, and some cannot return to everyday life the same way they had before. Monetary damage awards can help supplement these losses and cover all medical treatment bills now and in the future.
Having a concussion lawyer handling your claim means having an advocate who will fight against the insurance company and its tactics to ensure you get a fair settlement for your claim. The insurance company will often not play fair and try to lower or deny your claim altogether.
Damages for a concussion injury
You can seek damages for a concussion by filing a personal injury claim against the party that caused your injury. This party and its insurance company should compensate you for all your concussion-related losses, which can be surprisingly extensive.
When you prove a concussion case, you can get damages for the following:
- Medical treatments
- Ongoing medical care
- Lost wages
- Loss of future earning potential
- Other expenses like caregivers, medications, and home modifications
- Loss of enjoyment of life
- Loss of relationships or consortium
The biggest hurdle in these cases is that insurance companies regularly underestimate the impact of a concussion. Insurers conveniently categorize concussions as mild injuries, regardless of how it affects the victim or their family. The adjuster will allege the injury was not that serious, so it doesn’t warrant the compensation you demand for your losses.
You need a concussion lawyer who knows how to handle traumatic brain injury claims and get results. The right attorney will know the potential effects of concussions and how to express these losses to the insurance company. In some situations, concussion cases proceed to litigation because insurers refuse to make fair offers. If you have an experienced litigator handling your claim, the insurance adjuster will know the real threat of a lawsuit. This can often result in a fair settlement offer.
What determines your compensation for a concussion?
When determining compensation for any personal injury claim, settlement amounts will range from case to case because injuries affect victims differently. Even parties in the same accident can suffer different injuries.
Other factors in compensation determinations include:
- Injury severity and potential for permanence
- Future care and the ability to earn a living
- Age, earning capacity, household, and employment
- Insurance policy limits
- Lifestyle and hobbies
- Evidence to prove economic and non-economic damages
- The judge and jury
- Your lawyer
To win your concussion lawsuit, you need the right attorney on your team to build a solid case and secure the compensation you need for your future losses. The right lawyer can look at every avenue of compensation and what will determine the amount you can receive.
Liability in concussion claims
Once you prove that the concussion resulted from an accident, the next step to getting compensation is proving liability. The person who was negligent and was the cause of the accident is the party who must pay for your damages. Suppose an aggressive driver makes a reckless action on the road, like cutting you off, which causes a crash. If the incident causes you injury, the aggressive driver will be the liable party. The more parties in the incident, the more complex the liability can be.
Even when liability is clear, there are many tactics the other party can employ to lower your payment. Additionally, the insurance company for the liable party will try to shift the blame onto you and say you were the cause of the accident or try to minimize your injury.
When you have a concussion lawyer, they will ensure the insurance company does not shift the blame. They will investigate to gather evidence of who the liable party is. With the right lawyer, the other party cannot deny you the justice you deserve.
You can file a personal injury lawsuit
When you suffer an injury due to the negligence of another party, you may be eligible to seek compensation through a personal injury claim or lawsuit. Concussion lawsuits are challenging but not impossible.
You will need a concussion lawyer to:
- Determine negligence
- Offer legal advice
- File paperwork
- Accident reconstruction
- Conduct an independent investigation
- Ensure you get medical care
- Negotiate with insurance companies
If you suffer a concussion or other brain injury, you need to contact a concussion injury lawyer near you for a case evaluation. Work with a lawyer with experience winning these cases and getting the maximum compensation for your claim.
