Can I Sue For A Concussion?

When someone’s head receives a significant blow that causes a concussion, they may wonder if they have a legal remedy for the incident. If another’s negligence caused the concussion, it is possible to sue for a concussion and receive compensation for damages caused by the event.

What is a Concussion?

A concussion is considered a TBI – a Traumatic Brain Injury. A TBI is the result of some jolt or blow to the head (or even a body blow) that causes the brain to move inside the skull, creating chemical modifications that damage the cells in the brain. Ultimately, a TBI alters one’s mental state. 

In 2020, there were more than 64,000 Traumatic Brain Injuries deaths in the United States.

Concussions can be mild or life-threatening. Mild concussions are temporary and tend to last for about fifteen minutes.  Severe concussions have much more serious consequences that include permanent damage to the brain, with great potential to create the need for a lifetime of care. 

A concussion lawsuit is a legal tool that provides compensation to the injured person –

• To cover required medical expenses.
• To provide restitution for –
  • Pain & suffering 
  • Loss of quality of life that victims and their families must endure. 

However, personal injury law can be complex. And insurance companies will make every attempt to pay you, the injured individual, the lowest settlement amount possible. As a result, a consultation with an experienced attorney is needed if you to receive the compensation you deserve.

Determining if You Have a Lawsuit for a Concussion

If someone’s negligence causes a concussion, the injured person has the legal right to sue for a concussion on the negligent party for compensation related to the losses caused by the event. 

Concussions are commonly recognized as “mild” brain injuries. This is because common concussions are not generally life-threatening or permanent.

Severe concussions can be devastating, causing life-changing, long-term consequences that include, in part –

• Reimbursement for current & future medical expenses. 
• Pain & suffering. 
• Lost wages due to the injured party’s inability to work after the incident. 

Because of this, a serious concussion impacts the victim and their family. 

How Does a Concussion Happen?

The human brain is an astoundingly complex organ. The brain can simultaneously control thought and movement – while maintaining a body in a homeostatic state. However, the soft tissue in the brain is delicate and vulnerable to injury or trauma. The skull and several membrane layers protect and cushion the brain but cannot protect against violent movements within the skull caused by a significant blow to the head or body. 

Brain injuries like a concussion are commonly caused by accident. An accident involving the brain causes it to swell and fill with fluid. The skull prevents the swelling brain from expanding, ultimately creating tremendous pressure within. The pressure prevents blood from reaching brain cells, causing more damage. 

The impact of a concussion may include – 

• The loss of the use of motor skills.
• Balance issues, including dizziness.
• Communication, language, speech problems.
• The loss of cognitive ability, including the reduced ability to remember, think clearly, and reason appropriately.
• Emotional problems – characterized by aggressiveness, moodiness, anxiety, and even personality changes. 
• The loss of consciousness, which may include a coma or a vegetative state.

The CDC notes that a Traumatic Brain Injury most commonly happens from a car accident, a slip & fall, an assault, or a firearm-related injury. The following are also the more common ways a concussion or TBI may occur –

• An accident during work.
• A collision during a contact sport.
• The use of a defective product.  
• Injuries due to a violent act.  
• Medical malpractice and birth injuries.
• Exposure to toxic chemicals.

If your injury or concussion was the result of someone else’s negligence or fault, the responsible person could be held accountable, and this may be the basis for a legitimate lawsuit.

Proving a Concussion Lawsuit – The Symptoms

A successful concussion lawsuit requires you, as the plaintiff, to prove someone else’s negligence caused the accident that resulted in your concussion. This includes the following –

• The responsible individual was required to comply with a Duty of Care.
• The responsible individual, because of their actions or their failure to act, violated the Duty of Care.
• The alleged violation directly resulted in the concussion.
• You, as the plaintiff, were injured and suffered damages as a result of the concussion.

There are many examples of how a negligent act could lead to a concussion –

• A homeowner fails to repair a broken handrail that caused an accident. 
• A store owner fails to post signs noting a slippery condition that leads to a concussion.  
• A driver runs a stop sign that causes an auto accident in which someone injures their head.  

The reality is that any failure to uphold the Duty of Care can be considered a negligent act. The person at fault could therefore be responsible for compensating others who have been injured due to their negligence. 

Negligence can be proven by the gathering of evidence that is used to show your damages, pain and suffering, and ongoing medical needs, as well as the fact you had none of these symptoms prior to the incident that caused the concussion. Examples of common types of documentation include –

• Written reports from the responding police, ambulance, medical center, or hospital. 
• Statements regarding your concussion and treatment from doctors.  
• Statements from witnesses to corroborate the event.
• Photographs and videos that document the scene of the accident.
• The reconstruction of the accident by an expert, among others.

Proving the Symptoms of a Concussion.

The symptoms related to a concussion vary significantly. Some are incredibly obvious, while others are more subtle and challenging to identify. In addition, there is no single test or evaluative technique to diagnose a concussion. 

Concussions are medically diagnosed by a physical examination and may include varying tests depending on the circumstances and the event. Diagnostic imaging tests (like a CT or MRI scan) may be used to assess the magnitude of a concussion and to determine if any further damage occurred to the brain. Diagnosis also includes clinical evaluations to assess cognitive functioning, memory, and critical thinking skills, among others. 

The Mayo Clinic explains that a concussion’s symptoms have the potential to manifest over time and do show up immediately. In some concussive injuries, the individual will, at first, feel okay. They may not exhibit physical symptoms for a few hours, or for some, symptoms may not appear until days after the incident. 

And to complicate things, when symptoms of a concussion are present, they can last for days or become chronic. A concussive brain injury can cause a variety of symptoms and conditions – 

Physical signs and symptoms of a concussion may include –

• Headaches or internal pressure in the head – note that this is considered one of the primary signs of a concussion. 
• Fatigue and drowsiness.
• Blurred vision.
• Dizziness or ‘seeing stars.’
• Ringing in one’s ears.
• Difficulty in concentration and thinking.
• Confusion – similar to feeling like you are in a fog.  
• Loss of memory – amnesia – is often about the event that caused the injury. 
• Nausea or vomiting.

Other signs may only be visible to someone talking to you or casually observing. These include – 

• A dazed stare.
• Slurry speech.
• Delayed when responding to a question. 
• Forgetfulness.
• Different sized pupils. 
• Repeatedly asking the same question. 
• Trouble waking up or difficulty staying awake.

Be Sure to Document Every Concussion Symptom

Have you or anyone you love experienced the typical and common symptoms of a concussion? If so, it is important to seek medical care immediately. The immediacy of the matter is important because this is where the process of documenting the injury and resulting symptoms and consequences begins. 

Other medical professionals, caretakers, and family members can add personal experiences that can help document the pain and suffering and negative impacts you have endured since the concussion occurred. It is also a helpful idea to keep a journal, as this will allow you to document both new and reoccurring symptoms. 

If, after a concussion, you do not experience symptoms, it is still wise to be cautious and reach out to a health care or medical professional if you suspect a concussion. This is because the concussion symptoms may manifest slowly and, over time, symptoms may worsen. 

If a concussion leads to a hematoma (which is a buildup of blood or bleeding around the brain), it can be fatal. As a result, anyone who sustains a head injury should be regularly monitored for several hours after the incident. If symptoms worsen, it is essential to seek emergency care immediately.  

Persistent Post-Concussion Syndrome

Post-concussion syndrome occurs in about 10% of those who suffer a concussion. It is a complex brain condition with symptoms that vary, sometimes lasting years after the accident or event. Those who suffer from post-concussion syndrome need ongoing care, often for a lifetime. This fact is likely to be reflected in the damages of a successful lawsuit. 

Those who have post-concussion syndrome can experience symptoms that resemble that of a concussion, but other symptoms and complications will arise. And while post-concussion syndrome symptoms vary from person to person, they include –

• Dizziness.
• Fatigue.
• Insomnia.
• Irritability.
• Anxiety.
• Hypersensitivity to light and noise.
• Behavioral or emotional changes.

The medical community strongly suspects that there may be physiological aspects of post-concussion; however, evidence has yet to surface. Medical experts speculate that there are a number of physical reasons why some people fact post-concussion syndrome.

Compensation in a Concussion Lawsuit

A concussion or Traumatic Brain Injury case may award several kinds of damages. Special or economic damages reimburse you for your monetary expenses. Non-economic or general damages refer to other losses sustained because of the concussion. 

For example, if a concussion leaves someone needing a permanent nursing facility and care, economic damages would cover the medical and therapeutic expenses. Non-economic damages have the potential to be awarded as compensation for current and future pain and suffering.  

Economic or Special Damages

Economic damages are awarded to cover the cost of medical bills and other quantifiable expenses. These may include:

• Past, current, and expected medical expenses.
• Lost wages, current, and expected.
• Property damage caused by the accident that resulted in a concussion, among others.

Non-economic or General Damages

General damages compensate a victim for those losses that are difficult to quantify but have a significant and negative impact on the injured individual. These may include:

• Physical and emotional pain and suffering, 
• Mental anguish, anxiety, or stress.
• Loss of companionship and consortium.
• Temporary or permanent physical impairment.
• Loss of quality and the enjoyment of life. 
• Activity limitations. 
• Disfigurement or scarring.
• Damage to reputation.

Punitive damages 

In certain, although rare scenarios, when a concussion is the result of reckless and negligent choices, it may provide, in this scenario, punitive damages awarded to the injured party.  

Potential Damages for a Concussion Lawsuit

The effects of a concussion vary greatly among those so affected. As a result, the amount of settlement and types of verdicts vary as well. 

Depending on the facts and the circumstances of the accident or injury, damage amounts may begin in the thousands and reach as high as hundreds of thousands of dollars or more. Factors that will be considered in determining damages include, in part –

• The severity of your brain injuries.
• The permanence of your brain injuries.
• The need for continuing care.
• The ability or inability to work in the future. 
• The injured individual’s age, family scenario as well as earning capacity. 
• The degree of negligence and the amount of evidence proving fault.
• The insurance coverage, if applicable. 
• The ability to document non-economic damages.
• The personal assets of the defendant.
• Your lawyer’s skill and expertise.

When a concussion creates a serious brain injury with a life-altering consequence, the potential for a large award is great, especially from a sympathetic jury. 

How Can a Concussion Attorney Help?

A concussion that is caused by someone else’s negligence may entitle the injured person to compensation for the damage and losses created by the event. 

Brain injury victims and those who suffer a concussion will find it especially beneficial to have legal representation when involved in a concussion legal matter.