Can I Sue for A Concussion?

• March 12, 2024
• Attorney Matt Stoddard
• Catastrophic Injury

You can sue for a concussion if another party caused your injury due to their negligent or violent actions. Concussions commonly happen in car accidents, in falls, and in other incidents causing impacts to the head.

A concussion affects brain function and can cause chronic headaches, memory loss, blurry vision, hearing abnormalities, and sleep problems. These issues can seriously affect your physical and mental health.

Concussion injuries can lead to mounting medical bills and lost wages if you miss work. You shouldn’t have to bear these costs alone if the injury was someone else’s fault. A brain injury lawyer can help you determine your options for collecting damages for a concussion.

Damages In Concussion Lawsuits

Damages for concussion-related injuries may include payment for:

• Current and future medical bills
• Lost wages
• Loss of future earning potential
• Pain and suffering
• Emotional distress
• Property damage.

These are examples of economic and noneconomic damages frequently claimed in these types of cases. You may have additional damages, which your lawyer can assist you in determining.

Gathering Evidence for A Concussion Lawsuit

To be successful in a lawsuit requires proving the other party was at fault. To do so, there are several steps to take after an accident in which you hit your head, to gather evidence and build your claim. For your own health and well-being, it’s imperative that you seek medical attention right away after sustaining a blow to the head. Your medical reports will also be crucial evidence.

Additionally, do the following:

• Call 911 to get emergency medical care and to alert the police.
• Get the names/badge numbers of police or responding medical personnel.
• Accept medical treatment from first responders, including being transported by ambulance to the hospital if need be.
• In the case of a fall, inform your supervisor at work or the store manager/owner where the fall happened.
• If you are able, get the names and contact information of eyewitnesses to the accident.
• Take photos and/or video of the accident scene and your injuries.

Contact a personal injury lawyer. Your lawyer will negotiate with the insurance company of at-fault parties to try to get you a fair settlement, and they will represent you in your lawsuit should your concussion injury claim go to court for resolution.

Detecting And Proving a Concussion

Concussions are not visible injuries. To prove to an insurer or jury that you have suffered a concussion requires medical documentation. There are various ways to diagnose concussions, according to the Mayo Clinic. They include:

• Observation — You may be kept in the hospital overnight so doctors can observe your vital signs, appetite and behavior for evidence of concussion. This can include being awakened by a nurse periodically through the night to make sure you can wake up normally.
• Neurological exam — A doctor will talk to you to find out what happened when the concussion occurred. They may also evaluate your eyesight, balance, reflexes, coordination, and more.
• Cognitive testing – You may be given tests to measure your concentration, memory, and information recall.
• Imaging tests — If you have symptoms that include seizures, severe headaches, or vomiting, you might undergo a CT scan or MRI. These imaging tests are performed to look for swelling and bleeding in the skull.

Results from these medical tests can provide evidence to prove a concussion. In addition, your attorney may identify medical professionals as expert witnesses to testify how concussion or post-concussion syndrome impacts your daily life. Post-concussion syndrome is a condition in which symptoms last for weeks, months, or, in rare cases, forever.

Showing the Other Party Was Negligent

Let’s assume your concussion was caused by another car rear-ending yours. Establishing negligence requires proving that:

• The at-fault driver owed you a duty of care. In this case they had a duty to drive safely.
• They breached that duty. They were following too closely or speeding, or both.
• The breach caused your injuries. You suffered a concussion because they crashed into you.
• You sustained damages. Your injuries resulted in doctor bills, time missed from work, and pain and suffering.

Your attorney will work to establish that you have, indeed, suffered a concussion. They will investigate all the intricacies and evidence of your accident to prove fault.

Resolving Your Concussion Claim

Your concussion injury claim may be resolved through negotiations with the at-fault party’s insurance company. Insurers often try to low-ball claimants, so you should almost never accept a first settlement offer or you will leave money on the table. Your personal injury lawyer can help you understand, based on your damages now and for the future, whether an offer is acceptable. But the final decision of whether to accept a settlement offer is always up to you.

If a fair settlement cannot be reached, you can take your claim to court to be resolved at trial. Sometimes when insurers know that claimants are working with an experienced attorney or are considering suing in court, they will strengthen their settlement offer.

Contact An Experienced Brain Injury Lawyer Today

It is not always easy to prove that a concussion or brain injury occurred due to someone else’s negligence. An attorney must show cause and effect and also demonstrate the full losses associated with your injury, including those that are physical, emotional, and financial. That’s why it’s so important to choose a trusted and successful brain injury lawyer who can help. The Stoddard Firm is a catastrophic injury and wrongful death law firm with the knowledge and experience you want on your side.

We’ve helped countless clients just like you get the justice and compensation they need to move on with their lives. We know the questions to ask, the evidence to review, and the arguments to make to successfully pursue these lawsuits. You don’t have to suffer alone, full of worry and pain. Suffering a severe concussion or brain injury is not something you want to walk through by yourself.

To find out more about how we can help, contact us today at 470-467-2200. We provide free initial consultations.