Can I Sue For A Concussion?

• November 5, 2020
• Attorney Matt Stoddard
• Catastrophic Injury

There’s nothing more frightening than a car crash or dangerous fall that results in a severe concussion. Not only are there implications for brain injury, but a victim can also suffer from chronic headaches, memory loss, blurry vision and hearing abnormalities. The brain is a highly calibrated organ, and a swift blow or jarring shake can upset the electrical impulses and blood flow that enable a brain to function properly.

If you or a loved one has suffered a concussion due to a fall, work injury or vehicle accident, you may be entitled to financial compensation. This is especially true if your injury was the result of someone else’s negligence. Concussion injuries can mean mounting medical bills, time off work and lost wages. You shouldn’t have to bear these costs alone if the injury was someone else’s fault.

At The Stoddard Firm, our lawyers who specialize in brain injury cases can help. We’ve represented many clients who have suffered concussion and brain injuries and received significant settlements and awards. To find out more about how we may be able to help you, call us for a free initial consultation at 404-948-3708.

Medical Tests to Detect a Concussion

If you’re wondering “can I sue for a concussion?” then you’re probably also asking yourself how to prove a concussion claim. To win a head injury case, you and your lawyer have to prove that 1) the injury exists, and 2) someone else caused/contributed to the injury accident.

According to the Mayo Clinic, signs of a concussion and/or brain injury can be both neurological and cognitive. Following are some of the tests the Mayo Clinic says can determine the existence of a concussion:

Neurological Examination

Not only will a doctor talk to you to find out what happened when the concussion occurred, but he or she likely will also do a neurological examination. This evaluation includes checking your:

• Vision
• Balance
• Reflexes
• Strength and sensation
• Coordination
• Hearing

Cognitive Testing

A doctor will also probably conduct cognitive (thinking) skills tests during a neurological examination. Testing may evaluate several factors, including your:

• Concentration
• Memory
• Ability to recall information

Imaging tests

A doctor may recommend brain imaging for a head injury with symptoms such as seizures, severe headaches and vomiting. Brain imaging can determine whether the injury caused swelling or bleeding in the skull. Typical brain imaging methods include a cranial computerized tomography (CT) scan and magnetic resonance imaging (MRI).

Observation

Sometimes doctors decide to keep a person in the hospital overnight just so their vital signs, appetite and behavior can be observed for a concussion. This can include being awakened by a nurse periodically through the night to make sure you can awaken normally.

How to prove a concussion

Results from all of these medical tests can provide evidence to prove a concussion. Having X-rays, films and cognitive test results are extremely useful in proving your legal case. You will need good medical evidence showing a concussion or post-concussion syndrome to get compensated in an injury claim.

Post-concussion syndrome is a complicated condition in which symptoms can last for many weeks or months. While much rarer than a simple concussion, about 1 in 10 people suffer the ongoing effects of post-concussion syndrome. In addition to typical concussion symptoms, post-concussion syndrome can include light and noise sensitivity, changes in a person’s behavior and emotions, insomnia, anxiety, quick anger, and dizziness.

You will need a physician to state that you have indeed suffered a concussion – with medical tests to back it up – in order to prove a concussion and be successful in court. Without medical evidence, or if your doctor disagrees with a concussion diagnosis, then it’s usually impossible to win a claim.

Lawsuit for concussion

To win a lawsuit for concussion, it’s imperative that you seek medical attention right away after the injury accident. Do not delay, both for your own health and safety and for the viability of your legal claim. If your injury occurred due to a car accident or fall, here are steps you can take:

1. Call 911 to get emergency medical care and to alert the police.
2. In the case of a fall, inform your supervisor at work or the store manager/owner where the fall happened.
3. Accept medical treatment from first responders, including being transported by ambulance to the hospital if need be.
4. If you are able, get the names and contact info of witnesses who saw the accident.
5. Get the names/badge numbers of police or responding medical personnel.
6. Take photos of your injuries and the accident scene with your cell phone.
7. Contact a brain injury lawyer right away.

Damages for concussion-related injuries can include past, present and future medical bills; lost wages; loss of future earnings potential; pain and suffering and other things. A skilled and experienced brain injury lawyer can guide you about which damages to demand as part of your lawsuit.

Our firm works on contingency in personal injury cases, which means the defendant pays your attorney’s fees through a settlement agreement or jury award. If for any reason your claim is not successful, then you owe us nothing.

Contact an Experienced Atlanta 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, financial and emotional. 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 deserve. 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 The Stoddard Firm at 404-948-3708. The initial consultation is free.