- January 27, 2022
- Attorney David Mann
- Personal Injury
The short answer to the question of “Can I sue for a concussion?” is “yes.” You can sue for a concussion and seek to recover damages that you suffered as a result of the injury. A concussion is a kind of traumatic brain injury that’s caused when an impact or jolt causes the head to move back and forth rapidly. The movement results in the brain smashing into the skull at least once, damaging the brain and causing chemical changes that affect your ability to function normally for a short or long period of time. Concussions range from mild to serious and can be life-changing on a temporary or permanent basis. The effects of a concussion on the brain and your ability to function normally can lead to the filing of a lawsuit for full compensation for your injuries.
What is a Concussion?
A concussion is a type of brain injury that happens as the result of an insult to the head and may or may not result in a bruise on the brain. When the brain impacts the skull with a suddenly decelerating force, the brain suffers an injury. The severity of the injury depends on the strength of the impact. You can get a concussion from an incident that causes hard shaking of your head, from falling down and hitting your head, or from suffering a jolt from a sudden impact that rocks your head back and forth quickly. The resulting impacts are known as:
- Coup (coo) refers to an injury on the brain where it impacted the skull.
- Contrecoup (con-tre-coo) is an injury where the brain hits the skull on the opposite side of the impact.
- Coup-contrecoup is the most serious type of concussion and consists of the brain hitting one side of the skull, then striking the opposite side after the first impact.
Sometimes a bruise known as a contusion appears on the brain as a result of the impact. It’s possible to have a contusion and a concussion at the same time, but a contusion is not a concussion. The different types of concussions include:
- Grade 1 or mild concussion
- Grade 2 or moderate concussion
- Grade 3 or severe concussion
All grades of concussions are accompanied by various physical symptoms that can clear up with medical intervention or result in permanent brain injury.
Symptoms of a Concussion
Brain function is disrupted by a concussion in various ways, and sometimes the signs don’t show up right away. The symptoms can last for a few days, weeks, or permanently, depending on how strong the blow to the head was. Concussions can produce physical and mental symptoms that make it difficult to function normally.
- Blurred vision
- Nausea or vomiting
- Sensitivity to noise and light
- Slurred speech
- Ringing in ears
- Balance problems
- Loss of memory
- Inability to concentrate
- Personality or behavioral changes
- Difficulty with thinking clearly
- Feeling slow
- Difficulty retaining new information
- Poor sleep
- Depression and/or anxiety
Always seek medical treatment after a blow to the head. Even the mildest of concussions can have adverse effects on your ability to function normally. A physician can order scans of your brain to determine the extent of your injury, then prescribe treatment to help you manage the condition. If the damage is severe and/or life-altering, you’ll require ongoing medical care to help you manage your traumatic brain injury case and your lifestyle. Seeking medical help also provides you with the medical records you’ll need to pursue a personal injury lawsuit for a concussion.
How to Prove a Concussion Happened
Part of pursuing a brain injury lawsuit is using medical records to prove you had a concussion. Provided you sought medical attention after the injury, you’ll have the necessary evidence you need to prove you suffered a traumatic brain injury. Medical records contain information such as the tests the physician put you through to determine if you are currently suffering from a concussion, the physician’s opinion as to the existence of a concussion, and any medical images that show evidence of a concussion.
As of early 2021, a blood test is available to detect specific proteins found in the blood after a concussion. This test is intended to refine the diagnosis of a concussion and the need for a brain scan. When the proteins are found by the blood test, the physician can order an MRI or CT scan to look for conclusive evidence of a concussion. The results of the blood test can also strengthen your lawsuit for concussion due to its definitive nature.
Sometimes it’s important to prove that your accident happened where you said it did. This kind of evidence can help strengthen your allegation that you got the concussion through no fault of your own. Videos can go a long way toward proving the fact that you’re telling the truth about what happened. If the accident happened where there are security cameras, your lawyer can request the video to prove that you got your concussion at that location.
How Can I Sue for a Concussion?
In order to pursue a lawsuit for a concussion, you and your attorney have to prove that you suffered one as the result of an accident. The lawsuit process begins with a consultation with a brain injury lawyer who goes over the evidence that you bring with you. If the concussion was severe and has incapacitated you to the point of preventing you from coming to the law office for a meeting, your personal representative can speak to the attorney on your behalf. The attorney can determine if there’s sufficient evidence to proceed with a lawsuit against the offending party who caused the accident.
Once the lawyer feels there’s enough evidence for a lawsuit, he’ll begin various legal procedures and seek out information from all the parties involved in the accident. That can include negotiating with the insurance company, finding out whether the person or entity that caused the accident has assets to pay for your damages, and filing a lawsuit for concussion-related injuries, if necessary.
Contact Us for Help With Your Brain Injury Lawsuit
If you’ve suffered a concussion and/or a traumatic brain injury as a result of an accident, call us at the Mann Law Firm at (478) 742-3381 for help with recovering damages in a brain injury case. We can set up a consultation to discuss your case and determine a course of action that answers your question of “Can I sue for a concussion?” David Mann involves himself in every case to provide clients with the personal touch and compassion they need during a stressful time in their lives.