Can I Sue for a Concussion?
- July 18
- Evans & Herlihy
- Personal Injury
A concussion is a mild traumatic brain injury or TBI that happens after you experience a blow to the head; however, it can also occur if your head or upper body is shaken violently. Unfortunately, concussions aren’t uncommon.
While people often relate cases of concussion to sports like football, they can also be caused during a fall or car accident.
Usually, a concussion does not cause a loss of consciousness. Symptoms of concussion include the inability to concentrate, headaches, poor judgment, memory impairment, and the loss of coordination or balance.
If you are involved in an accident that causes a concussion, you may wonder – Can I sue for a concussion?
After being involved in an accident, you may be able to make a personal injury claim for the injury or a claim for the pain that you have suffered. However, you must prove that someone else caused the accident. To do this, you will need medical evidence to back up your claims.
Understanding Post-Concussion Syndrome
Post-concussion syndrome is a complex health condition that occurs when someone’s symptoms last for several weeks, months or even a year or more after the concussion occurs. It’s estimated that around 10% of people who suffer a concussion will also experience the post-concussion syndrome.
Symptoms associated with the post-concussion syndrome are like those of a concussion; however, they may also include other symptoms, such as emotional or behavioral changes, noise and light sensitivity, anxiety, irritability, insomnia, fatigue, and dizziness. Sometimes, a post-concussion headache is similar to a migraine headache; however, they feel like tension headaches more commonly.
It’s worth noting that the physiological aspects of post-concussion issues aren’t fully understood. Healthcare professionals never agree on why some individuals suffer post-concussion syndrome.
Potential Damages for Concussion-Related Injuries
Concussions are similar to any other diagnosis that you may receive. It’s only possible to claim damages as part of your injury case if you suffer a concussion injury that your doctor believes is related to the accident that you experienced. This has to be noted in their medical records. When it comes to proving a concussion, this is a vital aspect of the process.
You will be able to file a lawsuit for concussion and receive damages for a specific medical condition only if your doctor’s medical opinion is that the condition was caused by an accident. If you believe that you experienced a concussion and your doctor doesn’t, or if you think your post-concussion syndrome was caused by an accident but your doctor disagrees, it will be impossible to file a lawsuit for damages for the injury you experienced. If this situation occurs, you must get a second opinion from another doctor who agrees with you about the cause of your concussion.
Filing a Claim for Pain and Suffering After a Concussion
As part of your accident claim, you have the right to demand compensation for your pain and suffering. You can prove your pain and suffering by your testimony and testimony from your doctor. Your doctor must document that you experienced a concussion, that you may have experienced post-concussion syndrome, and that the concussion was caused by accident.
However, the jury will want to hear from you about your complaints and symptoms, how long they have been going on, how disabling they are, and how they have impacted your life. Because of this, you want to work as carefully as you can with your lawyer so you will be fully prepared for your claim.
Problems in Cases and Situations That Involve Post-Concussion Syndrome
One of the biggest issues about claiming damages with post-concussion syndrome is that the symptoms may be vague. Some reasonable doctors may not be confident that a patient has suffered post-concussion syndrome. This is also the case for most TBI injuries.
If you are trying to settle any post-concussion syndrome case, you will run into the issue that insurers want a claim to be extremely obvious and straightforward, like a broken leg. But since the post-concussion syndrome isn’t clear, like a broken bone, some insurers will not offer top dollar for the claim, and you may have to go to trial.
Contact Our Legal Team to Learn More About Recovering Damages for a Concussion
If you have suffered a concussion in an accident, you may have the right to file a personal injury claim. You must contact our legal team to discuss your claim. This will be the best way to provide you with the opportunity to recover compensation.
When it comes to concussions, getting compensation can be challenging. Because of this, you must seek legal help. We are here to answer any questions you have and ensure that you get the maximum amount of compensation possible for your claim. Get in touch with our legal team by calling (512) 732-2727.