Filing a Lawsuit for a Concussion

Posted on behalf of James Lynch on March 6, 2018  in Personal Injury News. Updated on March 2, 2022

brain imagesA concussion is a type of traumatic brain injury that results from a blow to the head. Concussions affect the way a person’s brain functions and may vary in severity, with some causing only mild effects while others may lead to permanent brain damage.

If you believe you suffered a concussion caused by another’s negligence, you may be entitled to file a personal injury lawsuit against the at-fault party.

The New Jersey brain injury lawyers at the Lynch Law Firm, PC will discuss your right to recover compensation during a free, no obligation consultation. We will help you determine if you have the right take legal action after suffering brain damage because of another’s careless actions.

Causes of Concussions

The brain is cushioned by cerebrospinal fluid that effectively protects it from everyday bumps. However, an accident involving a strong amount of force can cause your head to suddenly accelerate or decelerate. This can result in the brain hitting violently against the inner skull, resulting in a concussion.

A concussion can be caused by a variety of accidents, with car accidents as a leading cause of concussions due to the forceful impact that occurs during the collision.

Other common causes of concussions include:

  • Bike accidents
  • Sports injuries
  • Slips and falls
  • Pedestrian accidents
  • Physical abuse

Additionally, people who have a history of previous concussions are at a heightened risk of developing a concussion.

Furthermore, athletes who play contact sports like football without proper safety equipment are also at an increased risk of suffering a concussion.

Concussion Symptoms

There are many signs that may tell when a person is suffering from a concussion. However, some symptoms of a concussion are common for other types of injuries and are often mistaken for other conditions.

Additionally, some symptoms may be subtle or may not appear immediately after an accident. This makes it more likely that the victim will not associate the symptoms with the concussion.

Common symptoms of concussions include:

  • Headache or migraines
  • Feeling pressure in the head
  • Nausea
  • Vomiting
  • Sensitivity to light
  • Ringing in the ears
  • Sensitivity to noise
  • Slurred speech
  • Memory problems
  • Fatigue
  • Dizziness
  • Confusion
  • Sleeping problems
  • Concentration problems
  • Temporary loss of consciousness
  • Irritability
  • Seizures or convulsions

Child Symptoms

If your child suffers a head injury, look for the following potential symptoms to determine if he or she may have a concussion:

  • Crankiness or irritability
  • Change in eating or sleeping patterns
  • Excessive crying
  • Listlessness
  • Sleep problems
  • Unsteady walking
  • Lack of interest in favorite toys or games
  • Dazed appearance

When to Seek Medical Treatment for a Concussion

You should always seek medical treatment if you believe you have suffered a head injury during an accident. Hesitating or neglecting to receive medical attention after a concussion may result in serious consequences to your health.

Immediately notify a health care provider if you suffer any of the following symptoms:

  • Repeated vomiting
  • A headache that worsens over time
  • Changes in personality, such as irritability
  • Slurred speech or changes in speech patterns
  • Changes in physical coordination
  • Seizures
  • Frequent dizziness
  • Confusion or disorientation
  • Loss of consciousness
  • Symptoms that get worse over time

Symptoms of Post-Concussion Syndrome

Post-concussion syndrome is a manifestation of symptoms that appear after a concussion that lasted for an extended period of time, potentially for more than one year.

This syndrome may arise after a person suffers a concussion from a contact sport or from being struck by an object or falling.

Symptoms associated with post-concussion syndrome include:

  • Dizziness
  • Tension headaches
  • Headaches of varying severity and location
  • Anxiety
  • Insomnia or sleeping too much
  • Fatigue
  • Irritability
  • Changes in behavior and emotions

Types of Compensation for Concussions

If your concussion was caused by another’s negligence, you may be able to pursue compensation against the at-fault party.

Through a personal injury lawsuit, you may be entitled to receive compensation for:

  • Past and future medical treatment
  • Lost wages
  • Loss of earning capacity
  • Cost of a caregiver
  • Rehabilitation
  • Surgery
  • Medical assistive equipment
  • Prescription medications
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • Loss of reputation

However, to prove your personal injury lawsuit, you may need to provide certain evidence that helps support to your case, such as:

  • Medical records – Medical records can be used to establish a causal link between the accident and your injury that shows it directly caused your concussion. They can also be used to show the cost of your medical bills and to justify the value of your lawsuit.
  • Testimony from a doctor – Your health care provider can accurately describe how your concussion has impacted your life and may provide critical testimony for your case.
  • Employment records – Your employer should have records to show how much your ability to work has been affected by the concussion. This can include time you missed from work or if the concussion caused you to lose your job or to transfer to a lesser position.
  • Pain journal – You can record your daily symptoms and pain in an injury journal to show how your concussion has affected your life since the accident.

Contact the Lynch Law Firm, PC Today

A concussion is a serious injury that can have long-lasting or permanent effect on a victim’s health and ability to live a normal, independent life. For this reason, victims may be entitled to file a lawsuit against the at-fault party that helps them obtain the compensation they need to recover.

Lynch Law Firm, PC’s personal injury lawyers in New Jersey can help you collect evidence to establish your claim. We work on a contingency fee basis, which means we only charge you if we recover compensation for your claim. There is no risk to contacting us to learn about your legal options.

Call (800) 518-0508 to schedule a free consultation today.

* Results may vary depending on your particular facts and legal circumstances.

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