What Are Concussion Injury Claims?
If you or someone you know has experienced a concussion, you may wonder if you have a valid injury claim. Concussion injury claims are increasingly common, as more people recognize the serious, long-lasting effects of concussions.
A concussion is a type of traumatic brain injury that occurs when the brain is jolted or shaken inside the skull. Concussions can result from sports injuries, car accidents, falls, and physical assaults. Concussion symptoms can include headache, dizziness, confusion, memory loss, and sensitivity to light and sound.
Many people experience persistent symptoms that can last for years.
If you suffered a concussion because of someone else’s negligence or intentional actions, you may recover compensation for your medical expenses, lost income, and pain and suffering.
However, you need an experienced Tulsa traumatic brain injury attorney to navigate your concussion injury claim.
In the following article, we will explore concussion injury claims, including what they are, how lawyers evaluate them, and what you can do to protect your rights and interests.
Understanding Concussion Injuries
Definition of Concussion
As stated, a concussion is a traumatic brain injury (TBI) that can happen as a result of a blow to the head, a fall, or any other type of impact that causes the brain to move rapidly back and forth, such as a car accident.
Concussions can range in severity from mild to severe, and they can cause a variety of symptoms that may last for days, weeks, or even months. It is important to seek medical attention if you suspect that you or someone you know has suffered a concussion.
Some alarming statistics regarding concussions and traumatic brain injuries include:
On average, around 190 people in the U.S. die from TBI-related injuries every day
More than 214,000 people were hospitalized for TBIs in a recent year
Around 15% of high school students and other children suffered a TBI or concussion from playing sports
Symptoms and Effects
Common symptoms of a concussion include:
- Headaches
- Brain fog and confusion
- Difficulty making decisions
- Fatigue
- Sleeping problems
- Mood swings
- Light and sound sensitivity
- Nausea and vomiting
- Dizziness and vertigo
Concussions and TBIs can also lead to learning problems and memory loss as well as other cognitive issues. In more severe cases, a person may experience seizures, loss of consciousness, or difficulty speaking or moving.
The effects of a concussion can vary depending on the severity of the injury and the age and overall health of the person who has been injured. In some cases, a person may recover fully from a concussion within a few days or weeks. In other cases, the effects of the injury may be long-lasting or even permanent.
Repeated concussions can have serious long-term effects on a person’s health, including an increased risk of developing dementia and other cognitive disorders later in life. Therefore, it is important to take any head injury seriously and to seek medical attention right away if you suspect that you or someone you know has suffered a concussion.
Legal Aspects of Concussion Injury Claims
Eligibility for Filing a Claim
To pursue compensation through a concussion injury claim, you must have suffered a concussion due to someone else’s negligence. Negligence is the failure to take reasonable care to avoid causing injury to another person. If you, with the help of a lawyer, can prove that someone else’s negligence caused your concussion, you may file a claim.
You face a time limit for filing a concussion injury claim. In Oklahoma, for instance, the statute of limitations gives you two years from your injury.
If you do not have an attorney file a personal injury lawsuit in civil court within that time, you may lose all rights you have to obtain compensation. Therefore, it is recommended that you seek legal advice as soon as possible after your concussion to ensure that you do not miss the deadline.
Legal Process
Seek a brain injury lawyer to handle the complex and time-consuming legal process for filing a concussion injury claim.
The first step in the legal process is to file a claim with the responsible party’s insurance company. The insurance company will investigate the claim and determine whether they will accept liability for your concussion.
If the insurance company accepts liability, they will offer you a settlement. The initial settlement offer may not cover all of your medical expenses and other damages. Your lawyer can negotiate with the insurance company to recover a fair settlement.
If the insurance company denies liability or offers an insufficient settlement, your lawyer may recommend filing a lawsuit in civil court. Your lawyer will present evidence to support your claim and argue on your behalf.
If the judge or jury finds in your favor, you will recover damages. Damages may include compensation to help you pay for your medical bills, cover your lost income, and deal with the ongoing effects of your injury.
Determining Liability in Concussion Injury Claims
Liability refers to the legal responsibility for an injury or harm caused to another person. In concussion injury claims, liability typically falls on the person or entity whose negligence or intentional actions caused the concussion.
Several factors can determine liability in concussion injury claims.
These factors include:
- Duty of care: Did the person or entity protect you from harm? For example, a coach has a duty to provide safe equipment and training to their athletes.
- Breach of duty: Did the person or entity fail to meet their duty of care? For example, a coach who fails to provide proper equipment or training could be considered to have breached their duty of care.
- Causation: Did the breach of duty cause your concussion? For example, if you were not wearing proper equipment and suffered a concussion as a result, the lack of proper equipment could cause your concussion.
- Damages: What damages did you suffer because of the concussion? Damages can include medical bills, lost income, and pain and suffering.
In concussion injury claims, liability can fall on:
- Drivers who caused motor vehicle accidents through their negligence or wrongdoing
- Sports coaches and organizations
- Schools and universities
- Employers
- Property owners
- Manufacturers of faulty equipment
Multiple parties can share liability. For example, if a school fails to provide proper equipment and a coach fails to properly train their athletes, both parties could bear liability for any resulting concussions.
Overall, determining liability in concussion injury claims requires a thorough investigation of the circumstances surrounding the injury. If you have suffered a concussion due to someone else’s negligence or intentional actions, consult a personal injury attorney as soon as possible who can navigate the legal process and pursue compensation for your damages.
What Types of Damages Can You Recover from a Concussion Injury Claim?
You can recover economic damages and non-economic damages in a concussion injury claim.
Economic damages compensate you for the financial losses that you have suffered as a result of your concussion. These damages can include:
- Medical expenses, including the cost of emergency treatment, hospitalization, rehabilitation, and any future medical care that you may need.
- Lost income, including the income that you have lost due to missed workdays or a reduced earning capacity.
- Property damage, if the accident that caused your concussion also damaged your property.
Non-economic damages compensate you for the non-financial losses you suffered because of your concussion.
These damages can include:
- Pain and suffering, including the physical and emotional pain that you have experienced.
- Loss of enjoyment of life, including the inability to participate in activities that you used to enjoy.
- Mental anguish, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Disfigurement, if your head injuries resulted in any visible scars or deformities.
In addition to economic and non-economic damages, you may also recover punitive damages in your concussion injury claim. Punitive damages punish the at-fault party for their reckless or malicious conduct.
Note that the amount of damages that you can recover in your concussion injury claim will depend on the severity of your injury, the impact that it has had on your life, and the at-fault party’s conduct.
If you suffered a concussion, speak with an experienced personal injury lawyer to discuss your legal options and to get help recovering the compensation that you deserve.
Can I Afford a Concussion Injury Attorney?
Most personal injury attorneys, including those at Aizenman Law Group, work on a contingency fee basis. As such, we do not charge a retainer upfront or bill you monthly for our services.
We will handle all aspects of your claim and work to help you recover compensation, and we will only accept a fee if we recover damages for you through an insurance settlement or court award. If we do not obtain compensation on your behalf, you owe us nothing.
We also offer free consultations for personal injury claims, so you can get answers to your questions and determine if you have a valid case at no cost.
Contact an Experienced Concussion Injury Lawyer Today
Suffering the effects of a concussion can have far-reaching impacts on your life and future. You shouldn’t have to bear the costs of your injury, especially if someone else’s negligence or wrongful actions caused you harm.
An experienced concussion injury lawyer in Tulsa can review your claim for free and advise you of your rights and options for pursuing compensation. They can also help you gather evidence to support your claim and fight for you throughout the process to increase your chances of getting the full and fair compensation you deserve.
Contact an experienced personal injury lawyer today for a free consultation concerning your claim.
