Concussions are common injuries resulting from car accidents, motorcycle crashes, slip and fall incidents, or rideshare crashes. While some may seem minor at first, concussions can lead to long-term effects such as chronic headaches, memory loss, or difficulty concentrating.
You may be entitled to compensation if you sustained a concussion injury due to someone else’s negligence. Unfortunately, insurance companies may attempt to dispute concussion claims, arguing that symptoms are exaggerated or unrelated to the accident.
At the Law Offices of Jason B. Kessler, our experienced personal injury attorneys understand the impact of brain injuries. We know how to counter insurance company tactics using compelling evidence and can fight for the compensation you deserve.
Concussion Injuries - Key Takeaways
- Hiring a personal injury lawyer after a concussion helps you investigate the accident, meet deadlines, and handle insurance negotiations effectively.
- You can seek compensation for medical expenses, lost earnings, out-of-pocket expenses, loss of enjoyment of life, emotional distress, loss of consortium, and pain and suffering caused by your injury.
- Proving fault requires strong evidence such as police reports, witness testimony, and medical documentation.
- Concussion-related lawsuits may take longer due to medical evaluations, insurer delays, and disputes over long-term health effects.
- Call a personal injury lawyer for legal support and guidance.
What Are Some Reasons That a Person Might Hire a Lawyer After Suffering an Injury?
A concussion might seem like a minor injury at first, but it can have long-term complications. These traumatic brain injuries can have lasting effects on your health, work, and quality of life. When you're dealing with headaches, confusion, and recovery, the last thing you need is the added stress of processing a claim.
Here's why hiring a personal injury attorney after suffering a concussion can help:
Investigate the Accident
A personal injury attorney has the resources and knowledge to conduct thorough investigations that you cannot manage while recovering. They'll gather supporting evidence, including police reports, witness statements, surveillance footage, and accident scene photographs.
A personal injury attorney will work with accident reconstructionists and medical professionals to establish exactly how your injury occurred and who bears responsibility. Their help with a comprehensive investigation strengthens your claim.
Adhere to Legal Timelines
Every state has statutes of limitations that strictly limit how long you have to file a personal injury claim. Missing these deadlines means losing your right to compensation, regardless of the validity of your claim.
A personal injury attorney understands these time-sensitive requirements, allowing you to initiate a proper claim. They also ensure you meet other deadlines throughout the legal process, protecting your interests at every stage.
Handle Insurance Companies
Insurance adjusters are negotiators whose primary goal is to minimize payouts. They may contact you shortly after your accident, hoping to obtain recorded statements. They can also make low settlements before you understand the full extent of your injuries.
Concussion symptoms can worsen or emerge days or weeks after an accident. Therefore, accepting an early settlement can leave you without coverage for ongoing medical needs. A personal injury lawyer serves as a buffer between you and insurance companies.
They can handle all communications on your behalf and protect you from tactics designed to devalue or deny your claim.
Maximize Compensation
Concussions often result in damages that extend far beyond immediate medical bills. You may face ongoing treatment costs, lost income from missed work, and reduced earning capacity if symptoms persist.
An experienced personal injury attorney can support your claim process by accounting for both current and future damages. They also understand what compensation is reasonable based on similar cases and won't let insurers shortchange you.
Evaluate Settlement Offers
You’re likely to accept a low settlement offer if you commence negotiations without a legal professional. A personal injury attorney has handled countless cases and can objectively assess whether an offer adequately compensates you for your injuries.
They'll explain the pros and cons of accepting versus continuing negotiations or going to trial.
Avoid Mistakes
The claims process is fraught with potential pitfalls. Saying the wrong thing to an insurance adjuster, missing a filing deadline, or accepting inadequate compensation can derail your case.
A personal injury attorney can guide you through each step, preventing costly errors that can jeopardize your recovery.
Peace of Mind
Hiring a personal injury lawyer allows you to focus on feeling better. Instead of wrestling with legal deadlines, paperwork, and aggressive insurance tactics while managing concussion symptoms, you can rest knowing a professional is fighting for your rights.
Can I Get Compensation for Personal Injury?
You can initiate a claim or lawsuit to obtain compensation for your losses. Some of the damages you can claim include:
Medical Expenses
You may incur medical expenses while recovering or coping with the effects of a concussion. Medical costs account for a significant portion of the damages in a personal injury case. After a concussion, you may require emergency room visits, diagnostic imaging such as CT scans or MRIs, neurological examinations, and ongoing treatment with specialists.
These costs add up quickly, and you're entitled to compensation for all reasonable and necessary medical care related to your injury. You can also claim compensation for future medical expenses if your concussion requires long-term treatment, rehabilitation, or monitoring for potential complications.
Lost Income
A concussion can prevent you from working, either temporarily or permanently, depending on the severity of your injury. Lost income compensation covers earnings you've already lost due to missed work during your recovery.
You claim compensation if concussion symptoms like headaches or cognitive difficulties prevent you from returning to your previous employment or reduce your earning capacity.
Out-of-Pocket Expenses
Concussion victims also incur numerous out-of-pocket expenses. These may include:
- Transportation costs to and from medical appointments
- Prescription medications and over-the-counter pain relievers
- Medical equipment, such as neck braces or specialized pillows
- Home modifications to accommodate recovery needs
- Household services like cleaning, lawn care, or childcare, you can no longer perform
- Assistive devices or technology to help with cognitive difficulties
- Physical therapy or rehabilitation equipment for home use
- Parking fees at medical facilities and hospitals
While out-of-pocket expenses may seem minor, they can add up and disrupt your finances. A personal injury lawyer can use bank statements, receipts, credit card statements, and medical records to support your claim for out-of-pocket expenses.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain, discomfort, trauma, and inconvenience caused by your concussion. An injured victim with a concussion may endure persistent headaches, neck pain, dizziness, nausea, and other debilitating symptoms that affect their daily life.
Unlike economic damages with specific dollar amounts, pain and suffering are subjective and calculated based on the severity and duration of your symptoms.
Emotional Distress
A concussion injury can cause psychological symptoms, including anxiety, depression, mood disorders, and post-traumatic stress. You can, therefore, make a claim to cover the treatment costs associated with emotional distress.
A personal injury attorney can use the following types of evidence to prove emotional distress:
- Testimony from mental health professionals who have treated you
- Medical records documenting psychological symptoms
- Prescription records for antidepressants or anti-anxiety medications
- Journal entries describing your emotional state
- Testimony from family members and friends who have witnessed changes in your behavior
- Expert witness testimony from psychologists or psychiatrists
- Documentation of lifestyle changes resulting from emotional trauma.
Loss of Enjoyment of Life
You can also seek compensation when a concussion injury prevents you from participating in activities you once enjoyed. You may recover damages for loss of enjoyment of life if you can no longer participate in hobbies, sports, social gatherings, or family events.
Loss of Consortium
Loss of consortium compensates your spouse or family members for the negative impact your injury has had on your relationship. You can claim loss of consortium if your concussion symptoms, like chronic pain, have prevented you from providing companionship, affection, and support to your spouse.
Permanent Disability or Disfigurement
Some concussions result in permanent consequences such as chronic traumatic encephalopathy, persistent cognitive deficits, or permanent scarring from associated injuries. You can seek compensation for any permanent disability or disfigurement that affects your appearance, abilities, or long-term health.
Punitive Damages
A judge can award you punitive damages to punish particularly reckless or intentional conduct. A personal injury lawyer can make a case for punitive damages by demonstrating that the defendant's behavior went beyond ordinary negligence and showed willful disregard for others' safety.
They can present evidence of the defendant's state of mind, prior similar incidents, and violations of safety regulations. A personal injury attorney can prove the conduct was so egregious that it warrants additional punishment beyond compensating your actual losses.
How to Determine Fault in an Accident
Determining fault in a concussion injury case requires compelling evidence that proves another party's negligence caused your traumatic brain injury. A personal injury attorney can employ multiple evidence to build a strong case and secure the compensation you deserve.
Here are different types of evidence to prove fault in a concussion injury:
Police Reports
A police crash report contains the responding officer's observations, statements from the involved parties, and preliminary determinations of fault. A personal injury attorney can review the crash report to establish how the impact occurred and identify any traffic violations or negligent behaviors that caused your head injury.
Medical Records
Medical records are solid proof that can link the accident to your concussion. A personal injury attorney can gather emergency room records, neurologist evaluations, CT scans, and documentation of ongoing treatment.
They can use the medical records to demonstrate the severity of your brain injury, the immediate symptoms you experienced, and how the trauma directly resulted from the defendant's actions.
Witness Testimonies
Witness testimonies offer independent accounts of what transpired. A personal injury lawyer can use an eyewitness to verify how the accident occurred, whether the at-fault party was distracted or reckless, and to corroborate your version of events.
Accident Scene Evidence
You can support a concussion claim using photographs, video footage, and physical evidence from the location. A personal injury attorney can analyze skid marks, vehicle damage patterns, surveillance camera recordings, and debris placement to reconstruct the collision.
Expert Witness Analysis
A personal injury lawyer can use expert witness analysis to enhance the credibility of your case. Accident reconstruction specialists can demonstrate exactly how the collision occurred. They can also use medical professionals to explain how the specific impact caused your concussion and its long-term neurological effects.
Vehicle Data and Black Box Information
Modern vehicles contain event data recorders (EDRs) that capture information seconds before impact. A personal injury attorney can extract data showing the defendant's speed, braking patterns, steering angles, and seatbelt usage.
They can use the vehicle data to prove whether excessive speed or failure to brake caused the collision that resulted in your concussion.
Concussion Injury Frequently Asked Questions
How Much Does a Personal Injury Lawyer Charge?
Most personal injury lawyers handling concussion injury cases work on a contingency fee basis. This means you pay no upfront costs, and the attorney’s payment depends on successfully recovering compensation on your behalf. If you do not recover compensation, you pay nothing for legal services.
Why Is My Personal Injury Lawsuit Taking So Long?
Personal injury lawsuits involving concussions often take longer due to the need for extensive medical documentation, ongoing symptom monitoring, or disputes over long-term effects. You may also experience delays due to insurance company negotiations and establishing a clear causal relationship between the accident and neurological damage.
When to Hire a Personal Injury Lawyer?
Hire a personal injury lawyer immediately after a concussion if symptoms persist, medical bills accumulate, or the negligent party disputes liability. You can also speak to a personal injury lawyer if insurance offers seem inadequate.
Get the Legal Support You Need After a Concussion
A concussion can cause financial distress due to hefty medical expenses, rehabilitation costs, and missed work. To recover compensation, you must prove that another party’s negligence directly caused your injury.
Our experienced personal injury lawyers at the Law Offices of Jason B. Kessler can protect your rights as an injured victim. We can investigate your accident, gather medical and factual evidence, and build a compelling case against the negligent party. Contact us online or at (914) 220-1088 for a free consultation.