Concussion injuries can result from various types of occurrences, including car and truck accidents, motorcycle crashes, or workplace incidents. Concussions can lead to short and long-term symptoms, including dizziness, headaches, memory loss, physical problems, and even lasting cognitive impairments.
When someone else causes a concussion, they should be liable for the resulting medical bills and related losses. Victims must proactively file a concussion injury claim to seek the compensation they deserve, whether through auto insurance, workers’ comp, the legal system, or similar avenues.
If you sustained a concussion in a recent accident, you need to speak with a knowledgeable Creve Coeur personal injury attorney in your jurisdiction as soon as possible. Your lawyer can evaluate your case and determine your legal options moving forward. Specifically, your attorney can file a personal injury or workers’ compensation claim on your behalf to recover various types of monetary damages.
How Do Concussions Frequently Happen?
Concussions, a type of traumatic brain injury (TBI), are often the result of sudden impact or violent shaking of the head. They can occur in various scenarios, from sports and recreational mishaps to everyday accidents. Among the most common causes are car accidents, truck accidents, motorcycle collisions, falls, and workplace incidents.
Car accidents rank among the leading causes of concussions. The sheer force of impact during a collision can jolt the head violently, causing the brain to hit the skull. Even at moderate speeds, abrupt stops or collisions can lead to concussions.
Similarly, truck accidents pose a significant threat. Given the size and weight of commercial trucks, collisions involving them can be devastating. The force in such accidents can easily cause concussions, and the risk of injury further increases when trucks roll over or jackknife.
Motorcycle collisions present another common cause of concussions. Unlike cars, motorcycles lack protective enclosures and safety features, leaving riders more exposed to injury. Even with helmets, riders are susceptible to concussions upon impact. High-speed crashes or collisions with fixed objects like guardrails or trees can result in severe head trauma.
Accidents leading to concussions are also common in the workplace. Industries involving manual labor, construction, or machinery operation carry inherent risks. Falls from heights, being struck by falling objects, or accidents involving heavy machinery can all lead to head injuries.
Moreover, sports-related concussions are common, especially among adolescents and young adults. Contact sports such as football, soccer, and hockey pose inherent risks of head injuries due to collisions, tackles, or falls.
If you have suffered a concussion injury in one of these circumstances, a personal injury attorney in your area can determine your eligibility for filing a personal injury or workers’ compensation claim and take the appropriate steps on your behalf.
Medical Treatment for Concussions
Treating a concussion involves careful management to alleviate symptoms and promote recovery. While most concussions heal on their own with time and rest, certain medical treatments can aid in symptom management and expedite the recovery process. The most important types of medical treatment for a concussion injury include rest, cognitive rest, pain management, and monitoring for complications.
Rest is paramount in the initial stages of concussion management. This entails both physical and cognitive rest, meaning refraining from activities that strain the body or the brain. Physical rest involves avoiding strenuous physical activities, including sports and exercise, to allow the brain to heal. Cognitive rest involves limiting activities that require concentration or mental exertion, such as reading, using screens, or studying. Adequate rest allows the brain to recover without additional stress or strain.
Pain management is another crucial aspect of concussion treatment, especially in cases where headaches are prominent. Over-the-counter pain relievers such as acetaminophen or ibuprofen may help alleviate headache pain. However, it is important to consult a healthcare professional before taking any medication, as certain drugs, such as aspirin, can increase the risk of bleeding.
Monitoring for complications is essential, particularly in cases of severe concussion or prolonged symptoms. Symptoms such as worsening headaches, persistent dizziness, confusion, nausea, vomiting, seizures, or changes in behavior or consciousness may indicate a more serious injury requiring immediate medical attention. Regular follow-up appointments with a healthcare provider are important to assess progress and ensure appropriate management.
In some cases, specialized treatments may be necessary based on individual symptoms and needs. These may include vestibular therapy for balance and dizziness issues, vision therapy for visual disturbances, or cognitive rehabilitation for cognitive deficits.
If you sustained a concussion injury in a motor vehicle or workplace accident, an experienced personal injury attorney in your area can handle the legal components of filing a claim or lawsuit on your behalf while you focus on attending medical appointments and recovering from your injury.
How to Legally Prove a Concussion Injury Case
Proving a personal injury or workers’ compensation claim involving a concussion injury requires gathering evidence and establishing a clear connection between the injury and the incident. While the specifics may vary depending on the jurisdiction and the circumstances of the case, several key steps can help strengthen the legal case.
Documentation is essential in supporting a concussion injury claim. This includes medical records documenting the diagnosis, treatment, and prognosis of the concussion. It is crucial to seek medical attention promptly after the injury and follow the prescribed treatment plan, as gaps in medical care can weaken the case. Medical records should also detail any ongoing symptoms, functional limitations, or impairments resulting from the concussion.
Witness testimony can provide valuable corroboration of the incident and its consequences. Eyewitness accounts of the accident or coworkers who observed the injury at the workplace can help establish the cause and severity of the concussion. In addition, testimony from medical experts, such as neurologists or neuropsychologists, can lend credibility to the diagnosis and prognosis of the injury.
Physical evidence, such as photographs of the accident scene or equipment involved, can provide tangible proof of the circumstances surrounding the concussion. For workplace injuries, incident reports filed with the employer or relevant regulatory agencies can serve as official documentation of the event. It is important to preserve any evidence related to the incident to prevent loss or tampering.
In cases of disputed liability, an attorney for the injured may use surveillance footage or expert accident reconstruction analyses to reconstruct the sequence of events leading to the concussion. These types of evidence can help establish fault and liability, particularly in situations where negligence or unsafe conditions contributed to the injury.
Legal representation is crucial in navigating the complexities of personal injury or workers’ compensation claims involving concussion injuries. An experienced personal injury attorney can provide guidance on the applicable laws, statutes of limitations, and legal strategies to pursue maximum compensation for damages. They can also advocate on behalf of the injured party in negotiations with insurance companies or represent them in court if litigation becomes necessary.
Should I Settle or Litigate a Concussion Case?
Deciding whether to settle or litigate a concussion injury claim is a crucial decision that requires careful consideration of various factors. Settlement offers the opportunity for a quicker resolution and guaranteed compensation, while litigation involves pursuing the claim through the court system, which can be time-consuming and uncertain. Several key factors should be weighed when making this decision.
First, evaluating the severity and long-term effects of the concussion injury is important. If the injury is minor and the recovery is expected to be relatively straightforward, settling the claim may be a viable option. However, if the concussion has resulted in significant medical expenses, lost income, or permanent impairment, litigating the claim may be necessary to pursue adequate compensation to cover these damages.
The strength of the evidence supporting the claim is another important consideration. If there is clear documentation of the injury, medical records detailing diagnosis and treatment, witness testimony corroborating the incident, and compelling physical evidence, it may strengthen the position for litigation. On the other hand, if the evidence is less conclusive or the involved parties dispute liability, settling the claim may be a more practical option to avoid the risks and uncertainties of trial.
In addition, the claimant must take into account the willingness of the opposing party to negotiate and offer a fair settlement. If the insurance company or responsible party is cooperative and willing to offer a settlement that adequately compensates for the damages, settling the claim may be preferable to avoid the time and expense of litigation. However, if the opposing party is unwilling to offer a reasonable settlement or disputes liability, litigation may be necessary to pursue the full extent of compensation available.
Financial considerations play a significant role in the decision-making process as well. Litigation can be costly, with expenses including attorney fees, court fees, expert witness fees, and other legal expenses. If the potential costs of litigation outweigh the expected compensation, settling the claim may be a more prudent choice. Conversely, if the potential compensation from litigation far exceeds the costs, pursuing the claim through litigation may be justified.
The decision to settle or litigate a concussion injury claim depends on the unique circumstances of the case, including the severity of the injury, the strength of the evidence, the willingness of the opposing party to negotiate, and the financial considerations involved. Seeking guidance from an experienced attorney can help injured individuals make informed decisions and pursue the best course of action to achieve a favorable outcome.
Recovering Compensation for a Concussion
When a person sustains a concussion injury, they may be entitled to various forms of compensation to help address the physical, emotional, and financial effects of their injury. These compensations are designed to assist the victim in recovering from their injury and adapting to any long-term consequences. Several key types of compensation that a concussion injury victim may be eligible to recover include:
- Medical Expenses — This compensation covers the costs associated with medical treatment for the concussion injury. It includes expenses such as hospital bills, doctor’s visits, diagnostic tests, medication, rehabilitation therapy, and any necessary assistive devices. Both past and future medical expenses related to the injury may be compensable.
- Lost Income — If the concussion injury prevents the victim from working, they may be entitled to compensation for lost income. This includes income lost during the recovery period as well as any future earnings that they would have earned but for the concussion injury. If the injury results in a permanent disability that affects the victim’s ability to work long-term, the victim may also pursue compensation for loss of earning capacity.
- Pain and Suffering — Compensation for pain and suffering acknowledges the physical discomfort, emotional distress, and diminished quality of life the victim experienced as a result of the concussion injury. This type of compensation aims to provide financial support for the intangible losses and hardships the victim endured.
- Disability and Impairment — If the concussion injury results in a permanent disability or impairment that affects the victim’s ability to perform daily activities or work, they may be eligible to receive compensation for disability benefits or impairment damages. This compensation intends to address the long-term consequences of the injury and provide financial assistance for ongoing care and accommodations.
- Loss of Consortium — In cases where the concussion injury has a significant effect on the victim’s relationships with their spouse or other family members, they may pursue loss-of-consortium compensation. This type of compensation acknowledges the negative effects of the injury on the victim’s emotional and interpersonal relationships.
- Punitive Damages — In certain cases involving extreme negligence or intentional harm, the victim may pursue punitive damages as a form of punishment and deterrent for the responsible party. However, the injured victim typically receives punitive damages only in cases where the accused’s conduct is particularly reckless or egregious.
A skilled personal injury attorney can help concussion victims understand their rights and pursue the full compensation they deserve.
Call an Experienced Concussion Injury Lawyer Today
If you sustained a concussion injury in a recent accident, an experienced personal injury lawyer can review your circumstances and discuss your options. Those options may include filing a personal injury claim or lawsuit or pursuing a workers' compensation claim if you suffered your concussion while working at your job.
Your attorney will do everything possible to maximize your overall compensation, including aggressively negotiating with insurance company representatives or litigating your case through the state court system.
