A concussion might seem like a minor injury at first. However, the effects can linger for many people, causing long-term complications that disrupt daily life. If you’ve suffered a concussion due to someone else’s negligence and now face severe challenges like mounting medical bills, lost wages, or ongoing health issues, it’s natural to wonder if you have the right to seek compensation. Understanding whether your injury qualifies for a personal injury claim is the first step toward finding relief.
Why Concussions Can Lead to Bigger Problems
A concussion is a type of traumatic brain injury (TBI) that occurs when a blow to the head or sudden jolt disrupts normal brain function. While some people recover quickly, others face what’s known as post-concussion syndrome, with symptoms persisting for weeks, months, or even years.
Common long-term effects include:
- Chronic headaches or migraines
- Memory problems and trouble concentrating
- Mood changes like depression, anxiety, or irritability
- Fatigue and sleep disruptions
- Sensitivity to light or sound
These complications can make working, maintaining relationships, or handling everyday tasks hard, creating financial and emotional stress.
If your concussion was caused by someone else’s negligent actions—like a car accident, workplace injury, or slip and fall—it’s worth exploring whether you may qualify for compensation through a legal claim.
Does Your Injury Qualify for a Personal Injury Claim?
The first question to ask is whether someone else is legally responsible for your concussion. To determine this, your case needs to meet certain criteria:
1. Negligence Was Involved
Negligence happens when someone fails to act with reasonable care, and their failure harms another person. For example:
- If you were in a car accident, was the other driver speeding, distracted, or under the influence?
- If you were injured on someone else’s property, did dangerous conditions like a wet floor or poor lighting contribute to your fall?
- If your injury happened at work, were proper safety measures overlooked?
Your attorney will investigate the circumstances of your accident to determine whether negligence played a role.
2. You Have Proof of Harm
A concussion might not show up on an X-ray or scan, making it challenging to prove. However, medical records, doctor testimony, and evidence of missed work or reduced quality of life can demonstrate the impact of your injury. The link between the injury and the accident must be clearly established.
3. The Claim is Filed Within the Statute of Limitations
Each state has a time limit for filing personal injury claims, known as the statute of limitations. It’s important to seek legal guidance quickly to ensure your claim is filed before the deadline.
What Compensation Could You Be Eligible For?
If your claim is successful, you could recover compensation for:
- Medical Expenses: This includes hospital visits, diagnostic tests, medications, physical therapy, and future medical care.
- Lost Wages: If your concussion kept you from working, you can seek compensation for wages lost during your recovery and in cases of reduced earning capacity.
- Pain and Suffering: Ongoing physical and emotional distress from your injury may be compensable.
- Out-of-Pocket Costs: Cognitive therapy, mental health treatment, assistive devices, and other injury-related expenses could also be included.
How a Personal Injury Attorney Can Help
Navigating the legal process after suffering a concussion can feel daunting. A personal injury attorney can help you determine whether your injury qualifies for a claim and guide you through every step of the process. Here’s how they assist:
1. Building a Strong Case
Proving the severity of a concussion is often one of the biggest challenges in personal injury cases. An attorney will collect evidence such as medical records, accident reports, witness statements, and expert opinions to demonstrate the full impact of your injury.
2. Valuing Your Claim
Quantifying damages like future medical costs and pain and suffering requires expertise. Your lawyer will calculate a fair compensation amount that reflects your current and future needs.
3. Dealing with Insurance Companies
Insurance adjusters often downplay the seriousness of concussions to minimize payouts. An attorney will handle negotiations, ensuring you receive a fair settlement rather than a lowball offer.
4. Representing You in Court
If a fair settlement can’t be reached, your attorney will represent you in court, advocating for your rights and presenting a compelling case to a judge or jury.
What Steps Should You Take After a Concussion?
If you’ve sustained a concussion and suspect someone else is at fault, here are some immediate steps to protect your rights:
- Seek Medical Attention Immediately: A full evaluation is critical, even if the injury seems mild. Follow all treatment recommendations and maintain records of your care.
- Document Your Experience: Write down how the concussion is affecting your life. This includes symptoms, missed work or school, and any daily challenges you face.
- Gather Evidence: If possible, gather photos, witness names, incident reports, and other evidence from the accident scene.
- Consult a Personal Injury Attorney: Acting quickly helps ensure you meet any legal deadlines, and an attorney can evaluate the strength of your case early on.
Head and Brain Injury Attorney
Navigating the complexities of concussion-related claims can be daunting, but with the right information and support, individuals can successfully seek the compensation they deserve. At Kemmy Law Firm, P.C., we are committed to helping individuals in San Antonio, TX, understand their legal rights and pursue justice for their injuries. Our experienced team of personal injury lawyers is dedicated to providing compassionate and knowledgeable representation for concussion-related cases. If you or a loved one has suffered a concussion due to another party's negligence, we encourage you to contact us at (830) 264-6297 for a consultation. Let us help you navigate the legal process and secure the compensation you need for your recovery.
