If you have sustained a concussion due to the negligence of another party, it’s essential to understand that it is one of the most misunderstood forms of traumatic brain injury (TBI). Some victims often resume their everyday responsibilities, believing rest alone will resolve the issue. Sometimes, this is the case, but often it is not. Concussions can have far-reaching repercussions that can affect your ability to earn a living and care for your family.
Contact us at Friedman, Levy, Goldfarb, Green & Bagley to schedule a free consultation and learn more about your rights to pursue compensation for your damages and losses sustained in the accident. We are one of the premier personal injury law firms in New York City and are committed to seeking justice for our clients.
What Is a Concussion?
Concussions are caused by a blow to the head or a fall. It can affect your memory, judgment, reflexes, muscle coordination, and other symptoms. You may experience a brief period of amnesia. A concussion doesn’t usually cause permanent brain damage, but it can take days or weeks to recover. The American Association of Neurological Surgeons (AANS) warns that despite lower risk, “minor concussions” do not exist.
Consequently, if you experience symptoms or otherwise suspect you or a loved one has a concussion, seek medical care immediately.
Common symptoms include the following:
- Headache
- Sensitivity to light or noise
- Problems with balance
- Dizziness
- Nausea or vomiting
- Memory problems
- Confusion or problem concentrating
Causes of a Concussion
As noted, blunt-force trauma to the head is the most common cause of a concussion.
The most common causes include the following:
- Traffic accidents
- Slip-and-fall accidents
- Physical assault
- Contact sports, such as boxing
- Other sports, such as tennis, baseball, or football
The AANS reports that rapid head movements can also cause concussions. Examples provided included blasts from an explosion or whiplash during a car crash.
Potential Complications of a Concussion
The Mayo Clinic warns that persistent post-concussive symptoms may develop, triggering additional health issues such as migraines. Symptoms can also include insomnia, balance, and mental health issues. The risks for developing this include the age of the victim and the gender—as women are more likely to suffer from this. Because it can last for weeks or even months, seeing your healthcare provider and conferring with a lawyer is essential. Working, caring for your children, driving, or performing other everyday tasks may be impossible.
Your Legal Rights After a Concussion
If the negligence of another party caused the accident and your subsequent injuries, you might wonder, can I sue for a concussion? An experienced attorney can review your case to see if you have a viable personal injury claim.
Most cases will settle out of court. However, your lawyer might recommend a concussion brain injury lawsuit if negotiations fail because you were not offered fair and reasonable compensation for your losses. Whether you settle outside of court or during a trial, you may be entitled to the following damages:
- Economic Damages. Economic damages are tangible losses that your attorney can calculate or prove easily through documentation. Examples include medical bills, lost wages, and other out-of-pocket expenses related to the injury.
- Non-Economic Damages. Non-economic damages or pain and suffering are more subjective, such as loss of independence, loss of enjoyment of life, chronic pain, or trauma.
The Legal Process After a Concussion
Our brain injury lawyer in New York City can guide you through every stage of the legal process. The exact steps of your case will be based on the details, such as the cause of the concussion and whether gross negligence or malicious intent played a role.
Here is what you can expect:
- Consultation: We can review your case details and medical records during a free consultation. It is your opportunity to ask questions and get a clear understanding of the process.
- Investigation: Our team will conduct a thorough investigation to collect all necessary evidence to support your case. This may include police reports, medical records, CCTV footage, or witness statements.
- Claim Filing: We handle the paperwork for filing the claim against the negligent party.
- Compensation: We aim for the highest possible settlement in negotiations with the defendant and their insurer or lawyer. We represent you in court if they do not offer a fair and reasonable amount. Our attorney presents evidence and argues on your behalf.
Contact Us for a Free Consultation
If another party’s negligence caused your concussion, e.g., a car crash or slip and fall, they will likely seek legal representation to reduce or avoid liability. We will work hard to fight for your right to a damages award that covers your losses. Call today to schedule a free consultation with our team at Friedman, Levy, Goldfarb, Green & Bagley to get started. We work on a contingency basis, so there are no upfront legal fees.