Concussion injury claims allow individuals who’ve suffered head trauma because of someone else’s actions to pursue financial recovery. These claims fall under personal injury law and often involve situations like car accidents, workplace injuries, or slips and falls.
Concussions affect millions of people each year. However, many cases go unreported or untreated. Symptoms aren’t always obvious at first, and without visible injuries, many people dismiss their head trauma as minor. Unfortunately, this can lead to serious health consequences over time.
For anyone dealing with the aftermath of a brain injury, legal representation can make a real difference. A personal injury lawyer can help you collect the compensation you deserve and protect you from insurance tactics designed to lower payouts.
Read on to discover what goes into a successful concussion injury claim. You’ll learn how much money you might be entitled to, how the legal process works, and what evidence makes your case stronger. If you or someone you care about suffered a concussion caused by someone else, reach out to a personal injury lawyer near you for a free consultation.
Understanding Concussion Injuries
A concussion is a mild traumatic brain injury (TBI). While many people recover within a few weeks, others face lasting symptoms that disrupt work, school, and daily life.
Medical Definition and Symptoms
Doctors define a concussion as a brain injury caused by a bump, blow, or jolt to the head or body. This force causes the brain to move inside the skull, leading to chemical changes and possible cell damage.
Common symptoms include:
- Headache
- Dizziness
- Nausea or vomiting
- Blurred vision
- Sensitivity to light or noise
- Trouble concentrating or remembering
- Mood swings
- Sleep disturbances
These symptoms may appear right away or develop slowly over several hours or days.
Long-term Effects and Complications
Most people recover fully, but some develop post-concussion syndrome. This condition involves symptoms that last for weeks or months. In rare cases, repeated concussions may cause permanent brain damage.
People with long-term complications may deal with memory problems, chronic headaches, and emotional difficulties. These effects can make it harder to work or enjoy everyday activities.
What Types of Accidents Lead to Concussion Claims?
Several common accident types cause head trauma that leads to legal claims.
Motor Vehicle Accidents and Brain Injuries
Rear-end collisions, rollovers, and side-impact crashes often cause the head to jerk suddenly. Even when airbags deploy, the force can cause a concussion.
Workplace Concussion Claims
Falls from ladders, getting hit by objects, or slip-and-falls at work may lead to a brain injury. These claims may fall under workers’ compensation or a third-party liability case, depending on who caused the incident.
Slip and Fall Head Injuries
Uneven floors, wet surfaces, or poorly maintained stairways can cause people to hit their heads when they fall. Businesses and property owners may be held responsible if they failed to fix or warn about hazards.
Sports-Related Concussion Liability
Schools, coaches, and athletic organizations have a duty to protect athletes. If they ignore safety rules, use faulty gear, or return players to the field too soon, they may be liable for concussion injuries.
Medical Malpractice and Misdiagnosed Concussions
Doctors who fail to diagnose or treat a concussion properly may face malpractice claims. Early treatment can prevent further damage, so delays or missteps carry serious consequences.
Why Concussions Are Often Misdiagnosed
Concussions don’t always show up on CT scans or MRIs. Many doctors rely on symptom reports and physical exams, which may not reveal the full extent of the injury. Some people don’t realize they’ve been injured until symptoms start affecting their lives. That’s why accurate records and follow-up care are so important.
How Much Compensation Can I Get for a Concussion?
Every concussion case is different. The severity of the injury, how it affects your life, and who caused it all play roles in determining compensation.
You may recover money for:
- Medical bills (past and future)
- Lost wages and reduced ability to earn income
- Pain and discomfort
- Mental distress
- Loss of enjoyment of life
In some cases, spouses or children may also receive compensation for how the injury affects their relationship with you.
How Are Concussion Claims Valued?
The value of your case depends on your actual expenses and the harm you suffered. Insurance companies look at your medical records, job history, and how the injury changed your daily life.
They often start low to test whether you’ll accept a quick payout. A strong legal claim helps push the settlement higher by showing exactly what you’ve lost.
Factors That Increase Settlement Amounts
Several things can raise the value of a concussion claim:
- Extended recovery period
- Inability to return to work
- Need for long-term care or therapy
- Proof of emotional or psychological effects
- Strong medical evidence
- Liability by a company or commercial entity
Legal Grounds for Concussion Injury Claims
To hold someone legally responsible for your concussion, you’ll need an attorney to show another party acted carelessly and caused your injury.
Establishing Negligence in Concussion Cases
Negligence means someone didn’t act with reasonable care. For example:
- A driver ran a red light
- A store failed to clean a wet floor
- An employer ignored safety hazards
When this behavior causes a concussion, the injured person may file a claim.
Proving Causation Between Accident and Injury
Your attorney needs to show that the accident caused your concussion. Lawyers often use medical records, accident reports, and testimony from doctors to link the head injury directly to the event.
Statute of Limitations for Brain Injury Claims
Every state sets a time limit to file a personal injury claim. For example, Texas allows you two years from the date of the injury to file a personal injury lawsuit in court. Missing that deadline could mean losing the chance to collect anything.
However, certain exceptions exist, such as the discovery rule. In these cases, the clock starts ticking on the date you discovered your injury. Head trauma cases often qualify since the victim may not have known they were injured (or the full extent of their injury) until some time later.
Comparative Fault and Its Impact on Your Case
If you share some blame for the accident, your compensation might be reduced. For example, if you were 20% responsible, you’d receive 80% of the damages. States use different rules, so your lawyer can explain how they apply to your situation.
What Evidence Do I Need to Win My Concussion Case?
Building a strong case takes more than just saying you’re hurt. The right evidence shows the truth behind your injury.
Essential Medical Documentation
Collect and save:
- Emergency room reports
- Neurologist evaluations
- Imaging results (if available)
- Treatment plans and prescriptions
- Therapy notes
Keep a symptom journal to track how the injury affects you day-to-day.
Witness Statements and Accident Reports
Statements from people who saw the accident, along with police or incident reports, help confirm what happened. Photos of the scene and visible injuries can also support your case.
Expert Medical Testimony
Testimony from a doctor or brain injury specialist confirms your diagnosis and explains how the concussion affects your life. This adds credibility to your claim.
Documenting Lost Wages and Life Impact
Gather pay stubs, tax records, or employer letters to prove lost income. Include information about job duties you can no longer perform. Statements from family or coworkers about changes in mood or behavior also help show how your life has changed.
The Concussion Claim Process
Concussion cases follow a basic path from investigation to settlement or trial.
Initial Case Evaluation and Investigation
After your first consultation, your lawyer will review your records and start investigating. This includes gathering evidence, speaking with witnesses, and building a legal strategy.
Filing Your Injury Claim
Your attorney sends a demand letter to the at-fault party or their insurance company. This letter explains what happened, your injuries, and how much compensation you’re seeking.
Negotiation with Insurance Companies
Most cases settle during this phase. Insurance adjusters may offer less than your case is worth. Your lawyer pushes back with evidence to justify a higher settlement.
When Cases Go to Trial
If the insurer refuses to pay fairly or denies fault, your case may go to court. A judge or jury then decides the outcome. Trials take longer but can lead to higher compensation when the facts are strong.
Why Do I Need a Lawyer for My Concussion Claim?
Legal help boosts your chance of receiving full compensation and shields you from insurance games.
How Attorneys Maximize Your Compensation
Lawyers know how to uncover all possible damages and back them with solid evidence. They calculate your losses and push for a resolution that reflects your injuries and their impact.
Dealing with Insurance Company Tactics
Insurance adjusters may downplay your symptoms, question your medical care, or pressure you to settle early. A lawyer steps in to handle these conversations and keep your claim on track.
Access to Medical Experts and Specialists
Legal teams often work with doctors, neurologists, and therapists who can explain the nature of your injury. These professionals help validate your claim in ways that carry weight with insurers and in court.
Contingency Fee Arrangements
Most personal injury lawyers work on a contingency fee basis. That means they don’t get paid unless they secure compensation for you. This setup lets you pursue a claim without paying legal fees upfront.
Common Challenges in Concussion Cases
Concussions are known as "invisible injuries," which can make them harder to prove.
Invisible Injury Syndrome
Unlike broken bones or visible wounds, concussions don’t always show on imaging tests. This gives insurance companies room to argue your injury isn’t serious.
Pre-existing Condition Arguments
If you’ve had previous head injuries or mental health issues, insurers may blame your symptoms on those instead of the recent accident. A good legal strategy shows the difference.
Delayed Symptom Onset Issues
Symptoms don’t always appear immediately. That delay can give insurers a reason to say the injury came from something else. Prompt documentation and medical follow-ups help fill that gap.
Insurance Company Denial Strategies
Some adjusters claim your concussion is minor, even if your symptoms suggest otherwise. They may also deny liability outright. An experienced lawyer helps counter those tactics with facts and testimony.
Concussion Injury Claim FAQs
Can I still file a claim if I didn't seek immediate medical attention?
Yes, but the delay may affect how insurers view your case. Medical records that link your symptoms to the accident help bridge that gap.
What if my concussion symptoms appeared days after the accident?
That’s common with head injuries. Keep track of when symptoms began and seek care as soon as you notice changes.
Do I need to prove the other party was 100% at fault?
Not always. You can still recover damages if the other party was mostly responsible. The amount you receive may depend on how much fault you share.
What if the insurance company says my concussion is minor?
A doctor’s records, therapy notes, and daily life impacts help prove otherwise. Your attorney can challenge lowball claims.
Can I file a claim for a concussion from a workplace accident?
Yes. You may file a workers’ comp claim or file a lawsuit against a third party, depending on how the injury happened.
What happens if I had a previous head injury?
You can still file a claim. Just be ready to show how this injury made things worse or added new symptoms.
Claim or Start My Free Investigation
The team at Suits & Boots Accident Injury Lawyers has helped many clients recover damages for head injuries caused by someone else’s actions. We know what it takes to build a concussion case that insurance companies take seriously.
Our legal team doesn’t stop at the first offer. We dig into your medical records, work with brain injury professionals, and make sure your voice is heard. Whether your case settles quickly or heads to court, we fight to make sure you receive full and fair compensation for what you’ve endured.
You don’t have to go through this alone. Contact us today to schedule a free consultation and find out how we can help with your concussion injury claim.