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Can You File a Lawsuit for a Concussion?

LEGALLY REVIEWED BY:
Callahan & Blaine
April 4, 2025

Individuals can sustain concussions in a wide variety of ways, and it is important to understand that these are considered mild traumatic brain injuries. Even though most individuals make full recoveries after a concussion, that is not always the case. There could be several long-term complications associated with these injuries, and repeated concussions could lead to a more severe TBI. Here, we want to discuss whether or not you can sue other individuals after sustaining concussion injuries.

Understanding Traumatic Brain Injuries

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when the brain sustains damage due to a sudden impact or force to the head. These injuries can result from various incidents, including car accidents, falls, sports injuries, and acts of violence. TBIs can range from mild to severe, significantly affecting an individual’s quality of life.

Traumatic brain injuries are classified into different types, such as concussions, contusions, and penetrating injuries. Concussions, often referred to as “mild” brain injuries, are the most common type of TBI. However, it’s crucial to understand that even mild TBIs can have serious consequences and should never be taken lightly. Whether the injury stems from a motor vehicle crash or a sports-related incident, the impact on the brain can lead to lasting effects that require immediate and thorough medical attention.

Causes of Concussions

Common Causes of Concussions

Concussions can result from various situations, each posing a unique risk to the individual. Some of the most common causes include:

  • Car accidents: During a car accident, the head can be impacted by the airbag, steering wheel, or windshield, leading to a concussion.
  • Falls: Falls are a significant cause of concussions, particularly among older adults and young children who may be more vulnerable to head injuries.
  • Sports injuries: Contact sports like football, hockey, and soccer carry a higher risk of concussions due to the physical nature of these activities.
  • Violence: Physical abuse, assault, and domestic violence can all result in concussions, highlighting the need for immediate medical and legal intervention.
  • Workplace accidents: Concussions can occur in the workplace due to falls, equipment malfunctions, and other accidents, emphasizing the importance of safety protocols.

If you or someone you know experiences a head injury, it’s essential to seek medical attention immediately. Early diagnosis and treatment can help prevent long-term consequences and improve overall outcomes.

Concussion Symptoms and Diagnosis

Recognizing Concussion Symptoms

Concussion symptoms can vary widely from person to person and may not always be immediately apparent. Common symptoms include:

  • Headache
  • Dizziness or loss of balance
  • Nausea and vomiting
  • Confusion and disorientation
  • Memory loss and difficulty concentrating
  • Mood changes, such as irritability and anxiety
  • Sleep disturbances

If you or someone you know is experiencing any of these symptoms following a head injury, it’s crucial to seek medical attention right away. A healthcare professional can perform a physical examination, review medical records, and conduct diagnostic tests to determine the severity of the concussion.

In some cases, a concussion can lead to post-concussion syndrome (PCS), a condition characterized by ongoing symptoms that can last for weeks, months, or even years. Persistent symptoms warrant further medical evaluation to rule out any underlying conditions contributing to the ongoing issues.

Remember, when it comes to head injuries, it’s always better to err on the side of caution. Early diagnosis and treatment can help prevent long-term consequences and improve outcomes, ensuring the best possible recovery for concussion victims.

Filing a Personal Injury Claim if Another Person Caused the Injury

If you sustained a concussion as a result of someone else’s negligence, then you may be able to file a claim against that other party. Filing a concussion lawsuit can help victims secure compensation for their injuries and associated costs. Concussions can be caused in a variety of ways due to the negligence of others. For example, some of the most common causes of concussions that lead to injury claims include the following:

  • Car accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Defective product incidents
  • Premises liability incidents
  • Swimming pool or hot tub accidents
  • Sports injuries

If another party was indeed negligent, and this negligence can be established through evidence, then the claim may be successful. Individuals who are successful with a concussion claim may be able to recover various types of compensation.

Types of Compensation Available for Medical Bills

Both economic and non-economic damages may be available if a concussion accident claim is successful against another party.

In severe cases, concussions can lead to permanent brain damage, necessitating extensive medical care and support.

Economic damages include calculable losses concussion victims are likely to sustain, such as:

  • Medical bills associated with the injury
  • Lost income if a person cannot work while recovering
  • Assistance with household out-of-pocket expenses
  • Property damage losses (if any property was damaged in the incident)

Non-economic damages are not quite as calculable as the economic damages just mentioned. These types of losses revolve around a concussion victim’s physical and emotional pain and suffering caused by the concussion and the aftermath.

Why Concussions Need to be Taken Seriously

Concussions must be taken seriously. Concussions are a form of head trauma that can have serious consequences if not properly treated. According to the Centers for Disease Control and Prevention (CDC), the effects of a mild TBI or concussion can be serious. Individuals must be seen by a medical provider if they suspect they have sustained a concussion. Untreated concussions could lead to issues with learning, concentration, memory, and problem-solving skills. Individuals are generally prescribed a period of rest, with a gradual return to both physical and cognitive activity over the course of days or weeks. Failing to adequately treat a concussion could lead to long-term signs and symptoms as well as a susceptibility to more severe concussions should the person sustain another bump or blow to the head or body.

Working With a Personal Injury Lawyer

We strongly recommend that individuals work with a skilled Santa Ana personal injury attorney if they sustain any type of concussion or brain injury caused by the actions of another party. An attorney can examine the claim and help determine the best steps to recover compensation. This may include filing an insurance claim against another party, but this could also mean filing a third-party personal injury lawsuit in civil court.

Personal injury attorneys have the specialized knowledge needed to navigate the complexities of concussion lawsuits and secure the best possible outcomes for their clients.

A Santa Ana brain injury attorney will examine your situation and help give you an idea of the best path to take for your particular situation.

Get the Compensation You Deserve After a Concussion with Callahan & Blaine

If you or a loved one has sustained a concussion due to someone else’s negligence, it’s important to take immediate action. At Callahan & Blaine, we have over 40 years of experience helping victims of traumatic brain injuries recover the compensation they need for medical bills, lost wages, and pain and suffering. Our skilled attorneys specialize in concussion and brain injury cases and can help you navigate the legal process with confidence.

Don’t let the long-term effects of a concussion impact your life. Contact us today to speak with an experienced personal injury attorney who will evaluate your case and help you understand your legal options. Call us at (714) 241-4444 or reach out through our contact form for a consultation.

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Legally reviewed by:
Callahan & Blaine
April 4, 2025

Callahan & Blaine, established in 1984, is a leading litigation firm with a legacy of delivering exceptional results for our clients. With over 700 years of combined trial experience and a proven track record of more than $1 billion in verdicts and settlements, our team of highly recognized attorneys specialize in handling complex and high-stakes civil cases with unparalleled efficiency and skill.

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