Can You File a Lawsuit for a Concussion?

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 a concussion injury.

Filing a Personal Injury Claim if Another Person Caused the Injury

If you sustained a concussion as a result of the negligent actions of another party, then you may be able to file a claim against that other party. 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

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

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. 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 personal injury lawyer 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.

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