Concussion Injury

Concussions are often referred to as “mild traumatic brain injuries” or mild TBIs. The term “mild” makes the head trauma sound minor. However, a concussion injury can have long-term symptoms and lasting effects that disrupt a victim’s life. A Queens personal injury lawyer can help you seek compensation if you’re dealing with losses due to a concussion injury. Learn more here.

What Is a Concussion Injury?

According to the Centers for Disease Control and Prevention, a concussion can be caused by a bump, jolt, or blow to the head. It is a form of traumatic brain injury.

A concussion can also occur when the head is violently shaken or jerked back and forth. The movement causes the brain to “bounce” within the skull, striking the bone in one or more locations.

The treatment for a concussion generally includes rest and time. Mild concussions typically heal without further medical intervention within a few weeks.

However, concussions can disrupt brain function, resulting in cognitive, emotional, and physical symptoms that could last months or years. An individual might require medications, surgery, and rehabilitation for severe concussions.

What Are the Effects of a Concussion Injury?

Depending on the severity of the concussion, a person could experience mild to severe symptoms immediately after an injury or over the next few days.

Signs and symptoms of a concussion include:

• Headaches
• Blurred vision
• Loss of consciousness
• Dizziness
• Tinnitus (ringing in the ears)
• Nausea
• Slurred speech
• Loss of coordination and/or dexterity
• Confusion
• Lethargy or fatigue
• Lightheadedness
• Problems with attention, memory, thinking, or concentration
• Changes in mood, sleep patterns, and behavior

It is crucial to seek immediate medical attention for a brain injury. Mild symptoms could worsen, indicating that the brain injury is not as “mild” as you might have assumed. Repeated bouts of nausea or vomiting, seizures, convulsions, weakness or numbness in the legs or arms, and increased confusion or agitation could indicate a severe brain injury.

Some individuals may suffer from postconcussive syndrome (PCS). Common symptoms include emotional, physical, behavioral, and cognitive changes. Instead of a concussion resolving itself in 10 or 14 days, symptoms last much longer. PCS occurs when the accident victim experiences concussion symptoms for over three months.

Research has shown that mild TBIs or concussions that result in PCS can have long-term effects. The result could be an impairment that affects the person’s ability to work or perform daily activities necessary to care for themselves and their family.

How Are Concussions Rated for Severity?

Doctors use various diagnostic tools to identify concussions and traumatic brain injuries. Doctors typically use the Glasgow Coma Scale (GCS) to rate a concussion as mild, moderate, or severe.

The test measures a person’s:

• Motor response
• Eye response
• Verbal response

Doctors generally consider the loss of consciousness for any length of time as an indication of a severe concussion. Depending on the person’s score on the GCS and other symptoms, the doctor might perform additional imaging tests to determine the extent of the head injury, including MRIs, CT scans, and x-rays.

What Are Common Causes of a Concussion Injury?

A concussion injury generally occurs when the person receives a blunt force injury to the head. It is called a closed head injury because there is not a penetrating injury. However, there could be bruising and lacerations.

A concussion can also be caused when the head is jerked violently. Examples could include a fall or an explosive blast.

Accidents that can cause blunt force trauma include, but are not limited to:

• Car accidents and other motor vehicle accidents
• Falls
• Workplace accidents
• Recreational activities
• Playing a sport, such as football
• Pedestrian accidents
• Motorcycle crashes
• Construction accidents
• Bicycle accidents

Individuals who have sustained prior concussion injuries are at a higher risk of sustaining another concussion in an accident. However, that does not mean the person who caused the current accident is not liable for damages. Being more likely to suffer a concussion does not release liability for causing an injury.

How Do You Recover Compensation for a Concussion Injury?

Injury and accident victims have the burden of proving that another party caused their injury before they can recover compensation for damages. A Queens brain injury lawyer will handle the accident investigation and gather evidence proving causation and fault for the accident that resulted in your brain injury.

Once your lawyer establishes liability for a concussion injury, they will demand full compensation for all damages you sustained.

In most cases, personal injury victims can recover reimbursement for their economic damages, including:

• The cost of medical treatment and care
• The loss of income, wages, salaries, and benefits
• Out-of-pocket expenses and costs
• The cost of physical therapy, occupational therapy, and other forms of rehabilitation
• Assistance with household chores and personal care

You could also be entitled to future damages if you sustain a permanent impairment from a concussion. These damages could include compensation for ongoing medical treatment, personal care, long-term nursing care, and future loss of earning capacity.

Additionally, you can recover compensation for your non-economic damages.

Pain and suffering damages include:

• Physical suffering and pain
• Mental anguish and trauma
• Permanent disabilities and impairments
• Loss of enjoyment of life
• Emotional distress
• A decrease in your quality of life

Typically, as the severity of your concussion increases, the value of your damages increases. For example, a person with a severe concussion might require extensive rehabilitative therapy. They may also be out of work for longer periods of time, or they might not be able to earn as much as they did before the concussion.

Your lawyer might work with medical specialists and other expert witnesses to determine the extent of your damages. They’ll work to hold the at-fault party financially accountable for all damages you sustain.

Can I Recover Compensation for a Concussion If I Am Partly to Blame?

New York has a pure comparative fault standard for personal injury cases. An injured party is not barred from receiving compensation for damages, even if they are partially to blame for the cause of their injury. Instead, the person’s compensation is reduced by their percentage of fault.

For example, suppose a jury decides that you are 10% at fault for the cause of the car accident that resulted in your concussion. The jurors award you $750,000 in damages.

Because you were 10% at fault, your compensation is reduced by $75,000. That amount is 10% of the total compensation award.

Insurance companies often try to shift blame for the cause of an injury to the victim so they can undervalue a claim. Talking to an insurance adjuster without legal counsel could give the company evidence to use against you. Before you agree to make a statement or answer questions about your concussion injury, talk with a lawyer about your case.

Contact a Queens Personal Injury Lawyer for a Free Consultation After Sustaining a Concussion Injury

You deserve fair and just compensation for a traumatic brain injury. contact us at  Oresky & Associates, PLLC to schedule a free consultation and discuss your concussion with an experienced Queens personal injury lawyer (718) 993-9999. Let’s work together to resolve your claim so that you have the money for the resources you need as you continue to move forward after a concussion injury.